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Pakistan court adjourns case of British woman's murder
Law Firm Press Release | 2016/09/17 15:07
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.





Court rules man treated for mental illness can have a gun
Law Firm Blog News | 2016/09/15 15:07
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.


Appeals court orders judge to expunge woman's convictions
Top Court Watch | 2016/09/13 15:07
A state appeals court has overruled a western Indiana judge and ordered him to expunge a woman's convictions despite his disgust for her crimes.

The Indiana Court of Appeals ruled 2-1 last week that Jay Circuit Judge Brian Hutchison must expunge the convictions of 35-year-old Mindy M. McCowan of Dunkirk for forgery in 2003 and for dealing methamphetamine in 2004.

The ruling said McCowan was released from prison in 2007 and completed probation in 2010. She has since maintained employment and earned an associate's degree and professional certifications.

The Star Press reports Hutchison declined to expunge the convictions last November, saying he has drug cases before him every day and he wasn't "doing favors for people who are causing these problems in Jay County."



LA Supreme Court considers teen robber’s 99-year sentence
Law Firm Press Release | 2016/09/12 15:07
Louisiana’s Supreme Court is considering whether recent U.S. Supreme Court rulings about juveniles convicted of murder mean a juvenile robber’s 99-year sentence is unconstitutional.

Alden Morgan is now 35. He was 17 years old when he held up a couple with their baby daughter.

The New Orleans Advocate reports that several justices noted that his punishment is much higher than the nation’s highest court would have allowed for second-degree murder.

The U.S. Supreme Court has found it unconstitutional to execute juveniles, to give them life sentences for most crimes, and — except in rare cases — to deny them a chance at parole for most killings.

Morgan’s case appears to be the first time that Louisiana’s high court has considered how those rulings may affect sentences for lesser offenses.



Sotomayor calls job on high court blessing and curse
Law & Court News | 2016/09/12 03:19
Serving on the U.S. Supreme Court has been both a blessing and a curse and reaching decisions is harder than she ever expected, Justice Sonia Sotomayor said Thursday during a visit to the University of Wisconsin-Madison.

The court's first Hispanic justice told a packed campus theater that said she still marvels that she holds her position, noting she sits so close to the president at State of the Union addresses she can almost touch him. But the job comes with a heavy burden because every decision the court makes affects so many people and each ruling creates losers, she said, recalling moments in court where losing litigants have wept.

"I never forget that in every case, someone wins, and there's an opposite. Someone loses. And that burden feels very heavy to me," Sotomayor said. "I have not anticipated how hard decision-making is on the court. Because of that big win and lose on the court and we are affecting lives across the country and sometimes across the world, I'm conscious that what I do will always affect someone."

Sotomayor spoke for about an hour and a half, wandering up and down the theater's aisles and shaking hands with people as she answered questions from a pair of her former law clerks sitting on stage. She warned the audience that she couldn't talk about pending cases and the clerks never asked her about the Senate refusing to hold a hearing or vote on Judge Merrick Garland's nomination to replace the late Antonin Scalia as the court's ninth justice. The clerks instead gave her general questions about her experiences and thought processes. She kept her answers just as general.



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