77 results for 'cat:"Terrorism"'.
J. Howell grants default judgment to the family members of servicemembers killed or injured in a 1996 Hezbollah bombing at a Saudi apartment complex in their action alleging that the Islamic Republic of Iran materially supported Hezbollah and directed the attack. The family members and servicemembers have provided sufficient evidence to demonstrate that Iran is not immune from suit and is liable for damages totaling $68,500,000.
Court: USDC District of Columbia, Judge: Howell, Filed On: May 16, 2024, Case #: 1:23cv793, NOS: Other Statutory Actions - Other Suits, Categories: International Law, terrorism
J. Hudson finds the county court properly denied the inmate's petition for a writ of habeas corpus. Defendant was convicted for battery and committing a terroristic act for firing a weapon into an occupied vehicle, causing injury. Though sufficient evidence supports the convictions, defendant says the presiding special judge was not properly appointed, and also makes double jeopardy claims. Defendant offers no evidence the judge's appointment failed to comply with procedure, and a challenge to the appointment of a special judge is not cognizable in habeas proceedings. The acts of firing the weapon multiple times and the result of the victim being injured are legally separate charges, and double jeopardy does not apply. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: May 9, 2024, Case #: CV-23-633, Categories: Habeas, Battery, terrorism
J. Wood finds the trial court properly convicted defendant for murder, committing a terroristic act and tampering with evidence based on sufficient evidence. The 13-year-old witness testified a "splat-ball" game was happening in the neighborhood when he saw defendant fire a gun at a carload of teenagers. The witness ran when he heard a loud bang, returning later the find the 8-year-old victim dead from a gunshot wound to the head. The court's application of a firearm enhancement to the murder and terroristic-act convictions does not constitute a double-jeopardy violation. No error is found in the court's not accepting defendant's proffered jury instructions for second-degree murder and manslaughter. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 8, 2024, Case #: CR-23-525, Categories: Murder, Child Victims, terrorism
J. Lamberth finds the Islamic Republic of Iran liable for $18,780,353.09 in compensatory damages and $56,341,059.27 in punitive damages after finding that it materially supported attacks on U.S. troops in Iraq during the U.S. occupation of that country.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: April 30, 2024, Case #: 1:17cv131, NOS: Other Personal Injury - Torts - Personal Injury, Categories: International Law, terrorism
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J. O’Connor finds that a case brought by John Sabal, the owner of the conservative publication The Patriot Voice, claiming that the Anti-Defamation League published defamatory content that falsely connected Sabal with anti-Semitic statements, conspiracy theories and events can proceed. The statements rise above the level of inference or opinion because they could be interpreted as factual by readers. The Anti-Defamation League’s motion to dismiss regarding the published statements is denied.
Court: USDC Northern District of Texas , Judge: O’Connor, Filed On: April 30, 2024, Case #: 4:23cv1002, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: terrorism, Defamation
J. Park finds that defendant was properly convicted based on his guilty plea to aiding Islamist terrorist group al-Shabaab in raids in Kenya and Somalia that killed scores of civilians, including Americans. Defendant contends the superseding indictment to which he pleaded fell outside the remand mandate of a prior appeal affected by intervening precedent, but nothing on remand blocked superseding indictments, and the initial plea agreement permitted new charges in the event that defendant's conviction was vacated for any reason. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: April 29, 2024, Case #: 22-2958-cr, Categories: Criminal Procedure, Plea, terrorism
J. Millett upholds the district court's order quashing seven victims' writs of execution pertaining to their efforts to attach assets held by the World Bank to satisfy multi-million-dollar default judgments they received on their claims arising from terrorist attacks. The World Bank has statutory immunity under the International Organizations Immunities Act and Foreign Sovereign Immunities Act. Affirmed.
