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10 Jun 2011, 9:00 am by McNabb Associates, P.C.
ARTICLE V (1) Extradition shall not be granted if: (a) the person sought would, if proceeded against in the territory of the requested Party for the offense for which his extradition is requested, be entitled to be discharged on the grounds of a previous acquittal or conviction in the territory of the requesting or requested Party or of a third State; or (b) the prosecution for the offense for which extradition is requested has become barred by lapse of time according to the law of the… [read post]
8 Jun 2011, 3:21 pm by Benjamin Wittes
Invoking al-Adahi, he stated: That means that there are powerful reasons for the government to rely on our opinion in Al-Adahi v. [read post]
7 Jun 2011, 2:17 pm by Aaron Pelley
The Court reasoned that the language of the clause, taken together with the fact that all courts of appeal save the Sixth Circuit, from whence this appeal originated, have held thusly, as well as the fact that the Sixth Circuit’s interpretation is needlessly complicating and difficult to square if the “automatic application” rule of Henderson v. [read post]
3 Jun 2011, 9:00 am by McNabb Associates, P.C.
ARTICLE V (1) Extradition shall not be granted if: (a) the person sought would, if proceeded against in the territory of the requested Party for the offense for which his extradition is requested, be entitled to be discharged on the grounds of a previous acquittal or conviction in the territory of the requesting or requested Party or of a third State; or (b) the prosecution for the offense for which extradition is requested has become barred by lapse of time according to the law of the… [read post]
On the expenditure issue, the Court of Appeal agreed with Henderson J that FYAs should be available (LLP1 had conceded the trading issue). [read post]
24 May 2011, 9:00 am by McNabb Associates, P.C.
ARTICLE V (1) Extradition shall not be granted if: (a) the person sought would, if proceeded against in the territory of the requested Party for the offense for which his extradition is requested, be entitled to be discharged on the grounds of a previous acquittal or conviction in the territory of the requesting or requested Party or of a third State; or (b) the prosecution for the offense for which extradition is requested has become barred by lapse of time according to the law of the… [read post]
13 May 2011, 9:00 am by McNabb Associates, P.C.
ARTICLE V (1) Extradition shall not be granted if: (a) the person sought would, if proceeded against in the territory of the requested Party for the offense for which his extradition is requested, be entitled to be discharged on the grounds of a previous acquittal or conviction in the territory of the requesting or requested Party or of a third State; or (b) the prosecution for the offense for which extradition is requested has become barred by lapse of time according to the law of the… [read post]
9 May 2011, 1:00 pm by McNabb Associates, P.C.
ARTICLE V (1) Extradition shall not be granted if: (a) the person sought would, if proceeded against in the territory of the requested Party for the offense for which his extradition is requested, be entitled to be discharged on the grounds of a previous acquittal or conviction in the territory of the requesting or requested Party or of a third State; or (b) the prosecution for the offense for which extradition is requested has become barred by lapse of time according to the law of the… [read post]
2 May 2011, 8:53 am by Jon Sands
Henderson, No. 09-50544 (4-29-11)(B. [read post]