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Prominent state challenges to lethal injection
Lawyer Blog News | 2009/11/16 16:28

Here are some states where there have been recent high-profile challenges to the lethal-injection death penalty method:

California: A federal judge has suspended executions until prison officials fix the deficiencies he identified in the lethal-injection process.

Maryland: Executions were halted in June as new execution protocols submitted by Gov. Martin O'Malley are examined by a legislative panel. O'Malley, a death penalty opponent, waited to submit the new rules in a failed attempt to give the Legislature time to repeal the death penalty.

Missouri: The execution process resumed this year for the first time in nearly four years but was stalled in June when the state's chief justice said the court was unlikely to schedule any future executions until legal challenges were resolved over the training and competence of the state's execution team.

Arizona: Executions have been on hold since 2007 as the U.S. Supreme Court reviewed Kentucky's lethal-injection method. Kentucky's plan was approved, but the high court didn't rule on methods in other states. Federal public defenders in Phoenix then questioned Arizona's methods in state and federal court.

Tennessee: A federal appeals court delivered a victory for the state's lethal-injection method in July after executions had been held up for years by an inmate's lawsuit contending it inflicted unnecessary pain.



Dozens of Gitmo detainees finally get day in court
Lawyer Blog News | 2009/11/16 12:28

In courtrooms barred to the public, dozens of terror suspects are pleading for their freedom from the Guantanamo Bay prison, sometimes even testifying on their own behalf by video from the U.S. naval base in Cuba.

Complying with a Supreme Court ruling last year, 15 federal judges in the U.S. courthouse here are giving detainees their day in court after years behind bars half a world away from their homelands.

The judges have found the government's evidence against 30 detainees wanting and ordered their release. That number could rise significantly because the judges are on track to hear challenges from dozens more prisoners.

Scooped up along with hard-core terrorist suspects in Afghanistan, Pakistan and elsewhere, these 30 detainees stand in stark contrast to the 10 prisoners whom the Obama administration targeted for prosecution Friday for plotting the Sept. 11 and other terrorist attacks. Khalid Sheikh Mohammed, the professed mastermind of 9/11, and four of his alleged henchmen are headed for a federal civilian trial in New York; five others, including a top suspect in the bombing of the USS Cole, will be tried by a military commission.



Millions may have to repay part of Obama tax credit
Lawyer News | 2009/11/16 10:30

For more than 15.4 million people, the Making Work Pay tax credit enacted as part of the $787-billion economic stimulus package could turn out to be a Making You Pay Back tax credit.

That's the finding of a government watchdog report out today about the credit, which provides as much as $400 for individuals and as much as $800 for joint filers. It is the signature tax cut that President Obama promised in his campaign and was delivered with much fanfare in February.

The problem: In order to maximize the credit's stimulative effect on the economy, withholding changes for taxpayers kicked in within days of Obama signing the legislation and taxpayers started seeing the changes in their paychecks in April. In essence, the credit was "advanced to taxpayers through their wages by a decrease in federal income tax withholding" for the 2009 and 2010 tax years, according to the report by the Treasury Department's Inspector General for Tax Administration.

http://latimesblogs.latimes.com/money_co/2009/11/millions-may-have-to-repay-part-of-obama-tax-credit.html



Lawyer: FBI asked terror suspect to be informant
Lawyer Blog News | 2009/11/13 18:05

A Massachusetts man accused of plotting to kill Americans was portrayed by federal prosecutors Thursday as a jihadist who is too dangerous to be released on bail, but the man's lawyer said he was charged only after he refused to become an FBI informant against Muslims.

Tarek Mehanna, 27, of Sudbury, was arrested a year ago and charged with lying to the FBI. New, more serious charges were added last month, when Mehanna was accused of conspiring with two other men to shoot shoppers at U.S. malls, to kill two unnamed prominent U.S. politicians and to kill American soldiers in Iraq.

Authorities said he and the other men never came close to pulling off an attack, but did seek training at terrorist camps in the Middle East. The men allegedly told friends they were turned down for terrorist training because of their nationality, ethnicity or inexperience, or that they were unable to make contact with people they hoped would get them into such camps.

The men abandoned plans to attack malls because their weapons contact said he could find only handguns, not automatic weapons, prosecutors allege.

During a detention hearing in federal court on Thursday, Magistrate Judge Leo Sorokin heard arguments from prosecutors and Mehanna's defense on whether he should be kept behind bars until his trial. Sorokin did not immediately rule.

Assistant U.S. Attorney Aloke Chakravarty urged the judge to hold Mehanna without bail, saying he poses a danger to the community and is likely to flee before his trial because he faces a possible sentence of life in prison.



US court: CIA didn't violate Plame's speech rights
Legal Career News | 2009/11/13 15:02

A federal appeals court in New York says the CIA did not violate Valerie Plame's free speech rights.

The 2nd Circuit Court of Appeals upheld a 2007 lower court decision in its ruling Thursday. The decision barred Plame from revealing the length of her tenure with the CIA in a memoir.

The appeals court agreed that the agency made a good argument to keep the information secret.

Plame's identity was revealed in a syndicated newspaper column in 2003 after her husband, former Ambassador Joseph Wilson, began criticizing the war in Iraq.

She and her publisher sued the CIA in 2007. They claimed they had a First Amendment right to publish her dates of employment.



W.Va. Supreme Court opts for e-mail privacy
Lawyer Blog News | 2009/11/13 14:59

The state Supreme Court has ruled that public officials and public employees can keep their personal e-mails private.

The court ruled 4-1 Thursday that none of the 13 e-mails between former Supreme Court Chief Justice Elliott "Spike" Maynard and Massey Energy Chief Executive Don Blankenship are public records. The Associated Press had sued to gain access to the correspondence last year, when Massey had several cases pending before the high court.

Kanawha County Circuit Court Judge Duke Bloom ruled that five of the e-mails were public, but that eight were not. Bloom reasoned that the five e-mails were public records because they touched on Maynard's ultimately unsuccessful campaign in the Democratic primary, in which he ran against two of the justices now sitting on the court. The five e-mails were released after that ruling.

But the Supreme Court ruled that Bloom was wrong to release those e-mails, and sent the case back to his court. Justice Margaret Workman was the lone dissenter.



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