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Appeals court upholds order against Pence on Syrian refugees
Attorney News | 2016/10/02 19:19

A federal appeals court has upheld a lower court's order blocking Indiana Gov. Mike Pence from barring state agencies from helping Syrian refugees resettle in the state.

A three-judge panel for the 7th U.S. Circuit Court of Appeals in Chicago on Monday agreed with an injunction a federal judge issued in February. The judge found Pence's directive "clearly discriminates" against refugees from the war-torn nation.

The appeals court says federal law doesn't allow a governor "to deport to other states immigrants he deems dangerous."

Donald Trump's running mate, Pence, was among dozens of governors from mostly Republican states who tried to block Syrian refugees after the Paris terror attacks last November.



Suspected people smuggler charged in Australian court
Attorney News | 2016/09/29 19:34

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 cites racial profiling in tossing gun charge
Attorney News | 2016/09/25 05:14

The highest court in Massachusetts on Tuesday threw out a gun conviction against a Boston man in a ruling that says black men who flee when approached by police may be reacting to racial profiling rather than trying to hide criminal activity.

In its ruling, the Supreme Judicial Court found that Boston police had "far too little information" to stop Jimmy Warren after seeing him and another black man walking in Boston's Roxbury neighborhood about 30 minutes after they received a report of a home break-in in 2011.

Police had received only a vague description of three black males wearing dark clothing and hooded sweatshirts seen leaving the home. Warren ran when police approached him. After a foot chase, an officer arrested him in a backyard. He was charged with unlawful possession of a firearm after a handgun was found on the front lawn.

The SJC found that police did not have a reasonable suspicion to stop Warren and his friend, noting that an officer's hunch is not enough. The court cited a report by the Boston Police Department that found black men were disproportionately stopped and frisked by Boston police between 2007 and 2010. The court said black men in Boston who flee when approached by police does not necessarily indicate that they are guilty of a crime.



Pakistan court adjourns case of British woman's murder
Attorney News | 2016/09/17 22:19

A Pakistani court on Saturday adjourned the case of a British-Pakistani woman's murder until Sept. 23 to give police more time to finalize charges against her father and ex-husband, who are accused of slaying her in the name of honor, police and lawyers said.

Police brought both men before the court in Jhelum as they covered their faces. They avoided most questions from journalists. However, when pressed, the woman's father, Mohammad Shahid, told reporters that the accusations are "all lies."

"The police arrested me, police charged me, you go to police station and check my report, check my statement," Shahid said.

The death of 28-year-old Samia Shahid has shocked the nation as the latest alleged case of so-called "honor killings" in Pakistan. The Bradford native's death while visiting Pakistan in July was originally declared to be from natural causes.

But Shahid's second husband, Mukhtar Kazim, publicly accused her family of killing her. The case was reopened and a police probe quickly concluded that Shahid's death was a "premeditated, cold-blooded murder," according to a police statement.

Police allege that Mohammed Shahid stood guard while his daughter's ex-husband, Mohammed Shakeel, raped her. The men then both strangled her, according to police.

Defense lawyer Mohammed Arif dismissed the police allegations as a baseless, saying his clients have been wrongly accused. He said he will appeal another court's recent rejection of bail for Mohammed Shahid.



High court temporarily blocks subpoena over sex ads
Attorney News | 2016/09/10 06:30

Supreme Court Chief Justice John Roberts on Tuesday temporarily blocked a congressional subpoena that seeks information on how the classified advertising website Backpage.com screens ads for possible sex trafficking.

The order came hours after Backpage CEO Carl Ferrer asked the high court to intervene, saying the case threatens the First Amendment rights of online publishers.

A federal appeals court ruled 2-1 on Friday that the website must respond to the subpoena within 10 days. Roberts said Backpage does not have to comply with the appeals court order until further action from the Supreme Court. He requested a response from the Senate Permanent Subcommittee on Investigations by Friday.

The Senate panel has tried for nearly a year to force Backpage to produce certain documents as part of its investigation into human trafficking over the Internet.

After the website refused to comply, the Senate voted 96-0 in March to hold the website in contempt. The vote allowed the Senate to pursue the documents in federal court, marking the first time in more than two decades that the Senate has enforced a subpoena in court.

A federal district judge sided with the Senate last month, rejecting arguments that the subpoena was unconstitutional, overly broad and burdensome. The U.S. Court of Appeals for the District of Columbia Circuit agreed.


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