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His father still blames himself for Si Yi taking part in the Bali Nine plot. Chen is in Kerobokan Prison where he started Mule Jewels, a silver jewellery-making program in partnership with a local company which trains inmates in silversmithing. He practises tai chi, meditates and reportedly has become a Christian. Chen shares a cell with two other inmates, which he has described as “comfortable enough” but “dirty”. He told the ABC the deaths of Andrew Chan and Myuran Sukumaran by the firing squad was like losing family members. “I feel guilt that I’m still alive and they’re not and also feel disappointed and (it) also affected my mindset at that time, like, what’s the point? If he ever gained his freedom he said he would become a counsellor to troubled young adults. He would like to tell Joko Widodo that “people deserve a second chance … get me home”. Upon the place beneath. It blesseth him that gives and him that takes. ⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: email@example.com. Opposed to Capital Punishment? Help us keep this blog up and running!
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It was urgent that Hillary Clinton in her Reno speech indict Donald Trump for his regular, unremitting embrace of the slogans, causes and emblems of the far right (not conservative, please!) hate-mongering fringe of our public discourse. This is not just an accidental association. It is his chosen signature. Remember, he was an enthusiastic birther and has gone on to embrace every sinister paranoid fantasy since. These are not ghosts you can raise just when it seems convenient or because a particular crowd might thrill to them and then when the time comes to govern you can waive aside and pretend you never summoned them. You lie down with dogs, you get up with fleas. And these fleas carry the disease of virulent hatred and discord. I have a sense for these things. I am not, like Judge Gonzalo Curiel, just the child of immigrants but an immigrant myself. I was four years old when my family and I fled Prague just after the Nazis invaded.
I was 13 when I raised my hand and swore an oath of allegiance to the United States and became a citizen. That was a privilege and it was an even greater privilege when Chief Justice Warren Burger administered a very similar oath to me and I was able to serve my country and the Constitution as Ronald Reagan’s solicitor general. I am a student of the history of the man and the movement who drove me and my family out of a young but prosperous and real democracy. I only met Ronald Reagan, the president I served, once for any length of time. He hosted a lunch at the White House for the justices of the Supreme Court and the members of his administration who worked before that court. Reagan sat across from Thurgood Marshall and that whole lunch he and Marshall laughed and joked and swapped football stories.
My mother, who had revered President Franklin D. Roosevelt as the savior of Europe, loved “Ronnie,” but not his neckties. I could see why she admired him. One of Reagan’s iconic moments had to do with tearing walls down. Trump tells us that we need to rebuild our schools, roads, bridges, airports; so does Hillary Clinton. But he is going to cut everyone’s taxes in order to pay for it. I believe her; I don’t believe him because what he promises is simply unbelievable. And now he tells us Mexicans are great people; that maybe he won’t deport all those people after all; that the insults he hurls about like confetti were not really meant to hurt anyone’s feelings. This is a man about whom the best you can say is that he doesn’t believe anything he says. After that, it’s downhill all the way. Hillary Clinton will give us a decent, competent, understandable government. That’s plenty good enough for me, and considering the truly dreadful alternative, it’s good enough for increasing numbers of my fellow Republicans.
Judge Lourie wrote the opinion, joined by Judges Moore and Wallach. In calculating an attorney fee award, a district court usually applies the lodestar method, which provides a presumptively reasonable fee amount . This method has been characterized as “readily administrable” and “objective,” but “not perfect” and “never intended to be conclusive in all circumstances” . We have noted that “although the amount the client paid the attorney is one factor for the court to consider in determining a reasonable fee, it does not establish an absolute ceiling.” Junker v. Eddings, 396 F.3d 1359, 1365 (Fed. In “rare” and “exceptional” cases, a district court may enhance the lodestar amount based on various factors, provided they are not adequately taken into account by the lodestar calculation. We agree with Lumen View that the district court failed to provide a proper rationale to justify enhancing the attorney fee award by a multiplier of two.
The district court justified its award based on the specific circumstances of the case, the court’s proactive case management and expeditious resolution on the merits, which resulted in an “extremely low” lodestar. Lumen View Tech., 63 F. Supp. 3d at 326-27. If the court had adopted Lumen View’s proposed schedule, it stated, FTB would have reasonably incurred “significantly greater” attorney fees. Id. at 327. That analysis, however, appears to align more with the “results obtained” rationale disfavored by Supreme Court precedent, rather than being a justification for enhancing the lodestar determination. Blum v. Stenson, 465 U.S. 886, 900 (1984); Perdue, 559 U.S. The district court further reasoned that the calculated lodestar amount would be insufficient to deter an ongoing predatory strategy of baseless litigation, and thus the deterrent aspect of awarding fees would not be well served by a relatively low amount. Adjusting the lodestar has been condoned for situations in which the prevailing party’s attorney’s performance or conduct somehow is not factored into the lodestar calculation.
