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MaximsNewsNetwork: TORTURE, HUMAN RIGHTS & UN WORLD COURT (UNTV)

MaximsNewsNetwork: 10 March 2010 - UNTV: United Nations, Geneva - The United Nations (UN) Human Rights Council's Special Rapporteur on Torture Manfred Nowak said that almost no country can claim to have eliminated torture in law and in practice. Speaking to journalists in Geneva, Nowak called for the establishment of a World Court of Human Rights. This, he said could provide redress for victims of human rights violations including detainees. He added that it would be more effective than current UN systems where treaty bodies have no power to hand down binding decisions. Replying to questions, Nowak expressed concern about the fate of Chinese lawyer Gao Zhisagn, whom he met during a mission to China and whose current whereabouts are unknown. The UN expert said he had received no clear answers about Gao despite repeated appeals to the Chinese authorities for information. Asked about the United States record on torture, he said he had no evidence that the interrogation techniques used by the Bush administration had been continued under the Obama administration, nor was there evidence of secret places of detention. He regretted the failure to close Guantanamo Bay but attributed it to obstruction by the US Congress and the lack of assistance from European countries in accepting detainees. Nowak called for an investigation into the torture methods used by the former American government. Nowak is serving his fifth and final year as the Special Rapporteur on Torture ...



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www.bataraimmigrationlaw.com San Bernardino and Riverside Immigration Lawyer shows the different paths to getting a green card and earning lawful permanent resident status. Based on 16 years of experience as an immigration attorney, Carlos Batara talks about the five paths immigrants can follow to live and work legally in the US, including sometimes having to win deportation trials or immigration appeals.



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Legal troubles? Turn to someone you can trust. Attorney Jaye Mendros of Oklahoma City has years of experience fighting for her clients. Whether it's criminal matters like DUIs, drugs, homicide, appeals, or an expungement of your record, she is dedicated to defending your rights and bringing you positive resolution. For aggressive legal representation, there is no better lawyer. Visit us www.yellowpages.com



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Arenstein and Gallagher - Appeals

Visit www.billgallagherlaw.com or call 513-275-4488 to speak with an experienced Ohio criminal defense attorney. If you have been convicted of a criminal offense, you may be interested to know your legal rights to appeal. This video reviews the appeals process, and your legal rights.



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Appeals & Post-Conviction Litigation

White collar crimes - There are significant opportunities for obtaining redress in the appeal/post-conviction process. Generally, a notice of appeal must be filed within ten days of the entry of the sentencing order. After notice of appeal is filed, the record must be requested from the court reporter. The record includes all of the documents filed with the clerk's office in the case, as well as a verbatim transcript of all trial and other hearing testimony. The defendant is required to pay the cost of production of the transcript or record of trial. When the transcript or record is produced, it is filed with the district clerk and forwarded to the appropriate circuit court of appeals. Shortly after receipt of the record, the court of appeals will issue a briefing notice to the attorney for the appellant (previously defendant).

The appellant's brief is a written document that contains all requested relief, and arguments in support of relief requested. The appellant files the brief with the circuit court of appeals and serves a copy on the federal prosecutor's office. The federal prosecutor has a limited number of days from receipt of the brief to submit his or her response. When the prosecutor submits his or her response, he or she is required by the Rules of Procedure to serve a copy upon the appellant's counsel, and appellant's counsel has to submit a short reply brief. In some cases, after receipt of all the briefs, the circuit court will set the case for oral argument and will decide the case after hearing such argument. In other cases, the circuit court will make its decision based only on the briefs filed.

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If the relief requested in the circuit court is not obtained, there is the option of proceeding to the Supreme Court on a writ of certiorari. However, it is important to understand that the Supreme Court reviews a very small percentage of the cases presented to it for this discretionary form of review.

Appeals & Post-Conviction Litigation

After the appeals process has run its course, the writ process is an avenue for obtaining redress. After the circuit court rules denying relief requested or the Supreme Court denies discretionary review, a defendant/appellant has the opportunity to file in the district court a petition for writ of habeas corpus arguing that constitutional rights were violated during the trial. The district court reviews the petition for writ of habeas corpus and any determination by the district court is subject to review at the circuit court at appellant level as well.

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Appeals & Post-Conviction LitigationMinecraft - Part 1: How to Survive the First Night Tube. Duration : 10.08 Mins.

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Henry Dahut is an attorney and marketing strategist who works with some of the largest law firms in the world. He is the author of the best selling practice development book, "Marketing The Legal Mind" and offers consulting services in the area of strategic branding and law firm marketing. Henry is also the founder of the legal online help-portal http://www.GotTrouble.com - the award winning site that helps people through serious legal and financial trouble.

