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Pakistan court dismisses Musharraf medical request
Court Watch |
2014/02/03 22:48
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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. |
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Supreme Court Upholds Hawaii Reapportionment
Court Watch |
2014/01/24 21:14
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The Supreme Court has upheld Hawaii's reapportionment plan that leaves out some military personnel and students when calculating population and determining state legislative districts.
The justices affirmed a lower court ruling without comment Tuesday.
Voters challenging the reapportionment plan said it wrongfully excluded more than 108,000 military members, their families and university students. But a three-judge court in Hawaii found that the plan did not violate the Constitution's right to equal protection.
The case is Kostick v. Nago, 13-456. |
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Court: Feds can target California pot clinics
Court Watch |
2014/01/16 21:52
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An appeals court Wednesday affirmed the federal government's long-standing policy that California medical marijuana dispensaries have no protection under state law from drug prosecutions.
The 9th U.S. Circuit Court of Appeals ruled Wednesday that three California dispensaries, their customers and their landlords are barred from using a state law allowing marijuana use with a doctor's recommendation as a shield from criminal charges and government lawsuits. All uses of marijuana are illegal under the federal Controlled Substances Act, also known as the CSA, even in states that have legalized pot.
The ruling upholds three lower court decisions and follows previous rulings by federal appeals courts and the U.S. Supreme Court.
The 9th Circuit panel conceded that medical marijuana use is more accepted now than several years ago when it made a similar ruling. But it said the new legal challenges didn't raise any new arguments that would trump federal law. |
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OJ Simpson appeal to Nevada court due in April
Court Watch |
2014/01/13 22:13
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O.J. Simpson's lawyers have been given until mid-April to file their written Nevada Supreme Court appeal for a new trial for the former football star in his Las Vegas armed robbery case, Simpson attorney Patricia Palm said this week.
A state high court order on Dec. 20 set a 120-day schedule for Simpson's claim that his fame stemming from his 1995 acquittal in Los Angeles in the deaths of his ex-wife and her friend meant he couldn't get a fair trial in Las Vegas, and that his trial lawyer botched his case.
The order voided a Monday deadline for what would have been expedited high court review.
Palm said she and Simpson attorneys Ozzie Fumo and Tom Pitaro were encouraged that the seven-member Supreme Court agreed to accept a 30-page appeal.
The full seven-member court has not decided whether to hear oral arguments.
Simpson, 66, already lost an initial appeal to the state Supreme Court, the only appeals court in Nevada.
He's in the fifth year of a nine-to-33 years prison sentence after a jury found him guilty of kidnapping, armed robbery and other charges for leading a group of armed men in a September 2007 confrontation with two sports memorabilia dealers at a Las Vegas casino hotel.
One co-defendant who stood trial and was convicted with Simpson and four former co-defendants who pleaded guilty to felonies before trial and testified against Simpson have served prison time and gone free. Simpson won't be eligible for parole until he is 70.
Clark County District Court Judge Linda Marie Bell held five days of hearings last May before ruling Nov. 26 that Simpson's trial attorney, Yale Galanter, made errors during Simpson's 2008 trial and his initial appeal to the state Supreme Court. |
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4 suspects in NJ mall carjacking plead not guilty
Court Watch |
2014/01/10 22:47
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Four men charged in the fatal carjacking of a young lawyer outside an upscale New Jersey mall pleaded not guilty Wednesday to felony murder and other charges.
Hanif Thompson, 29, of Irvington, and Newark residents Karif Ford, 31, Basim Henry, 32, and Kevin Roberts, 33, are accused in the Dec. 15 carjacking and killing of Dustin Friedland outside The Mall at Short Hills.
The four men were arraigned Wednesday on charges of murder, felony murder, carjacking, conspiracy, possession of a weapon and possession of a weapon for unlawful purpose. Their public defenders entered not-guilty pleas for them.
A state Superior Court judge in Newark continued their bail at $2 million each. The four have been in custody since their arrests about a week after the shooting.
Friedland, a 30-year-old lawyer from Hoboken, was killed while returning to his car in the mall parking garage with his wife after a shopping trip, authorities said. The carjackers confronted the couple and Friedland was shot in the head, authorities said. His wife was unharmed. |
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