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Airport shooting suspect due for Florida court appearance
Recent Law Insight | 2017/01/05 16:55
The Iraq war veteran accused of fatally shooting five people and wounding six at a crowded Florida airport baggage claim is due for his first court appearance.

Esteban Santiago is scheduled to be in Fort Lauderdale federal court Monday morning. The 26-year-old from Anchorage, Alaska, faces airport violence and firearms charges that could mean the death penalty if he's convicted.

The initial hearing Monday is likely to focus on ensuring Santiago has a lawyer and setting future dates. Santiago has been held without bail since his arrest after Friday's shooting at Fort Lauderdale-Hollywood International Airport.

The FBI has says Santiago flew on a one-way ticket from Alaska to Florida with a handgun in his checked bag. Agents say he retrieved the gun and emerged from an airport bathroom firing.



Ohio sheriff accused of drug theft changing not guilty plea
Recent Law Insight | 2016/11/21 16:28
A suspended sheriff in Ohio who has denied stealing prescription drugs and misusing office funds is due in court to change his not guilty plea.

Sandusky County Sheriff Kyle Overmyer is scheduled to attend a change of plea hearing Monday in Fremont.

Overmyer had pleaded not guilty in August to six felony charges in a 43-count indictment.

The two-term sheriff was charged with stealing medications drug disposal drop boxes, deceiving doctors into giving him painkillers and misusing department funds.

A judge recently sent him back to jail after deciding he violated terms of his bond by contacting potential witnesses.

Overmyer has said the investigation was politically motivated. He was suspended but kept his sheriff's title. He lost his re-election bid about two weeks ago.


French court restores far-right candidate's ties to father
Recent Law Insight | 2016/11/18 16:27
French presidential candidate Marine Le Pen thought she had cut the political cord with her controversial father by expelling him from the far-right party he founded, but a court ruled Thursday Jean-Marie Le Pen still is the National Front's honorary president.

While campaigning in next spring's presidential election, Marine Le Pen has worked to smooth her image and distance herself from her father's extremist views and anti-Semitic comments. Kicking him out of the party was part of her strategy.

The civil court outside that heard Jean-Marie Le Pen's reinstatement claim upheld the National Front's decision last year to expel him as a rank-and-file member. But the court also ruled that the 88-year-old firebrand can remain the party's honorary president.

As a result, the court ordered the National Front to summon the elder Le Pen to any high-level party meetings and to give him voting rights as an ex-officio member of all the party's governing bodies.

"No statutory provisions specify that the honorary president must be a member of the National Front," the judges said.

The court sentenced the party to pay Jean-Marie Le Pen 23,000 euros ($24,500) in damages and lawyers' fee.

"This can be called a success," his lawyer, Frederic Joachim, told reporters after the ruling was returned.

Joachim had asked the court for 2 million euros ($2.1 million) in damages because "it's a political life they tried to destroy at home and to cast scorn on abroad."

The party's lawyers didn't immediately comment on the ruling, which both sides can appeal.

The National Front ousted the party patriarch for a series of comments, including referring to Nazi gas chambers as a "detail" of World War II history.

Le Pen contends his comments were protected by freedom of expression, though he has been sentenced repeatedly in France for inciting racial hatred and denying crimes against humanity.



Hawaii Supreme Court affirms Maui solar telescope permit
Recent Law Insight | 2016/11/08 16:25
Hawaii's Supreme Court on Thursday affirmed a permit to build a solar telescope on a Maui mountain.

The ruling denies a challenge by a group seeking to protect the sacredness of the summit of Haleakala (hah-leh-AH'-ka-lah). The University of Hawaii followed proper procedure for an environmental assessment, the Supreme Court also ruled in a separate ruling.

Last year, eight people were arrested when protesters tried to stop a construction convoy heading to the solar telescope site. Kahele Dukelow, one of the protest leaders, said opponents are disappointed and considering what their next steps will be.

"We only have one alternative now," she said. "We have to continue to protest in other ways."

They hoped the decision would be similar to the court's ruling last year that invalidated a permit to build the Thirty Meter Telescope on the Big Island's Mauna Kea. That project has been the focus of more intense protests. Opposition to both telescopes cite concerns that the projects will desecrate sacred land.

The permit approval process was not "procedurally flawed by prejudgment" nor was it "flawed by impermissible ex parte communication," the court's 3-2 majority opinion said.

State Attorney General Doug Chin said his office will look into whether the rulings have any impact on future matters before the state land board, including the Thirty Meter Telescope.

"We are disappointed with the court's decision," said a statement from the Native Hawaiian Legal Corp., which represents the group that challenged the solar telescope project, Kilakila O Haleakala. "This decision impacts all who are concerned about the protection of Hawaii's natural and cultural resources."

Officials with the Daniel K. Inouye Solar Telescope didn't immediately comment.

"We are still reviewing the full decisions, but we look forward to 'first light' when the Daniel K. Inouye Solar Telescope will open a new era of discovery in Hawaii, about the sun and its daily impacts on all life on Earth," university President David Lassner said in a statement.

External construction of the Maui telescope is complete, with only internal work remaining, according to the university. The $340-million project is scheduled to be operational in 2019. Construction of the $1.4 billion Thirty Meter Telescope remains stalled pending a new contested case hearing scheduled to begin later this month.


Landowners to court: Exxon Mobil pipeline breaches contract
Recent Law Insight | 2016/10/21 20:51
Attorneys for landowners along a crude oil pipeline that ruptured in Arkansas in 2013 say Exxon Mobil Pipeline Co. breached its contract because the pipeline interferes with their ability to enjoy their property.

Attorneys for the landowners and Exxon Mobil appeared Wednesday before judges from the 8th U.S. Circuit Court of Appeals in Minnesota.

The landowners asked the appeals court to reinstate their case, which was dismissed last year, and have it re-certified as a class-action suit. Attorney Phillip Duncan says it's an issue of honoring easements.

Exxon Mobil attorney Gary Marts said the case was properly dismissed. He says landowners are essentially trying to regulate pipeline safety through a lawsuit - but that's the job of a federal agency.

The Pegasus Pipeline runs through Arkansas, Missouri, Illinois and Texas.


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