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Legal Solutions - Married To A Criminal Lawyer

A woman calls saying her wedding was in 2006 and after 6 months she called her husband over to the UK. After 1 year, 4 months she found out when going India, with the holidays booked, her husband said he didn't want to go India as his passport was inbounded with a criminal charge from India. When he renewed his passport, he didn't declare this. He received this information notice to his house but he didn't show it to her all these years. So we had arguments, to which Harjap says they were bound to happen. After 2 months, he went to India and came back and said everything is clear. I decided I didn't want to stay with this criminal and applied for a divorce. After this, he caused problems and I didn't know his whereabouts. He was a solicitor, working in Croydon but he never told his address. She continues by saying she got his address from his Uncle and sent divorce letters to India and his employers. He didn't acknowledge the divorce application and the judge gave him 7 days. He then replied saying he wanted to defend the divorce, saying it was unreasonable. He sent a long letter to the judge and asked for the marriage to be resolved and another opportunity. She said she don't want to live with him and the problem is that his visa is has finished. She then realised that he got a student visa from somewhere. Harjap asks who told you that he has a student visa. The woman says he is at Birmingham University. Harjap says this doesn't mean he has a student visa. She says I don ...



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Los Angeles Criminal Defense Attorney

Los Angeles Attorney Barry Bernstein talks about why he chose to become a criminal defense lawyer. The Law Office of Barry O. Bernstein handles all serious felony criminal charges including murder, drug crimes, violent crimes, white collar crimes, sex crimes and more. Mr. Bernstein represents clients in Los Angeles, Orange, Riverside, San Bernardino and Ventura counties. You can contact Barry Bernstein at www.LawCrime.com or by calling (888) 333-4447.



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Mike speaks at a campaign stop in American Fork,Utah on January 8, 2010. For more information, please visit www.mikelee2010.com Mike Lee is a scholar and passionate defender of the Constitution. He has spoken to thousands of people about the importance of and the need to preserve the Constitution. Everything from the Due Process Clause to the Presentment Clause was discussed around the Lee family's dinner table, almost in the same way many families talk about the weather, school, or the day's events. As a result, at a very young age Mike acquired a great love of and admiration for the Constitution and for the principles it is based on. After graduating from Law School in 1997, he served as a law clerk to Judge Dee Benson of the US District Court for the District of Utah. Following his time with Judge Benson he clerked for then-Judge Samuel A. Alito, Jr., who was serving at that time on the US Court of Appeals for the Third Circuit Court. From there he went into private practice, joining the Washington, DC office of Sidley & Austin, where he specialized in appellate and Supreme Court litigation. Several years later, Mike returned to Utah after being invited to serve as an Assistant US Attorney in Salt Lake City, preparing briefs and arguing cases before the US Court of Appeals for the Tenth Circuit. He served as Governor Huntsmans General Counsel from January 2005 until June 2006, when he returned to Washington to serve a one-year clerkship at the US Supreme Court with ...



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Supreme Court upholds damage awards for Charter Rights breaches

In 2002, Vancouver lawyer Alan Cameron Ward was arrested and strip-searched after police mistakenly believed he intended to throw a pie at then-Prime Minister Jean Chretien. Ward sued the city and provincial governments. The trial judge ruled that the city and province violated Ward's charter right to be free from unreasonable search and seizure. After a lengthy appeals process by the governments, the case went to the Supreme Court of Canada. On July 23, 2010 -- about eight years after the initial incident occurred -- the Supreme Court ruled that Canadians can receive monetary damages when their Charter Rights are violated, even if there has been no misconduct by authorities. Victoria-based personal injury lawyer Erik Magraken is a partner at The MacIsaac Group. He explains how Ward v. British Columbia will affect the public. Erik Magraken: What the Ward case does is it creates a new type of lawsuit: it permits people to sue the government and be awarded financial damages for constitutional wrongs. That's something that's unique. There's nothing new about being able to sue the government, but being awarded money simply for having your Charter rights violated is what's new. What it means is that there's a new avenue for people who've had their Charter rights breeched; there's a new recovery for them. It also means that the government has more incentive to take peoples' Charter rights seriously because it could hit them in the pocketbook. In the ruling, Chief Justice ...



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Sioux Falls South Dakota Attorneys Law Firm of Wilka and Welter, LLP

Visit wilkaandwelterlaw.com Law partners, John M. Wilka and Mark James Welter, have over 40 years of combined legal experience. They are experienced, aggressive and accomplished. We built our practice on relentlessly pursuing justice for our clients, says Welter. Our goal is to prepare every case as if it is going to trial. The firm meticulously strives to give clients premier legal service throughout their case. With only two attorneys each client is given the personal attention and focus that their case deserves. Wilka and Welter focus their practice in personal injury and workers' compensation injury cases, criminal defense, family law, and civil litigation. John Wilka has lived in Sioux Falls his entire life. John has tried hundreds of cases in his 20 years of trial law and his experience speaks for itself. Mark Welter has lived in South Dakota his entire life. Mark worked for two years as a law clerk for the US District Court, District of South Dakota, Southern Division. Mark then worked for 15 years in a large insurance defense law firm, where as a partner he represented insurance companies and successfully tried many personal injury and worker' compensation cases, and handled many injury appeals. Mark brings that invaluable experience and knowledge with him, which gives Wilka and Welter an advantage of which few law firms can boast. Mark blends his knowledge, skill, experience, tenacity, and compassion to win justice and compensation for individuals and the ...