Court: DC Circuit, Judge: Millett, Filed On: April 26, 2024, Case #: 22-7134 , Categories: terrorism, Immunity, Enforcement Of Judgments
Per curiam, the circuit finds that the district court properly denied defendant's request to vacate one conviction stemming from a terrorism-related plot to engage in coordinated suicide bombings in the New York City subway system. Because defendant was convicted of possessing a destructive device in furtherance of a crime of violence, he also was guilty of attempted terrorism as a crime of violence on the premise of aiding and abetting. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 24, 2024, Case #: 21-1438, Categories: terrorism
J. Halligan answers a certified question by finding that New York law allows personal jurisdiction to be extended when a successor entity entirely assumes a predecessor's assets and liabilities but the parties do not merge. Long-arm jurisdiction had been established over claims contending a foreign bank's U.S. transfers provided assistance to Hezbollah by financing terrorist rocket attacks that harmed U.S. citizens in Israel in 2006. Under the theory of successor jurisdiction, after another foreign bank purchased the assets and liabilities, it also took on the predecessor's specific personal jurisdiction in New York.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: April 18, 2024, Case #: 29, Categories: Tort, terrorism, Jurisdiction
Per curiam, the circuit finds the district court properly denied the inmate's request for a restitution stay. The inmate was convicted for mailing explosives to President Obama, Texas Governor Abbott, and the Social Security Commissioner. She has not presented a basis for relief. Though her request for compassionate release was denied on jurisdictional grounds, the circuit had denied her request for a certificate of appealability, which gave the district court jurisdiction to decide her compassionate release motion. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-20209, Categories: Sentencing, Restitution, terrorism
J. Lamberth grants default judgment to the family of a man stabbed by a Hamas militant in the West Bank in their suit against the Islamic Republic of Iran and the Syrian Arab Republic alleging that the two countries provided material support to Hamas. The family has sufficiently established that Hamas is responsible for their family member's murder, that the two countries have provided financial and material support to Hamas, and that this support falls under an exception to sovereign immunity for state sponsors of terrorism.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: March 28, 2024, Case #: 1:20cv3492, NOS: Other Personal Injury - Torts - Personal Injury, Categories: International Law, terrorism, Wrongful Death
J. Scudder finds that the lower court properly convicted defendant of providing material support to a terrorist organization by creating a computer program that allowed ISIS to rapidly duplicate terrorist propaganda videos online. Defendant did not simply engage in independent advocacy for a terrorist organization, but closely coordinated his activity with the terrorist organization by providing them with a software tool to disseminate media to a wide audience and circumvent censors. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 28, 2024, Case #: 22-3140, Categories: Constitution, terrorism
J. Riedmann finds the trial court properly convicted defendant for manslaughter, attempted terroristic threats and firearm possession. Witnesses testify defendant shot his girlfriend during a night of drinking after a contentious phone call with his ex-wife regarding child custody issues. Sufficient evidence supports the convictions, though a matter of sentencing is remanded to correct certain sentences from determinate to indeterminate according to statute. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: March 12, 2024, Case #: A-23-367, Categories: Firearms, Manslaughter, terrorism
J. Millett finds the district court should have dismissed a couple's claims arising from a terrorist attack at a bus stop in Jerusalem. District courts only have jurisdiction over extrajudicial killings committed or supported by state sponsors of terrorism; therefore, because no one, other than the attacker, was killed during the attack, the district court lacked jurisdiction. Vacated.
Court: DC Circuit, Judge: Millett, Filed On: March 8, 2024, Case #: 22-7058 , Categories: terrorism, Jurisdiction
J. Tunheim grants the immigrant's motion for summary judgment and vacates the immigration officials' denial of his application for adjustment of status. The immigrant did not render himself inadmissible by by joining an organization, after leaving Liberia, which fundraised for the United Liberation Movement for Democracy, a group which opposed Charles Taylor and his National Patriotic Front of Liberia. The immigration officials have not alleged that he engaged in a "terrorist activity" in doing so. The immigration officials' determination that the group was a Tier III terrorist organization was also arbitrary and capricious, and must be set aside. Finally, the immigrant has demonstrated by clear and convincing evidence that he neither knew or should have known that the group was a terrorist organization.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 1, 2024, Case #: 0:18cv3163, NOS: Other Immigration Actions - Immigration, Categories: Immigration, terrorism
J. Christen finds that the district court improperly entered conviction for conspiring to possess a destructive device in furtherance of a crime of violence and aiding and abetting the same. The conviction could not stand under precedent of the Supreme Court in USA v. Davis. However, defendant was properly convicted for conspiring to use a weapon of mass destruction. The matter involves a Syrian national's involvement in a conspiracy that targeted U.S. military personnel and property in Iraq. Affirmed in part.
