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...Prosecutors are not challenging Osman's acquittal for allegedly planning the attack. Rather, they question the judges' ruling on the charge that he belonged to a terrorist organization. Lead judge Javier Gómez Bermúdez, writing for the court, grounded that acquittal on the principle of non bis in idem, or double jeopardy, arguing that because Osman has already been convicted for membership in a terrorist organization by an Italian court, he cannot be found guilty for the same crime by the Spanish...

Author: /time Magazine | Title: Madrid Bombing Case Appealed | 11/7/2007 | See Source »

...Much also depends on how you define "firm." To be enacted, the principle of non bis in idem requires that the sentence in the first case be "firm" - that is, that it can no longer be appealed through normal judicial routes. In his sentence, Bermúdez referred twice to the firmness of the Italian conviction, justifying the acquittal in part on the assertion that the sentence that Osman received - 10 years in prison - could not be changed. However, two days before Bermúdez presented that verdict, an appeals court in Milan did just that, reducing Osman's sentence...

Author: /time Magazine | Title: Madrid Bombing Case Appealed | 11/7/2007 | See Source »

...what's going on here? "If the sentence is being appealed in Italy, then the [Spanish] court made a mistake," says Cancio. "This was a huge case, and an error might have slipped through." But Queralt believes Bermúdez was justified even if appeals were still going on. "Spain's Constitutional Court changed things a few years ago, ruling in one case that all appeals don't have to be exhausted," he says. "It's enough that the process is under way." Endika Zulueta, Osman's lawyer, sides with Queralt. In an e-mail, he writes, "I will contest...

Author: /time Magazine | Title: Madrid Bombing Case Appealed | 11/7/2007 | See Source »

...have been: out of position on the defensive glass and too far from the perimeter to defend against SMU’s arsenal of outside shooters. The Mustangs (6-4) sank 7-of-11 first half three-pointers, including a pair of back-to-back treys from guard Dez Willingham to give SMU a 48-21 advantage with 0:40 remaining in the opening frame. While the Mustangs showcased their athleticism with a bevy of alley-oops, finger rolls, and dunks, the Crimson played dead for the majority of the first half. Harvard was just 6-of-24 from...

Author: By Aidan E. Tait, CRIMSON STAFF WRITER | Title: Harvard Endures Second Straight Blowout | 12/29/2005 | See Source »

...that most college students have, at one point or another, probably broken themselves, just without being busted.Was Johnson going to knock on Murphy’s door, step into his office and say: “You know, coach, I’ve been thinking about Russ and Dez. Me and some of the guys think what they did was really bad—really bad—and you should probably go ahead and tack on a little more punishment. Maybe keep them out of spring ball too.”?Of course not. Johnson shouldn?...

Author: By Timothy J. Mcginn, CRIMSON STAFF WRITER | Title: McGINN AND JUICE: Return of Suspended Players Shocks After Originally Stern Words | 11/14/2005 | See Source »

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