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Suspected people smuggler charged in Australian court
Topics in Legal News | 2016/09/28 12:24
An Iranian citizen extradited from Indonesia was charged in a Sydney court on Thursday with attempting to smuggle 73 asylum seekers by boat to Australia.

Mohammad Naghi Karimi Azar, 56, on Wednesday became the eighth suspected people smuggler to be extradited from Indonesia to Australia since 2008, a government statement said.

Azar was charged in Sydney Central Local Court with 43 counts of people smuggling, an offense that carries a minimum five-year sentence and a maximum of 20 years.

He appeared by video from a Sydney police station.

Court documents allege Azar facilitated the passage of 73 men, women and children between 2011 and 2013. His lawyer, Archie Hallas, told the court that Azar had spent the last two and a half years in an Indonesian jail.

Azar did not apply for bail. Hallas told the court his client needed time to read the 100-page prosecution case against him. Azar is to appear in court next on Oct. 5.

Outside the court, another lawyer for Azar, Sayar Dehsabzi, told reporters his client intended to plead not guilty.

Dehsabzi said Azar told him he was a refugee registered with the United Nations and had fled Iran in fear of persecution because he was a member of an ethnic minority.



Court rules man treated for mental illness can have a gun
Topics in Legal News | 2016/09/15 15:10
A Michigan man who can't buy a gun because he was briefly treated for mental health problems in the 1980s has won a key decision from a federal appeals court, which says the burden is on the government to justify a lifetime ban against him.

The Second Amendment case was significant enough for 16 judges on the 6th U.S. Circuit Court of Appeals to participate. Cases usually are heard only by three-judge panels.

Clifford Tyler, 74, of Hillsdale said his constitutional right to bear arms is violated by a federal law that prohibits gun ownership if someone has been admitted to a mental hospital.

In 1985, Tyler's wife ran away with another man, depleted his finances and filed for divorce. He was deeply upset, and his daughters feared he was a danger to himself.

Tyler was ordered to a hospital for at least two weeks. He subsequently recovered, continued working for another two decades and remarried in 1999.

"There is no indication of the continued risk presented by people who were involuntarily committed many years ago and who have no history of intervening mental illness, criminal activity or substance abuse," Judge Julia Smith Gibbons wrote in the lead opinion.

The court on Thursday sent the case back to the federal court in Grand Rapids where the government must argue the merits of a lifetime ban or the risks of Tyler having a gun.

Gibbons suggests Tyler should prevail, based on his years of good mental health.


Candidate filing begins Monday for appeals court seat
Topics in Legal News | 2016/07/11 10:20
Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.

The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.

Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.

The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.


Court orders release of Chicago police disciplinary records
Topics in Legal News | 2016/07/05 10:21
An Illinois appeals court on Friday vacated an injunction obtained by the Chicago police union that barred the city's release of disciplinary files dating back decades.

The Fraternal Order of Police sued to block the release after a March 2014 appellate court ruling that documents dating back to 1967 should be made public. Several news outlets had requested the records.

As a result of the 2014 ruling, the Invisible Institute, a nonprofit journalism organization, obtained 11 years of records and published an interactive database of police misconduct.

Last year, Cook County Circuit Judge Peter Flynn issued an injunction based a clause in the union's bargaining contract requiring the destruction of public records after four years. The union also claimed releasing the documents would unfairly harm the officers named in the citizen complaints.

The union contends police officers are susceptible to false complaints, and reports that go unsubstantiated should not have an indefinite shelf life. The city of Chicago appealed the injunction.

In its ruling Friday, the appeals court confirmed the records must be released under Freedom of Information Act laws. The court also ruled the union contract clause requiring the destruction of disciplinary records after four years was "legally unenforceable" because it conflicted with the state's public records law.

FOP President Dean Angelo Sr. declined to comment on the ruling, saying he had not yet read it.


Bahrain court more than doubles opposition leader's sentence
Topics in Legal News | 2016/05/31 13:52
A Bahraini appeals court on Monday more than doubled the prison term for the country's top Shiite opposition figure in a ruling that his political bloc blasted as "unacceptable and provocative."

Sheikh Ali Salman now faces nine years behind bars, up from an earlier four, following his conviction last year on charges that included incitement and insulting the Interior Ministry.

Salman is the secretary-general of Al-Wefaq, the country's largest Shiite political group. He was a key figure in Bahrain's 2011 Arab Spring-inspired uprising, which was dominated by the island nation's Shiite majority and sought greater political rights from the Sunni monarchy.

Authorities crushed the initial uprising in a matter of weeks with help from Saudi Arabia and the United Arab Emirates. Localized protests continue in Shiite communities, with young activists frequently clashing with police.

Occasional small bomb attacks have killed police officers in the country, which hosts the U.S. Navy's 5th Fleet.

The case against Salman relates to speeches he gave between 2012 and 2014, though Al-Wefaq has said his words were taken out of context. He was convicted and sentenced by a lower court in June.

Both sides appealed that verdict, with the court ruling Monday in favor of the prosecution while rejecting Salman's appeal, according to a statement carried by the official Bahrain News Agency.


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