Perdue, 559 U.S. at 554-56 (finding that enhancement may be appropriate where lodestar does not adequately measure attorney’s “true market value”; attorney is subjected to “extraordinary outlay of expenses” for protracted litigation; or “exceptional delay” in payment of fees). However, factors outside the realm of performance or conduct attributable to the prevailing party’s attorney have not been accepted as justifying an enhancement. See id., 559 U.S. 554 (noting that “inferior performance by defense counsel, unanticipated defense concessions, unexpectedly favorable rulings by the court, an unexpectedly sympathetic jury, or simple luck” cannot justify an enhanced award). As such, we do not find proper support for the district court’s decision to enhance the lodestar amount by the specified multiplier as a reasonable fee award. We therefore vacate the attorney fee award and remand the case for recalculating a reasonable attorney fee award and determining whether there may be other issues open for consideration relating to attorney conduct. Whether the court wishes to utilize Rule 11 or any other statutory framework is of course up to the district court (pp.6-10). A further thought. Enhanced damages under § 284 would of course not be an available remedy in a case in which the accused infringer prevails.
One proposal – at para. 216 – indicated that the government wished to give incentive to those who are guilty to so plead at the earliest opportunity and, to assist with this, a 50% reduction in sentence is proposed. This particular proposal hit the headlines spectacularly on Wednesday 18th May after the Secretary of State for Justice and Lord Chancellor (Rt. Radio 5. It certainly appeared at Prime Minister’s Question Time – (see BBC) – that David Cameron might well now be distancing himself from this proposal. Under present sentencing guidance a discount of up to one-third is possible for an early guilty plea but “early” would usually be taken to mean by the first appearance before the court which will try the case. Sentencing guidance suggests only a 10% discount if the guilty plea is entered just as the trial is about to start. Mr Clarke is an old political warrior with a thick rhino-like political skin. He will withstand the metaphorical kicking he has received.
As a matter of pure logic, a reference to “serious rape” does not necessarily imply that some rapes are not serious and quite clearly they are all serious. Rape has a single definition in law (Sexual Offences Act 2003 s.1) but, after a finding of guilt, sentence has to be based on the actual facts of the case. As with all offences, there are gradations of seriousness. This must have been the point which Mr Clarke intended to convey even if his wording was unfortunate. In The New Statesman, David Allen Green takes a sensible look at this matter and also (rightly) deprecates the opportunism of David Miliband and the Labour Party. The majority considered that s64(1A) could be read in a way so as to make it compatible with Article 8 as explained in Marper. Thus, a declaration of incompatibility under the Human Rights Act 1998 s.4 was avoided.
The minority (Lords Rodger and Brown) thought that Parliament intended s64(1A) to require the retention of samples indefinitely. The outcome was that a declaration was granted to the effect that the ACPO guidelines were unlawful. A declaration of incompatibility relating to s.64(1A) was not issued since Parliament was clearly dealing with the matter. Meanwhile it was open to ACPO to alter the guidance for the interim. For further on this case see UK Human Rights Blog. It was also interesting that the Metropolitan Police removed the profile of Mr Damian Green MP. It is not clear just what the “exceptional circumstances ” were. ] EWCA Crim 1256, the Court of Appeal (Lord Judge LCJ, Rafferty and Holroyde JJ) has permitted a further trial of Gary Dobson for the April 1993 murder of Stephen Lawrence. He will stand trial with a David Norris. A private prosecution of Dobson, Knight and Acourt failed in 1996. The long-standing “double jeopardy” rule of English law was abrogated in limited situations by the Criminal Justice Act 2003 Part 10. See also Parliamentary Briefing Paper on Double Jeopardy. Addendum 20th May: It appears that Mr Clarke has postponed his plans to announce sentencing reforms. The idea of 50% discounts for early guilty pleas has now hit the public consciousness and is clearly unpopular. See the Guardian 19th May. The Telegraph 20th May looks at the case of Kendeh who was the man who attacked Gabrielle Browne in a park. He pleaded guilty to rape at the start of his trial, was sentenced to 4 years imprisonment less a one-third discount. He had previous convictions for sexual offences and was out of prison on licence when he attacked Gabrielle Browne. All of those matters are, in law, aggravating features. Cases like this demonstrate that there is an enormous and unacceptable gulf between the public view of what ought to happen to such serious offenders and what actually happens.
The 2012-13 Legal Year commenced today with the traditional Judges Service at Westminster Abbey followed by “the Lord Chancellor’s breakfast” in Westminster Hall – see Ministry of Justice . The new Secretary of State for Justice and Lord Chancellor (Mr Chris Grayling MP) was sworn in and took the oath laid down in the Constitutional Reform Act 2005 section 17- (CRA). Earlier, the new President of the Supreme Court – Lord Neuberger of Abbotsbury – was sworn as a Justice of the Supreme Court in at a short ceremony held in Court 1 of the Supreme Court building. Lord Hope – the court’s Deputy President presided at the ceremony. Lord Neuberger had not previously been a Justice of the Supreme Court though he served as a Lord of Appeal in Ordinary from January 2007 to September 2009 and then became Master of the Rolls. ] UKSC 45 where he delivered the court’s judgment – (The court comprised 9 justices).