SUPREME COURT UPHELD JABBAR SAVALANLI'S SENTENCE

Today, the Azerbaijan Supreme Court heard the cassation appeal filed by the arrested youth activist and member of Popular Front Party Jabbar Savalanli. Judge Imran Hajigayibov presided over the hearing. The appeal was filed against the Sumgayit Appeals Court decision to sentence Savalanli to 2.5 years in jail for the possession of illegal drugs. Although representatives from British, French and Norwegian embassies , and a number of media representatives attended the proceeding, no measures were taken to allow the youth activist to attend the court hearing. Savalanli's lawyer, Asabali Mustafayev, said that the cassation appeal requests the annulment of the court of first instance's decision ( the decision of Baku Appeal Court) to sentence Savalanli to 2.5 years in prison, and Savalanli's acquittal. He also said that the initial investigation and court process failed to identify the origin of the illegal drugs which were found in Savalanli's pocket and Jabbar's personal immunity was violated during the investigation. In addition to a suspect investigation, the courts have refused to grant a number of motions filed by the defendant's side. According to Javalanli's lawyer, articles 6 and 14 of the European Court of Human Rights stipulating a fair trial and banning discrimination, have been violated. However, public prosecutor Mahir Abbasov, does not agree with the Mustafayev and supports the previous charges against the youth activist. No measures were taken to allow the ...



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Minnesota Felony DWI Supreme Court Appeal

State of Minnesota, Respondent v. Herman Tanksley, Jr., Appellant -- Case No. A10-0392: Appellant Herman Tanksley, Jr. was charged with two counts of fourth-degree driving while impaired. The charges were based, in part, on the results of a urine test indicating that Tanksley's alcohol concentration was .08 or higher within two hours of driving. Tanksley filed a motion to suppress the results of this urine test and requested a Frye-Mack hearing on the admissibility of first-void urine-alcohol test results. The district court denied these motions. The district court convicted Tanksley of fourth-degree driving while impaired, based on an alcohol concentration of .08 or higher, after a stipulated-facts trial. The court of appeals affirmed petitioner's conviction. On appeal to the supreme court, two issues are presented: (1) whether Tanksley was entitled to a Frye-Mack hearing on the admissibility of first-void urine-alcohol test results; and (2) if so, whether the denial of a Frye-Mack hearing was harmful. (Hennepin County) Case: State v. Tanksley A100392 Date: 10-5-2011 For a Minnesota DWI Attorney visit: minnesotaattorney.com



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Obama Lying about the Supreme Court Striking Down Unconstitutional Law as "Unprecidented"

What is unprecidented is the Presidents attempt to intimidate and inject politics into a Supreme Court case. Obama is basically talking to the incredibly stupid and his leftist base that would use themselves as suicide bombers if they had the chance. The 5th Circuit Court of Appeals has challenged the Obama administration to show why the courts don't have the power to overturn Obamacare. CBS:"In the escalating battle between the administration and the judiciary, a federal appeals court apparently is calling the president's bluff -- ordering the Justice Department to answer by Thursday whether the Obama Administration believes that the courts have the right to strike down a federal law, according to a lawyer who was in the courtroom. The order, by a three-judge panel of the US Court of Appeals for the 5th Circuit, appears to be in direct response to the president's comments yesterday about the Supreme Court's review of the health care law. Mr. Obama all but threw down the gauntlet with the justices, saying he was "confident" the Court would not "take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress." Overturning a law of course would not be unprecedented -- since the Supreme Court since 1803 has asserted the power to strike down laws it interprets as unconstitutional. The three-judge appellate court appears to be asking the administration to admit that basic premise -- despite ...



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SUPREME COURT RULES TO KEEP BAKHTIYAR HAJIYEV IN PRISON

The Supreme Court has ruled to uphold the original decision to imprison youth activist and blogger Bakhtiyar Hajiyev for evasion of military service, originally passed by the Ganja Appeals Court on July 6th of this year. Judge Imran Hajigayibov presided over the hearing. The process was open to the public. Hajiyev's lawyer Sadig Bagirov asked the court to allow his client to participate in the proceedings. The judge said that Hajiyev didn't want to attend. The lawyer argued that yesterday Hajiyev had sent a telegram to the court saying explicitly that he wanted to attend. Bagirov filed 3 motions. In the first motion, he asked for an appeal to be sent to the Constitutional Court demanding an investigation into the state's denial of alternative (ie non military) service to his client. The second motion demands recognition of the violation of Hajiyev's right to freedom. Decisions on Baktiyar Hajiyev's arrest were made in breach of protocol, based exclusively on a policeman's testimony, and without listening to the defendant side. In the 3rd motion, the lawyer asked the court to recognize that the 3rd Article against torture, as detailed in the European Convention on Human Rights, has been violated. According to the lawyer, after Hajiyev was arrested he was tortured. He claimed that the Prosecutor's Office has refused to launch a criminal case regarding this incident. Finally, the lawyer asked the court to annul the criminal case against Hajiyev and for his acquittal. Public ...



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Florida Supreme Court Argument- Part 2

Our client Jill Marsh experienced physical trauma and injuries from three auto collisions in a two year period with none of them being her fault. As a result she the developed a chronic pain syndrome known as Fibromyalgia. After two trials the case was appealed because the trial judge refuse to allow our client's treating physcians to testify that trauma causes Fibromyalgia. In the end, we won the appeal in the Florida Supreme Court. Visit OrlandoLawyer.tv



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The Supreme Court

www.ntv.co.ke Five judges to the Supreme Court have been nominated. The five, Lawyer Njoki Ndungu, Appeals Court Judge Phillip Tunoi, High Court Judges Mohamed Ibrahim and Jackton Ojwang and former KACC Assistant Director Smokin Wanjala were picked from a list of 25 shortlisted candidates and as Rita Tinina reports, if they are endorsed the five will serve in the supreme court alongside the Chief justice and Deputy Chief Justice.



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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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Obama picks Sotomayor for Supreme Court-4/4

Obama Nominee Sonia Sotomayor Poised to Become First Hispanic Supreme Court Justice President Obama has nominated federal appeals court judge Sonia Sotomayor to the Supreme Court, putting her in line to become the countrys first Hispanic justice. The fifty-four-year-old Sotomayor is the daughter of Puerto Rican parents who raised her in a public housing project in the Bronx. We host a roundtable with Marjorie Cohn of the National Lawyers Guild; attorney and SCOTUS Blog founder Tom Goldstein; Cesar Perales, general counsel of Latino Justice; and Juan Manuel Garcia-Passalacqua, an independent political analyst who knows Sotomayor personally.



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Ginsberg On Coleman MN Supreme Ct. Filing With Hang-ups

more at www.theuptake.org Spokesman-attorney Ben Ginsberg explains the brief that former US Senator Norm Coleman filed with the Minnesota Supreme Court today supporting Coleman's appeal of Al Franken's victory in the US Senate race. For some reason, the Coleman campaign decided to hang up on The UpTake five times during the open press conference call. Spokesperson Tom Erickson invited the media to contact him with any more questions. We've contacted him about the problem and are waiting for ...



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Cuban Five appeal to Supreme Court

Supreme Court Appeals Attorney Thomas Goldstein discusses the just-filed appeal in the case of the Cuban Five with Amy Goodman on Democracy Now!, Feb. 6, 2009. For more information about the Cuban Five and to get involved with the effort to free the five heroes unjustly imprisoned in the United States for more than ten years for the "crime" of preventing acts of terrorism, visit the National Committee to Free the Cuban Five at www.freethefive.org.



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