- Posted March 07, 2014
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SUPREME COURT NOTEBOOK
Justices side with parent who fled with child
WASHINGTON (AP) -- The U.S. Supreme Court has made it harder for a parent in a custody dispute to seek the immediate return of a child under an international treaty to deter child abduction.
The justices ruled unanimously Wednesday that a one-year clock begins ticking when a child is taken out of its country of residence, even if the parent left behind cannot determine where the child is living. In the one-year period, the Hague Convention on child abduction gives judges little option but to return the child to its home country.
After a year, judges have more discretion and must take account of evidence that the child is settled in its new home.
At issue is not the ultimate custody of the child, but in which nation's courts the case will be heard.
Court upholds $185 million award against Argentina
WASHINGTON (AP) -- The Supreme Court has upheld a British natural gas company's multimillion dollar award against the government of Argentina.
BG Group won $185 million through arbitration of a dispute with Argentina over investment in natural gas development. An arbitration tribunal said the company did not have to first submit the dispute to Argentine courts before arbitration could begin.
Argentina asked a U.S. court to throw out the award. The federal appeals court in Washington, D.C., sided with Argentina because it found that judges, not arbitrators, should decide where attempts to resolve the dispute should begin.
But the Supreme Court said Wednesday the arbitrators get to make that call and that they were correct to rule in favor of BG Group in this case.
The case is BG Group v. Argentina, 12-138.
Justices order new look at Utah gun conviction
WASHINGTON (AP) -- The Supreme Court says defendants have to know in advance that their accomplices would use or carry a gun while committing a crime in order to be convicted under federal gun laws.
The justices ruled Wednesday that the jury instructions given in Justus C. Rosemond's conviction were incorrect. Rosemond was one of five people participating in a drug deal gone bad in Tooele, Utah. During the incident, nine or 10 shots were fired and a car chase ensued. It was not clear who fired the weapon.
At trial, prosecutors told jurors that Rosemond could be convicted of "aiding and abetting" the crime if he merely knew his accomplice used a firearm. The court ordered federal appellate judges in Denver to take a fresh look at Rosemond's case.
Published: Fri, Mar 7, 2014
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