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•  Law Promo News - Legal News


A court in Kyrgyzstan on Tuesday upheld a life sentence for an ethnic Uzbek journalist in a case that has drawn international criticism.

Azimzhan Askarov was convicted in 2010 for stirring up ethnic hatred, a charge related to ethnic unrest in the south of Kyrgyzstan in 2010 when more than 450 people, mostly ethnic Uzbeks, were killed and tens or even hundreds of thousands were displaced.

The majority of those convicted for taking part in the deadly clashes have been ethnic Uzbeks.

Askarov, who can appeal the ruling in the Supreme Court, shouted out after Tuesday's decision that he would go on hunger strike in protest.

Askarov's case was sent for review last year after the U.N. Human Rights Committee in April urged Kyrgyzstan to release him, finding that he had been arbitrarily detained, tortured and denied his right to a fair trial.

Askarov's lawyer, Tolekan Ismailov, told reporters that his client would appeal the ruling, which he dismissed as unlawful.

Askarov had been documenting human rights violations by the police and prison authorities in his hometown near the Uzbek border for more than 10 years before he was arrested in 2010.




A federal appeals court in San Francisco says used car retailer CarMax must tell buyers in California the condition of individual vehicle components it inspects.

The 9th U.S. Circuit Court of Appeals said Thursday CarMax's practice of providing buyers with the list of components inspected as part of its used car certification program, but not their condition, violates California law.

Virginia-based CarMax said in a statement it was reviewing the findings of the case. The ruling came in a lawsuit by a man who bought an Infiniti from a CarMax lot in Costa Mesa, California and said he experienced problems with the car.

A lower court ruled in favor of CarMax. The 9th Circuit overturned that decision and ordered the lower court to enter judgment in favor of the plaintiff.

As time runs out, dozens of judge nominees waiting on Senate

Federal judges in New Jersey have struggled with a workload approaching 700 cases each, nearly double what's manageable, because of judicial vacancies. In Texas, close to a dozen district judgeships remain open, more than in any other state.

Senate confirmation of President Barack Obama's nominees slowed to a halt this election year, a common political occurrence for the final months of divided government with a Democratic president and a Republican-controlled Senate. The vacancy on the Supreme Court attracted the most attention as Republicans refused to even hold confirmation hearings for Merrick Garland, insisting that the choice to fill the vacancy created by the death of Justice Antonin Scalia in February rests with the next president.

But more than 90 vacancies in the federal judiciary are taking a toll on judges, the courts and Americans seeking recourse. Obama has nominated replacements for more than half of those spots, including 44 nominees for the district court and seven for the appeals court. Yet the Senate has confirmed only nine district and appeals court judges this year ? and only four since Scalia died.



The U.S. Supreme Court's refusal to hear Arizona's appeal of a lower court ruling that overturned a convicted murderer's death sentence has opened the door for about 25 death row inmates to challenge their sentences.

The justices on Monday let stand the ruling that said Arizona unconstitutionally excluded evidence about James McKinney's troubled childhood and post-traumatic stress disorder that might have led to a lesser punishment.

The 9th U.S. Circuit Court of Appeals ruled last December that Arizona's causal nexus rule violated the Constitution. The rule required any mitigating evidence, such as mental illness or post-traumatic stress disorder, to be directly tied to the crime committed to be relevant in sentencing.



The California Supreme Court agreed Wednesday to consider a lawsuit that Yelp.com warns could lead to the removal of negative reviews on the popular website.

The seven-member court voted unanimously Wednesday to take up an appeal by Yelp of a lower court ruling upholding an order requiring Yelp to remove posts against a San Francisco law firm.

Yelp wants the Supreme Court to overturn the ruling, saying that if it's allowed to stand, it will open the door for businesses to force the company to remove critical reviews.

Dawn Hassell, the law firm's managing attorney, says the business review website is exaggerating the stakes of her legal effort. She says it aims only to remove from Yelp lies by a former client that a judge determined were defamatory, not just negative.

Hassell referred comment Wednesday to her attorney, Monique Olivier, who said in a statement she was not surprised the Supreme Court has taken up the case given the "amount of attention" it has received.

"This case is not one of a 'bad review' " she said. "It is a case where a court adjudicated statements to be defamatory after receiving and reviewing evidence about the falsity of those statements."

Aaron Schur, Yelp's senior director of litigation, said the company looked forward to explaining to the court "how the lower court's decision is ripe for abuse, contradicts longstanding legal principles, and restricts the ability of websites to provide a balanced spectrum of views online."


US House staffers subpoenaed by federal court

•  Law Promo News     updated  2016/04/12 00:45


Four congressional staffers have told the U.S. House that they've been subpoenaed by the federal court in Springfield, Illinois, where a grand jury is conducting a probe into the spending of former U.S. Rep. Aaron Schock.

The financial chief for the House, Traci Beaubian, and three other staff members wrote letters notifying the chamber about the subpoenas that were read on the House floor Monday, the Chicago Tribune reported  based on House records noting the letters were received and video of the letters being read. The letters did not mention the subject of the subpoenas.

Schock, the one-time rising GOP star from Peoria, came under intense scrutiny in early 2015 for his spending, including redecorating his office in the style of TV's "Downton Abbey." He left office in March 2015 amid questions about congressional and campaign spending.

He has since been issued at least two grand jury subpoenas seeking campaign and congressional records. FBI agents also have removed boxes and other items from his central Illinois campaign office.




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