Monday, February 3, 2014
Pakistan court dismisses Musharraf medical request
A Pakistani court hearing the case against former military ruler Pervez Musharraf on charges of high treason rejected Friday a request that he be allowed to go abroad for treatment, his lawyer and a court official said.
Instead, they said, it issued an arrest warrant for the retired general. But the warrant is "bailable" — meaning he can avoid jail by applying for bail and depositing a bond of 2.5 million rupees (about $20,000). The court said it didn't have the authority to remove his name from the exit control list which restricts him from going abroad.
While Musharraf can't leave the country, it's unlikely he would actually end up in handcuffs immediately and still unclear whether he will ever appear in court — a scene that could be humiliating not just to Musharraf, but to the country's politically powerful military.
The judges' decision is the latest in the legal battles that Musharraf has faced ever since returning to his homeland in March 2013 to take part in the country's elections. Instead of returning to a hero's welcome, he was almost immediately hit with a barrage of cases, threats from the Pakistani Taliban and was disbarred from running in the election.
A lawyer for Musharraf, Mohammed Ali Saif, said the judges ruled that Musharraf must appear in court on Feb. 7.
"We are of the view that no reasonable excuse has been offered to justify the failure of the accused to appear before the court, there is no alternate except to issue a bailable warrant of arrest for the accused," said the court registrar Abdul Ghani Soomro, reading from the court's decision.
Musharraf seized power in a 1999 coup, but became deeply unpopular and was forced to step down in 2008. He later left the country. The high treason case stems from his 2007 decision to impose a state of emergency and detain judges.
Monday, January 6, 2014
Ohio courts must report mental health info
Courts in Ohio must now report certain mental health information about people convicted of violent crimes for inclusion in a law enforcement database.
A rule approved by the Ohio Supreme Court requiring that notification took effect Jan. 1. The court devised the form to be submitted to law enforcement after legislation was approved last year.
The law requires judges to report ordering mental-health evaluations or treatment for people convicted of a violent crime or approving conditional release for people found incompetent to stand trial or not guilty by reason of insanity.
The legislation was introduced after a Clark County sheriff's deputy was fatally shot in 2011 by a man with a criminal history who was conditionally released from a mental health institution.
Friday, December 20, 2013
Judge ousts defendant twice from Guantanamo court
The military judge presiding over the Sept. 11 war crimes tribunal at Guantanamo ejected one defendant from the courtroom twice Tuesday for speaking out of turn, adding a bit of drama to an otherwise dry pretrial motions hearing at the U.S. naval base in Cuba.
Ramzi Binalshibh, one of five Guantanamo prisoners charged with orchestrating the Sept. 11 terrorist attack, refused repeated warnings to stop trying to address the judge about what he claims are efforts by guards to keep him awake at night with banging sounds inside his cell.
But the judge, whose courtroom was repeatedly disrupted when the defendants were arraigned in May 2012, was having none of it. Army Col. James Pohl ordered troops to remove Binalshibh and place him in a holding cell.
Then the same scene repeated itself in the afternoon session, and the judge warned it would happen again if the defendant tried again on Wednesday. "If he is disruptive he will be escorted from the courtroom," Pohl told the lawyers for Binalshibh.
He also said he was concerned that the prisoner might shout out classified information, prompting courtroom censors to cut the sound. "I don't know what he'll say," he said.
Both removals occurred as the judge asked Binalshibh if he understood he has the right to be absent from the remainder of the pretrial motions hearing this week. The four other defendants also answered in the affirmative.
Binalshibh used the question as an opportunity to repeat claims that prison authorities use sounds and vibrations to keep him awake at night inside Camp 7, the high-security section of Guantanamo where he and the other defendants in the Sept. 11 case are held. Prosecutors say they have looked into the matter and were assured that no noises are being made.
Wednesday, November 6, 2013
Federal appeals court halts horse slaughterhouses
A federal appeals court on Monday temporarily halted plans by companies in New Mexico and Missouri to begin slaughtering horses, continuing on-again, off-again efforts to resume domestic equine slaughter two years after Congress lifted a ban on the practice.
The 10th U.S. Circuit Court of Appeals in Denver issued a temporary injunction barring the Department of Agriculture from inspecting the plants, which were gearing up to open in the coming days after a federal judge in Albuquerque on Friday dismissed a lawsuit by The Humane Society of the United States. The Humane Society and other animal protection groups alleged the department failed to conduct proper environmental studies when it issued permits to the slaughterhouses.
The Humane Society filed an immediate appeal and won an emergency injunction.
"Horse slaughter is a predatory, inhumane business, and we are pleased to win another round in the courts to block killing of these animals on American soil for export to Italy and Japan," said Wayne Pacelle, president and CEO of The Humane Society of the United States. "Meanwhile, we are redoubling our efforts in Congress to secure a permanent ban on the slaughter of our horses throughout North America."
Blair Dunn, who represents Valley Meat Co. of Roswell, N.M., and Rains Natural Meats of Gallatin, Mo., emphasized the order was temporary.
Friday, October 4, 2013
Court favors Abercrombie in Okla. suit over hijab
A federal appeals court has dismissed claims by an Oklahoma woman who says she wasn't hired by Abercrombie & Fitch because her headscarf conflicted with the retailer's dress code, which has since been changed.
A federal judge initially sided with the Equal Employment Opportunity Commission, which filed the lawsuit on behalf of Samantha Elauf. The EEOC alleged that Elauf wasn't hired in 2008 at an Abercrombie store in Tulsa's Woodland Hills Mall because her hijab violated the clothing retailer's "Look Policy."
The 10th U.S. Circuit Court of Appeals reversed that decision Tuesday. The court said Elauf never told Abercrombie she needed a religious accommodation, even though she was wearing the headscarf during her interview.
The Ohio-based company changed its policy three years ago. It recently settled similar lawsuits in California.
Thursday, September 5, 2013
Teen charged with killing principal in court
A Memphis teen charged with fatally stabbing his high school principal two years ago is scheduled to make a court appearance.
The lawyer for 18-year-old Eduardo Marmolejo said last month that he's optimistic the case against his client will be resolved at a hearing Tuesday.
Marmolejo was 16 when he was charged with first degree murder in the August 2011 stabbing of 49-year-old Suzette York, his principal at Memphis Junior Academy. A juvenile court judge decided in September 2011 that Marmolejo's case should be moved to adult court. The teen has pleaded not guilty.
Investigators say Marmolejo planned the killing for months. York's body was found in a pool of blood in a classroom.
Defense lawyer Leslie Ballin and prosecutors have been discussing a plea deal.
Thursday, June 27, 2013
Law Office of Rita O. White - Criminal Law Attorney
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