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Court reinstates late Aaron Hernandez's murder conviction
Criminal Law Updates |
2019/03/15 20:19
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Massachusetts' highest court on Wednesday reinstated the late Aaron Hernandez's murder conviction, which was erased after the former NFL star killed himself in prison.
The Supreme Judicial Court also scrapped the legal principle that wiped out Hernandez's conviction for future cases, calling it "outdated and no longer consonant with the circumstances of contemporary life."
"We are pleased justice is served in this case, the antiquated practice of vacating a valid conviction is being eliminated and the victim's family can get the closure they deserve," Bristol County District Attorney Thomas M. Quinn III said in a tweet.
Hernandez was convicted in 2015 of killing semi-professional football player Odin Lloyd. Two years later, the 27-year-old killed himself in his prison cell days after being acquitted of most charges in a separate double-murder case.
A judge threw out Hernandez's conviction that year, citing the legal principle that holds that a defendant convicted at trial who dies before an appeal is heard should no longer be considered guilty in the eyes of the law, thereby returning the case to its pretrial status.
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Court raises concerns over power lines by historic Jamestown
Employment Law |
2019/03/11 18:20
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A federal appeals court raised concerns Friday that power lines with towers nearly as high as the Statue of Liberty could spoil the view in one of the nation's most historically rich areas, a stretch of river in Virginia where England founded its first permanent settlement.
The power lines cross the James River near Jamestown Island. And they began transmitting 500,000 volts of electricity on Tuesday.
Despite the project's completion, the court directed the U.S. Army Corps of Engineers to prepare a full environmental impact statement for the project. The agency previously deemed it to be unnecessary.
The appeals court found that the Corps failed to fully consider the project's impact before issuing a permit to Dominion Energy. The ruling also said the Corps failed to resolve concerns that were raised in many of the 50,000 public comments that were submitted and by other federal agencies over the years.
For instance, the National Park Service has said utility lines should be run underground in the area, allowing people to experience views similar to what English explorer John Smith saw in the early 1600s. |
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N Carolina governor signs law keeping Court of Appeals at 15
Business Law Info |
2019/03/11 01:18
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North Carolina's intermediate-level appeals court will stay at 15 judges as Gov. Roy Cooper signed legislation that repeals a 2017 law that would have reduced the seats to 12 over time.
Cooper announced Thursday that he had signed the law , which Republicans controlling the General Assembly approved quickly over the past several days.
GOP leaders said they sought the repeal because it would end litigation Cooper filed challenging the previous law. The Republicans won the first legal round, but oral arguments at the state Supreme Court were next.
The 2017 law would have prevented the governor from appointing replacements for the next three court vacancies due to retirement or other reasons because the seats would be eliminated instead. The first such vacancy would have occurred at the end of March. |
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TigerSwan appeals attorney fees ruling to state's high court
Criminal Law Updates |
2019/03/09 02:19
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A North Carolina security company that won a court case in the wake of protests against the Dakota Access oil pipeline is continuing to pursue reimbursement of its attorney fees.
North Dakota's Private Investigative and Security Board sued TigerSwan in 2017, alleging the company that handled security for the pipeline developer illegally operated without a state license.
Judge John Grinsteiner ultimately dismissed the case, but he also rejected TigerSwan's request for reimbursement of at least $165,000 in attorney fees. Grinsteiner said the board's case wasn't frivolous even though the board lost. TigerSwan has appealed to the state Supreme Court.
The board has appealed the dismissal of its case to the state Supreme Court and also is seeking up to $2 million in fines against TigerSwan through an administrative complaint. |
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Supreme Court seems inclined to retain cross on public land
Class Action News |
2019/03/04 02:17
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The Supreme Court seemed inclined Wednesday to rule that a 40-foot-tall cross that stands on public land in Maryland is constitutional, but shy away from a sweeping ruling.
The case the justices heard arguments in is being closely watched because it involves the place of religious symbols in public life. But the particular memorial at issue is a nearly 100-year-old cross that was built in a Washington, D.C., suburb as a memorial to area residents who died in World War I.
Before arguments in the case, it seemed that the memorial's supporters, including the Trump administration, had the upper hand based on the court's conservative makeup and its decision to take up the matter. On Wednesday, even liberal justices Elena Kagan and Stephen Breyer suggested that they could join a narrow ruling upholding this particular memorial.
Kagan noted that the cross is a symbol linked with soldiers killed in World War I.
"When you go into a World War I battlefield, there are Stars of David there, but because those battlefields were just rows and rows and rows of crosses, the cross became, in people's minds, the pre-eminent symbol of how to memorialize World War I dead," she said, adding that there are no religious words on the Maryland cross and that it sits in an area with other war memorials. She asked, "So why in a case like that can we not say essentially the religious content has been stripped of this monument?"
Breyer, for his part, asked a lawyer arguing for the cross' challengers what she thought about saying that "history counts" and that "We're not going to have people trying to tear down historical monuments even here."
"What about saying past is past?" he said at another point during arguments conducted in a courtroom whose friezes include depictions of Moses and Muhammed and that began, as always, with the marshal's cry: "God save the United States and this honorable court."
The cross's challengers include three area residents and the District of Columbia-based American Humanist Association, a group that includes atheists and agnostics. They argue that the cross's location on public land violates the First Amendment's establishment clause, which prohibits the government from favoring one religion over others. They say the cross should be moved to private property or modified into a nonreligious monument such as a slab or obelisk. The group lost the first round in court, but in 2017 an appeals court ruled the cross unconstitutional. |
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Supreme Court rules for Alabama death row inmate
Class Action News |
2019/03/03 02:16
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The Supreme Court is ordering a new state court hearing to determine whether an Alabama death row inmate is so affected by dementia that he can't be executed.
The justices ruled 5-3 on Wednesday in favor of inmate Vernon Madison, who killed a police officer in 1985. His lawyers say he has suffered strokes that have left him with severe dementia.
Chief Justice John Roberts joined the court's four liberals in siding with Madison.
The high court ruling is not the end of the case. Justice Elena Kagan says in her majority opinion that, if the state wants to put Madison to death, an Alabama state court must determine that Madison understands why he is being executed.
The justices have previously said the constitutional ban on cruel and unusual punishment means that people who are insane, delusional or psychotic cannot be executed.
But Kagan, reading a summary of her ruling, said, "Based on our review of the record, we can't be sure that the state court recognized that Madison's dementia might render him incompetent to be executed."
Justices Samuel Alito, Neil Gorsuch and Clarence Thomas, who last year would have allowed the execution to proceed without hearing the case, dissented. Justice Brett Kavanaugh was not yet on the court when arguments took place in early October. |
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