Friday, November 17, 2017

US court bars Trump from reversing transgender troops policy

A federal judge on Monday barred President Donald Trump's administration from proceeding with plans to exclude transgender people from military service. U.S. District Judge Colleen Kollar-Kotelly ruled that the transgender service members who had sued over Trump's policy were likely to win their lawsuit. She directed a return to the situation that existed before Trump announced his new policy this summer, saying the administration had provided no solid evidence for why a ban should be implemented. Trump had ordered a reinstatement of the longstanding policy that barred transgender individuals from joining the military; service members who were revealed to be transgender were subject to discharge. Under President Barack Obama, that policy was changed last year to allow transgender people to serve openly. The Trump administration may appeal Kollar-Kotelly's decision, but for now, the proposed ban remains unenforceable under Kollar-Kotelly's preliminary injunction. "We disagree with the court's ruling and are currently evaluating the next steps," said Justice Department spokesman Lauren Ehrsam. She reiterated the department's view that the lawsuit was premature because the Pentagon was still in the process of reviewing how the transgender policy might evolve. One of the attorneys handling the lawsuit, Shannon Minter of the National Center for Lesbian Rights, said the ruling was an enormous relief to his clients.

Tuesday, August 15, 2017

Spanish court backs extradition of Russian programmer to US

Spain's National Court has recommended the extradition to the United States of a Russian computer programmer accused by U.S. prosecutors of developing malicious software that stole information from financial institutions and caused losses of $855,000. Stanislav Lisov, 31, was arrested Jan. 13 in the Barcelona Airport while on honeymoon in Europe. Prosecutors accuse him of developing the NeverQuest software that targeted banking clients in the United States between June 2012 and January 2015. The Spanish court said Tuesday that Lisov could face up to 25 years in prison for conspiracy to commit electronic and computer fraud. The extradition hearing took place July 20. The court said its ruling can be appealed by Lisov. The extradition, if finally decided upon, must be approved by the government.

Friday, June 16, 2017

Inmates participating in work-release programs do not quality for workers' compensation benefits, the West Virginia Supreme Court ruled has ruled. The court on Thursday unanimously affirmed a Workers' Compensation Board of Review's 2015 decision to not grant workers' compensation to a work release inmate named William F. Crawford, the Charleston Gazette-Mail reported. Crawford's hand was severely injured in a wood chipper in 2013 while he was working on a road crew for the state Division of Highways. He was employed by the Charleston Work Release Center, now called the Charleston Correctional Center. Inmates live and work there as they prepare to re-enter society after leaving prison. Crawford's injury required hospitalization and surgery, and his ring and pinky fingers were partially amputated. The state Department of Corrections covered his medical expenses, which exceeded $90,000. He was released on parole shortly after his hospitalization. Court documents say Crawford sought workers' compensation benefits because "lack of treatment has put him at a significant disadvantage in re-entering society." He had appealed the board of review's decision, saying state law didn't clarify coverage exclusion for work-release inmates. He also said his equal protection rights had been violated, arguing that inmates working for private businesses would receive the benefits, while inmates working for a state agency would not.

Court: Ignorance about allergy medicine crime no excuse

Just because a man previously convicted of methamphetamine-related crimes didn't know it was now illegal for him to buy over-the-counter allergy medicine given his criminal history doesn't mean his rights were violated, a divided North Carolina Supreme Court ruled Friday. A majority of the seven justices reversed a lower appeals court decision overturning the conviction of Austin Lynn Miller for buying one box of capsules at a Walmart in Boone in early 2014, barely a month after an expanded purchase prohibition law took effect. Miller was barred from buying anything beyond minuscule amounts of the medicine because it contained pseudoephedrine, which can be used to make meth, due to his 2012 convictions on possession of meth and keeping a car or house to sell controlled substances. A jury convicted Miller for possessing the allergy medicine. He received a suspended sentence with probation. State law already required the nonprescription medicine to be kept behind the counter and mandated electronic record keeping to monitor whether a meth lab was buying up the drugs. Often purchasers follow screen prompts saying they understand buying the medicines in large quantities or too frequently is illegal. Miller's lawyer argued his client's due process rights were violated because he had no knowledge the purchasing law had changed in December 2013 and that he didn't intend to violate the law. There were no signs in pharmacies about the changes, either, the attorney said. A three-judge panel of the Court of Appeals ruled unanimously in March 2016 the law was unconstitutional as it applied to a convicted felon like Miller who failed to receive notice from the state that their "otherwise lawful conduct is criminalized" unless there's other proof the person knew about the law. State attorneys argued that Miller's ignorance of the law was no excuse and that it was his intentional action of purchasing the medicine that led to the crime. Writing the majority opinion, Justice Sam Ervin IV sided with the state and rejected Miller's arguments that the retail purchase was an innocuous act that raised no alarms about whether he was breaking the law.