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Japan court gives go-ahead for restart of 2 nuke reactors
Legal Court Feed | 2015/12/24 16:41
A Japanese court gave the go-ahead for the restart of two nuclear reactors Thursday after its operator said in an appeal they were safe.

The Fukui District Court in western Japan lifted an April injunction that was filed by a group of residents who said that a massive earthquake exceeding the facility's quake resistance could cause a disaster similar to the Fukushima crisis following the March 2011 quake and tsunami.

The order paves the way for a resumption of the Takahama No. 3 and No. 4 reactors, operated by the Kansai Electric Power Co.

The operator had already obtained approval of the safety regulators, and town and prefectural leaders expressed their support for a restart this month, just in time for the ruling. Two of Japan's 43 reactors are currently back online.

Thursday's decision minimizes the delay for the Takahama reactors, which had been set for restart late this year.

The utility plans to go ahead with loading fuel rods into the No. 3 reactor within days, and go through final safety checks before putting the reactor back online late January.

Takahama reactors could be a third and fourth to restart, while prospects for a fifth one, the Ikata reactor in Shikoku, southwestern Japan, are uncertain due to strong local opposition over evacuation plans in case of an emergency.

Prime Minister Shinzo Abe's pro-business government wants to restart as many reactors as possible. The government says nuclear energy should remain key for resource-poor Japan. Abe is also pushing to export Japan's nuclear technology and recently signed a nuclear agreement with India.



Court turns down appeal for Harvey family killer
Legal Court Feed | 2015/12/23 16:41
A federal appeals court won't rehear the case of a man sentenced to death in the New Year's Day 2006 slaying of a Richmond family.
 
Lawyers for Ricky Jovan Gray had asked the 15-member U.S. Circuit Court of Appeals to rehear claims that were rejected by a three-judge panel two weeks ago. The court rejected Gray's request on Tuesday.

Rob Lee, an attorney for Gray, says he now intends to ask the U.S. Supreme Court to review the case.

Gray was convicted in the slayings of Bryan and Kathryn Harvey and their daughters, 9-year-old Stella and 4-year-old Ruby.

The 38-year-old claims his trial attorneys failed to present evidence that might have cast doubts on his confession and by not telling jurors that he was high on PCP during the murders.



US court rejects Virginia death row inmate's appeal
Legal Court Feed | 2015/12/01 22:55
A federal appeals court has rejected a Virginia death row inmate's appeal of his murder-for-hire conviction.

Ivan Teleguz was sentenced to death in 2006 for hiring a man to kill his former girlfriend, Stephanie Sipe, in Harrisonburg. After two key prosecution witnesses recanted, the 4th U.S. Circuit Court of Appeals in 2012 ordered a judge to conduct a hearing on Teleguz's innocence claim.

After one of those witnesses refused to testify and the other did not attend the hearing, U.S. District Judge James P. Jones determined that affidavits recanting their previous testimony were unreliable. A three-judge panel of the 4th U.S. Circuit Court of Appeals said Monday that it found no reason to overrule Jones on that issue.


High Court rules against Northern Ireland's abortion law
Legal Court Feed | 2015/11/30 22:55
A Belfast High Court ruling is expected to ease Northern Ireland's strict anti-abortion laws to make it easier for women to terminate pregnancies in some cases.

Abortions are illegal in Northern Ireland except in extreme cases when a woman's life is deemed at risk from her pregnancy. Judge Mark Horner said Monday that certain prohibitions violate the provisions of the European Convention on Human Rights — cases where a fetus has fatal abnormalities or when a woman became pregnant as a result of sexual crimes like rape or incest.

John Larkin, attorney general for Northern Ireland, said he was "profoundly disappointed" by the court's ruling and said he is studying grounds for a possible appeal.

Northern Ireland is part of the United Kingdom, but it has much more restrictive abortion laws than the other regions.

Judge Horner said the present law making it illegal for a mother to terminate her pregnancy where her fetus cannot survive independently once it leaves the womb constitutes a "gross interference with her personal autonomy." He said in such cases "there is no life to protect."

Horner also said the existing law is unfair to victims of sexual crimes who become pregnant.


Perry's indictment in hands of top Texas criminal court
Legal Court Feed | 2015/11/19 22:13
Attorneys for former Texas Gov. Rick Perry urged the state's highest criminal court Wednesday to dismiss felony abuse-of-power charges that the Republican blames in part for foiling his short-lived 2016 presidential run.

After two hours of arguments, the Texas Court of Criminal Appeals gave no timetable for ruling whether Perry should face trial in the case that has dragged on since August 2014 — about five times longer than his second unsuccessful White House bid.

Perry didn't attend the crowded hearing in a courtroom behind his old Texas Capitol office, but his high-powered lawyers told judges that enough was enough.

"The danger of allowing a prosecutor to do this is mind-boggling," Perry attorney David Botsford said.

Perry is accused of misusing his power in 2013 when he vetoed funding for local prosecutors after Travis County District Attorney Rosemary Lehmberg, an elected Democrat, refused calls to resign following a drunken driving arrest. He was indicted a year later by a grand jury in liberal Austin and faces up to life in prison if convicted.

Perry has denounced the charges as a partisan attack. But in a lively back-and-forth with an eight-judge panel, all but one of whom is an elected Republican, Perry's legal team didn't raise claims of political retribution and instead framed the veto as a rightful constitutional power.

Special prosecutors say that's for a trial to determine — and not for the court to settle now. Judges met that with a tone of skepticism, with Republican Judge Kevin Yeary pressing at one point whether going through with a trial would be "wasting everyone's time."

Perry was originally indicted on two counts, but a lower court has already thrown out the other charge of coercion of a public servant. Prosecutors are asking the court to not only order a trial on the remaining charge but also reinstate the other one.



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