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Pakistani court orders probe into ex-minister’s arrest
Attorney Blogs | 2022/05/23 16:34
A court in Pakistan’s capital has ordered an investigation into the controversial arrest of a former human rights minister over a decades old land dispute.

Chief Justice Ather Minallah of the Islamabad High Court late Saturday ordered the probe in response to a petition from the daughter of former minister Shireen Mazari.

Minallah questioned the decision by officials in Islamabad to allow police from a Punjab provincial district to make the arrest in the capital.

Mazari, who served in the Cabinet-level position under former Prime Minister Imran Khan, had been detained by police near her Islamabad home earlier in the day.

Fawad Chaudhry, former information minister in Khan’s administration, alleged that Mazari — the senior leader in Khan’s Pakistan Tehreek-e-Insaf party — had been politically targeted by the new administration of Prime Minister Shahbaz Sharif under the guise of a land dispute dating back to 1972.

Hours after Mazari’s arrest, Chief Minister of Punjab province Hamza Shahbaz ordered her release and late Saturday she was brought to the Islamabad court for an urgent hearing. She was then released.

Mazari has been critical of Sharif’s government on Twitter since Khan’s government was toppled in a no-confidence vote in Parliament last month. Khan’s party lawmakers resigned from the body’s lower house in protest and Khan is mobilizing supporters through public rallies across the country to pressure the government into an early election.


Israel high court suspends Palestinians’ evictions for now
Attorney Blogs | 2022/03/02 21:04
Israel’s Supreme Court on Tuesday ruled that a group of families slated for eviction from a flashpoint east Jerusalem neighborhood can remain in their homes for the time being.

The ruling could work to ease tensions in Jerusalem’s Sheikh Jarrah neighborhood, which helped ignite the 11-day war between Israel and Hamas in Gaza last year.

The court ruled that the families can stay in their homes for now until Israel carries out a land arrangement, a process that could take years or may not be carried out at all, according to Ir Amim, an advocacy group that was not involved in the court case.

For the time being, the four families residing in the homes will be recognized as protected tenants. Each will deposit a largely symbolic rent amounting to $62 a month to a trust, until the property’s ownership is settled.

Sami Arsheid, a lawyer representing the families’ case before the court, said the decision was “something huge” that ran counter to the previous 63 rulings by Israeli courts on the issue of Palestinian properties in Sheikh Jarrah.


Maryland’s highest court reviewing teen sniper’s life term
Attorney Blogs | 2021/08/30 00:58
Maryland’s highest court has agreed to take up the case of Lee Boyd Malvo, who is serving life in prison for his role in the 2002 sniper spree that terrorized the Washington, D.C., region.

Malvo’s lawyers argue that his punishment goes against a 2012 Supreme Court ruling barring mandatory life sentences without parole for juvenile offenders and Malvo should benefit from Maryland’s new law enabling prisoners convicted as juveniles to seek release once they’ve served at least 20 years.

The state Court of Appeals granted a “bypass” review in Malvo’s case and that of two others serving life sentences for crimes committed as youths, news outlets report. The order issued Wednesday scheduled oral arguments to begin in January.

Malvo was 17 when he and John Allen Muhammad embarked on a killing spree that left 10 people dead and three wounded in Maryland, Virginia and the District of Columbia. Others were killed as the pair made their way to the D.C. region from Washington state. Muhammad was executed in 2009.

Malvo has claimed that the six life-without-parole terms he received in Maryland are illegal in light of U.S. Supreme Court decisions saying mandatory life-without-parole sentences are unconstitutional for juveniles except in rare cases.

His case may have new standing after Maryland’s General Assembly abolished life without parole for youths, overriding a veto by Gov. Larry Hogan. Virginia passed similar legislation last year. That change prompted Malvo to drop a legal appeal that had gone to the Supreme Court to determine if his life sentence should be rescinded.


US to get 9th justice with Dems powerless to block Barrett
Attorney Blogs | 2020/10/27 23:33
A divided Senate is set to confirm Amy Coney Barrett to the Supreme Court, giving the country a ninth justice Monday as Republicans overpower Democratic opposition to secure President Donald Trump’s nominee the week before Election Day.

Democratic leaders asked Vice President Mike Pence to stay away from presiding over her Senate confirmation due to potential health risks after his aides tested positive for COVID-19. But although Pence isn’t needed to break a tie, the vote would present a dramatic opportunity for him to preside over confirmation of Trump’s third Supreme Court justice.

Senate Democratic leader Chuck Schumer and his leadership team wrote that not only would Pence’s presence violate Centers for Disease Control and Prevention guidelines, “it would also be a violation of common decency and courtesy.”

But Senate Republicans control the chamber and Barrett’s confirmation isn’t in doubt.  Senate Majority Leader Mitch McConnell scoffed at the “apocalyptic” warnings from critics that the judicial branch was becoming mired in partisan politics as he defended its transformation under his watch.