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Mike Lee | Thanks, But No Thanks | Draper, Utah (Part 14)

US Senate Candidate Mike Lee lectures on the Constitution to a gathering in Draper, Utah. For more information, please visit www.mikelee2010.com MikeLee is a scholar and passionate defender of the Constitution. He has spoken to thousands of people about the importance of and the need to preserve the Constitution. Everything from the Due Process Clause to the Presentment Clause was discussed around the Lee family's dinner table, almost in the same way many families talk about the weather, school, or the day's events. As a result, at a very young age Mike acquired a great love of and admiration for the Constitution and for the principles it is based on. After graduating from Law School in 1997, he served as a law clerk to Judge Dee Benson of the US District Court for the District of Utah. Following his time with Judge Benson he clerked for then-Judge Samuel A. Alito, Jr., who was serving at that time on the US Court of Appeals for the Third Circuit Court. From there he went into private practice, joining the Washington, DC office of Sidley & Austin, where he specialized in appellate and Supreme Court litigation. Several years later, Mike returned to Utah after being invited to serve as an Assistant US Attorney in Salt Lake City, preparing briefs and arguing cases before the US Court of Appeals for the Tenth Circuit. He served as Governor Huntsmans General Counsel from January 2005 until June 2006, when he returned to Washington to serve a one-year clerkship at the US ...



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Veterans Disability Claims, Disability Lawyer in Houston Helps Disabled Veterans

Veterans disability claims for VA disability benefits due to service connected disabilities may need the help of a veterans disability lawyer. After seeing a relative struggle for VA benefits and realizing what disabled veterans go through, attorney Marc Whitehead became an accredited veterans claims attorney. He now helps veterans with VA disability claims. If you are a Texas veteran of the United States military services and your VA disability claim was denied, Marc Whitehead, an experienced disability lawyer in Houston, can provide skilled representation before the Board of Veterans Appeals, in claims before a regional VA office, and before the US Court of Appeals for Veterans Claims.Marc Whitehead & Associates, Attorneys at Law provide comprehensive legal representation to clients in Houston and throughout the Texas Gulf Coast. Houston personal injury attorney and disability lawyer Marc Whitehead has earned local and national distinction by personally designing a legal strategy to best suit each individual case. Firm founder Marc Whitehead is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a rigorous and demanding certification process. For a free consultation, call (713) 228-8888 or visit www.personal-injurylawyer.com.



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Providing Process Service in Texas

Process service in Texas is regulated by individual counties and the state Supreme Court. State certification, rather than state licensing, is used to ensure that servers are adequately trained.

The state has a Process Server Review Board currently consisting of a judge, a constable, a district clerk, a justice of the peace, a lawyer and three process servers. Carl Weeks is currently the chairman of the board. He has served as chairman since the Board was established in 2005.

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In order to become a process server, you would need to submit an application to the Application Review Committee consisting of Mr. Weeks and two members that serve on a rotating basis. Applications received by the committee before the end of the month will be reviewed during the following month.

Providing Process Service in Texas

Your application will only be approved if you have taken a course from a Supreme Court approved educational provider. The application is available online and must be filled out completely. Otherwise it will be returned.

You must obtain a criminal history report from the state Department of Public Safety even if you have no criminal record. The Department will provide you with a notarized report including your criminal history or a document saying "no criminal record found".

Electronic reports can be obtained online from the DPS website, but they are not acceptable to include with the application to provide process service in Texas. Only the notarized report is acceptable.

The DPS criminal history report should include the disposition of any cases occurring within the past 20 years. If not, you must include certified final dispositions with your application for any cases occurring within the past 20 years and for all felonies, regardless of the disposition date.

The applications were revised by the Process Server Review Board in 2007. Older versions of the application are no longer accepted.

Approved courses for providing process service in Texas can be taken at the University of Houston and Texas State. San Antonio, Eastfield and Amarillo Colleges offer approved training, as well.

The Texas Process Servers Association hosts classes throughout the state at various hotels and conference centers. The courses are one day training programs. The course includes a written test at its conclusion which must be past to be considered for certification. You can register and pay online or by regular mail.

A complete list of approved courses can be obtained from the Process Server Review Board. If you do not attend a training program and pass the written test, your application will not be approved.

Before you sign up and pay for a class to provide process service in Texas, you should be sure that you qualify.

As you can see the state of Texas takes serious the role of process serving. The state knows that trials can be jeopardized as a result of not following the regulations related to serving papers. Therefore process service in Texas can only be performed by a sheriff, a constable and a certified private process server. For fast and reliable service a private process server is suggested whenever possible since their primary job is to serve papers whereas for sheriffs and constables serving papers is not their primary task.

Providing Process Service in TexasHalo: Reach - Achievement HORSE #8 (Jack vs. Geoff) Video Clips. Duration : 8.90 Mins.

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Los Angeles Criminal Defense Attorney Barry Bernstein talks about what you should and should not do if you are arrested and charged with a crime. The Law Office of Barry O. Bernstein handles all serious felony criminal charges including murder, drug crimes, violent crimes, white collar crimes, sex crimes and more. Mr. Bernstein represents clients in Los Angeles, Orange, Riverside, San Bernardino and Ventura counties. You can contact Barry Bernstein at www.LawCrime.com or by calling (888) 333-4447.



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