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Suspected people smuggler charged in Australian court
Blog News | 2016/09/30 19:33
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.



Nevada high court blocks funding for school choice program
Court Watch | 2016/09/28 19:33
The Nevada Supreme Court has ruled that the state's voucher-style Education Savings Accounts program — seen as the broadest school choice initiative in the country — has an unconstitutional funding mechanism that should remain blocked.

Justices issued a ruling on Thursday against the money source for the program — which has been on hold since the winter and never disbursed funds to families as it intended — but upholding some of the major tenets underlying the school voucher concept.

Parties on both sides of the hotly debated issue claimed victory, emphasizing different parts of the 35-page decision.

"The state was taken to its knees by a group of people that believe in public education," said Rory Reid, son of Democratic Sen. Harry Reid and president of the Rogers Foundation, which supported legal challenges against the program. "This is a tremendous victory."

Proponents framed the ruling as a "landmark win" for themselves, saying it affirmed some of their most fundamental arguments and adding that the program's defects can be fixed by the Legislature.



Court gives fertilizer dealers a reprieve from policy change
Court Issues | 2016/09/27 05:12
A court ruling has given farm fertilizer dealers a reprieve from a federal policy change that some say would unfairly burden the industry.

The Occupational Safety and Health Administration policy change announced last year would regulate retail dealers of farm fertilizer such as anhydrous ammonia under the same standards as manufacturers. It came after a deadly explosion at a Texas plant in 2013.

The Agricultural Retailers Association and The Fertilizer Institute say the change would affect 3,800 fertilizer retailers nationwide, costing them more than $100 million. The two organizations sued a year ago.

The change was to take effect this coming Saturday. But a federal appeals court has ruled that OSHA can't implement it without going through a formal rule-making process.



Court asks judges to respond to Louisiana sheriff's claims
Topics | 2016/09/27 05:12
A federal appeals court on Monday asked two judges to respond to a petition by a Louisiana sheriff who claims another judge was improperly removed from his criminal case without explanation.

A letter from the 5th U.S. Circuit Court of Appeals says Chief Judge Dee Drell of the Western District of Louisiana and U.S. District Judge Donald Walter in Shreveport are "invited" to file written responses by Oct. 6. The appeals court also asked two federal prosecutors to respond to Iberia Parish Sheriff Louis Ackal's arguments.

Ackal's attorney, John McLindon, argued in a court filing Friday that U.S. District Judge Patricia Minaldi's mysterious removal from the sheriff's case violated court rules and apparently was done without her consent earlier this year.

McLindon also is challenging Walter's decision to hold the trial in Shreveport instead of Lafayette, where the case originated.

The letter from the 5th Circuit doesn't specify what issues the judges and prosecutors should address in their responses to Ackal's petition. The letter indicated that they discussed the matter by telephone on Monday morning.

Ackal awaits trial next month on charges over the alleged beatings of jail inmates. Nine former employees of the sheriff's office already have pleaded guilty and are cooperating with the Justice Department's civil rights investigation.

Minaldi originally was assigned to preside over the high-profile cases against the sheriff and 11 of his subordinates. But Drell abruptly reassigned the cases to Walter in March, two days after Ackal's indictment. Drell didn't give a reason for the switch in his one-sentence orders.

Four days before Minaldi's removal from the cases, she was in the middle of accepting guilty pleas by two former sheriff's deputies when a prosecutor cut her off mid-sentence and asked to speak to a defense attorney. Then, after a short break and private discussion with the attorneys, Minaldi adjourned the March 7 hearing in Lake Charles without giving a reason on the record.



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