Court: 9th Circuit, Judge: Christen , Filed On: February 28, 2024, Case #: 18-10435, Categories: Conspiracy, terrorism
J. Lefkow grants the U.S. State Department’s motion to dismiss a class action brought by former, involuntary members of the Islamic Revolutionary Guard Corps of Iran. The former Guard members had their visas to the U.S. denied on “terrorist-related inadmissibility grounds,” despite the fact that they were conscripted, not willing recruits. They filed claims for class certification, a preliminary injunction against enforcement of the “terrorist” grounds, and for the court to have an evidentiary hearing on the issue. The court nevertheless dismisses the claims on the grounds that the “law simply gives judges essentially no role in the visa decision process.”
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: February 15, 2024, Case #: 1:22cv7360, NOS: Other Immigration Actions - Immigration, Categories: Immigration, terrorism, Class Action
J. Brown finds the trial court properly convicted defendant for terroristic threatening. Defendant was arrested after the victim confronted him at his home regarding a threatening letter the victim had received that had mentioned defendant. Defendant immediately threatened the victim, then pulled out a machete, swinging it at the victim. Several witnesses testified defendant told the victim he was going to “kill all you motherfuckers and take everything you got.” Substantial evidence supports the conviction, and the letter was properly entered as evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: February 14, 2024, Case #: CR-23-190, Categories: Evidence, Threats, terrorism
J. Bishop finds the trial court properly convicted defendant, by no-contest plea, for making terroristic threats. After officers responded to the domestic disturbance, defendant pointed a shotgun at them, saying he would “blow them away." All evidence supports the conviction, and trial counsel’s failure to file a motion to suppress the arrest warrant was not deficient. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 13, 2024, Case #: A-23-503, Categories: Firearms, Threats, terrorism
Per curiam, the circuit finds the district court properly sentenced defendant to 24 months in prison after revoking his term of supervised release based on sufficient evidence. In violation of his supervised release terms, defendant broke into his pregnant ex-girlfriend's residence and assaulted her, pointed a gun at her head and threatened to kill her. He also broke into her home when she was not there and sent her texts with photos of himself inside, threatening to harm her and burn the home down. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 23-10142, Categories: Probation, Assault, terrorism
J. Brown finds the trial court properly convicted defendant for illegal possession of a firearm, domestic battery and terroristic threatening. A neighbor testified the victim, who had previously attempted to evict defendant, banged on his door with handcuffs on one hand and her face bloodied, pleading, “He’s got a gun, he’s going to kill me.” The neighbor testified she seemed truly terrified. Officers responded to information on defendant's location and found him hiding behind a blanket in the corner of the laundry room. Thhe victim's out-of-court statements to her neighbor were properly admitted under the excited utterance hearsay rule. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: January 31, 2024, Case #: CR-23-321, Categories: Firearms, Battery, terrorism
J. Klappenbach finds the county court properly denied defendant's motion to transfer his charges for first-degree murder and committing a terroristic act to the juvenile division. The victim, who it was believed by the 16-year-old defendant to have shot his codefendant a year earlier, was found with a gunshot wound to the back of his head. Statements made to officers tended to point toward defendant, who claims gang affiliation, as the shooter. Regardless of defendant's arguments, a juvenile may still be tried as an adult solely because of the serious and violent nature of the offenses. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: January 31, 2024, Case #: CR-23-232, Categories: Juvenile Law, Murder, terrorism
J. Bishop finds the trial court properly convicted defendant for terroristic threats and operating a motor vehicle to avoid arrest based on sufficient evidence. Defendant's ex-wife testified he arrived at her house in his truck, drove across her lawn and kicked in her front door, and the ex-wife's current boyfriend testified he saw defendant driving away from the house as he arrived. Furthermore, officers testified that as they arrived at defendant's house for questioning, he fled in his truck. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 23, 2024, Case #: A-23-343, Categories: Evidence, Escape, terrorism