“This is something to be really proud of and feel good about,” the Republican leader said Sunday during a rare weekend session.

McConnell said that unlike legislative actions that can be undone by new presidents or lawmakers, “they won’t be able to do much about this for a long time to come.”

Schumer, of New York, said the Trump administration’s drive to install Barrett during the coronavirus crisis shows “the Republican Party is willing to ignore the pandemic in order to rush this nominee forward.”

To underscore the potential health risks, Schumer urged his colleagues Sunday not to linger in the chamber but “cast your votes quickly and from a safe distance.” Some GOP senators tested positive for the coronavirus following a Rose Garden event with Trump to announce Barrett’s nomination, but they have since said they have been cleared by their doctors from quarantine. Pence’s office said the vice president tested negative for the virus on Monday.

The confirmation was expected to be the first of a Supreme Court nominee so close to a presidential election. It’s also one of the first high court nominees in recent memory receiving no support from the minority party, a pivot from not long ago when a president’s picks often won wide support.


DeSantis picks female Cuban-American for state's high court
Attorney Blogs | 2019/01/11 07:12
With the first of his three picks for the Florida Supreme Court, Republican Gov. Ron DeSantis on Wednesday chose a female Cuban-American appellate judge to become the state's newest justice. Barbara Lagoa, for the past 12 years a judge on the 3rd District Court of Appeal in Miami, was introduced by DeSantis at an event at Miami's Freedom Tower. The site is highly symbolic for Cuban-Americans because so many immigrants who fled the communist reign of Cuban leader Fidel Castro were processed into the U.S. through that building.

"In the country my parents fled, the whim of a single individual could mean the difference between food and hunger, liberty or prison, life or death," Lagoa said. "Unlike the country my parents fled, we are a nation of laws."

DeSantis, who just took office on Tuesday, said Lagoa, 51, has an impeccable judicial background and that her Cuban-American upbringing gives her extra appreciation for the rule of law. He noted that she has considered more than 11,000 cases and written 470 legal opinions.

"She has been the essence of what a judge should be" the governor said. "She understands the rule of law, how important that is to a society."

Lagoa, who grew up in the heavily Cuban-American suburb of Hialeah, attended Florida International University and Columbia University law school where she was associate editor of the Columbia Law Review. She also is a former federal prosecutor in Miami. Her father-in-law is Miami senior U.S. District Judge Paul C. Huck and her husband, Paul C. Huck Jr., is a prominent Miami attorney.


S. Korea court upholds conscientious objection to military
Attorney Blogs | 2018/11/01 13:18
South Korea's top court ruled Thursday that South Korean men can legally reject their mandatory military service on conscientious or religious grounds without punishment.

The landmark ruling is expected to affect the cases of more than 930 conscientious objectors on trial. Hundreds of young South Korean men, mostly Jehovah's Witnesses, are imprisoned every year for refusing to serve in the military.

All able-bodied South Korean men must serve about two years in the military under a conscription system aimed at coping with potential aggression from North Korea. The court broke with its own 2004 verdict that rejecting military service because of religious faith was illegal, saying at the time that confrontation with the North made South Korea's draft an indisputable necessity.

The ruling was great news for Jehovah's Witnesses and others who call for improved individual rights and freedom of opinion in South Korea. But many conservatives are likely to criticize it, saying it inadequately considers the North Korean threat.

When South Korea's Constitutional Court ruled in June that the government must provide alternative social service for conscientious objectors by 2019, a heated debate erupted over whether it is the proper time for such a measure because North Korea's nuclear threat remains unchanged. There are also worries that some might exploit alternative service to evade the draft.

On Thursday, the Supreme Court said it quashed a lower court's sentencing of a conscientious objector to 18 months in prison. It said it ordered the lower court to review its earlier verdict. Supreme Court officials said there is little chance the lower court would not abide by the decision.

The majority opinion of a panel of Supreme Court judges is that "conscientious objection of military duty ... can be a valid reason" to avoid military service, the top court said in a statement.

"Forcing a military duty ... with criminal punishment or other punitive measures is an excessive restraint of freedom of conscience," the majority opinion read. "Free democracy can have its legitimacy when it tolerates and embraces minorities though it is run by the principle of majority rule."

Supreme Court officials said lower courts are not officially required to make the same ruling when they handle other cases of conscientious objections, but they are widely expected to do so.

Since the 1950-53 Korean War, South Korea has sent about 19,350 Jehovah's Witnesses to prison for refusing to serve in the military. In recent years, about 500-600 Jehovah's Witnesses went to prison every year and spent 18 months behind bars on average. According to the group and the Supreme Court, Thursday's ruling won't apply to 96 Jehovah's Witnesses currently in prison.


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