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Texas executes Mexican in defiance of world court
Legal Career News | 2008/08/07 15:26
Texas put to death a Mexican convicted murderer late Tuesday, defying a ruling from the International Court of Justice and ignoring a last-minute appeal from UN Secretary General Ban Ki-Moon.

Jose Ernesto Medellin, 33, was killed by lethal injection in the Huntsville death chamber at 9:57 p.m. Medellin was sentenced to die for the 1993 rape and murder of two girls, aged 14 and 16, in Houston, Texas. The Mexican-born Medellin was in the midst of an initiation into the Black and Whites street gang at the time.

The ICJ told US authorities in 2004 that Medellin's case and that of other Mexicans facing execution violated the Vienna Convention because authorities failed to inform the foreigners of their right to consular access and assistance during trial.

US President George W. Bush ordered that the cases be reviewed, but the US Supreme Court in March ruled that his request was unconstitutional.

Medellin's execution went ahead even though Ban urged US authorities to comply with the ICJ's order.



Court rejects suit opposing religion in vets care
Lawyer Blog News | 2008/08/07 15:23
Taxpayers cannot sue the U.S. Department of Veterans Affairs for incorporating religion into its health care programs for the nation's veterans, an appeals court has ruled.

The 7th Circuit Court of Appeals ruled Tuesday the Madison-based Freedom From Religion Foundation and three of its members have no legal standing to bring the case.

The group was trying to end the department's practice of asking patients about their religion in "spiritual assessments," its use of chaplains to treat patients, and drug and alcohol treatment programs that incorporate religion. It claimed those practices violated the separation of church and state.

But the court ruled that federal taxpayers cannot challenge those expenditures. The court cited a U.S. Supreme Court decision last year in which the same group was not allowed to sue over President Bush's faith-based initiative.

In that case, the court ruled 5-4 the executive branch cannot be sued by taxpayers for expenses that allegedly promote religion. Cases can only be brought when the questionable expenditures are explicitly authorized in a congressional spending bill, the court ruled.

Congress never authorized spending on the chaplain services, pastoral care and other programs challenged, the 7th Circuit ruled.

Annie Laurie Gaylor, the foundation's co-president, criticized the ruling but said an appeal to the Supreme Court was unlikely. She said the group would look for VA patients who object to their treatment to be potential plaintiffs but said such a case would still be difficult to win.

"The courts are moving to the position where government can fund religious activities and endorse religion without restraint," she said. "It's really very disturbing."

The veterans agency, which treated 5.3 million people at its facilities in 2005, says it believes spirituality should be integrated into care, but it allows patients to decide whether that involves religion.

Its spiritual assessments ask patients a series of questions about their faith, such as how often they attend church and how important religion is in their lives. Agency officials say the assessments help them determine patients' needs.



Detroit mayor ordered jailed after bond violation
Court Feed News | 2008/08/07 12:23
Detroit Mayor Kwame Kilpatrick has been ordered to the county jail after a judge found the mayor violated the terms of his bond by going to Canada and not informing the court.

The ruling by Judge Ronald Giles came after the mayor apologized to the court, saying it won't happen again.

The judge says he would have given the same treatment to any criminal defendant.

Kilpatrick's attorneys say they immediately will appeal the ruling.

Earlier Thursday, Kilpatrick waived his right to a preliminary hearing and will head to trial on perjury and other criminal charges.



Judge removes Barker from wrongful termination suit
Court Feed News | 2008/08/07 11:23
A judge has dismissed allegations against Bob Barker in a wrongful termination lawsuit filed by a "Price is Right" employee, saying the game-show's longtime host was not her boss.

Deborah Curling, a former production assistant, sued Barker, CBS and production company FremantleMedia North America in October, claiming she faced retaliation after testifying against Barker in another wrongful termination lawsuit.

Los Angeles Superior Court Judge Malcolm H. Mackey tentatively dismissed several claims against Barker on Wednesday, saying he could not be sued for wrongful termination because he was not her employer.

Curling's attorney, Nick Alden, can amend the complaint to try to prove that Barker inflicted emotional distress, but Mackey dismissed that allegation for now.

Mackey also dismissed several claims lodged by Curling against FremantleMedia, but will allow Alden another chance to argue they should be included.

Attorneys for CBS and FremantleMedia declined to comment after the hearing.



Prison for man who smuggled while a gov't witness
Lawyer Blog News | 2008/08/07 10:24
A man shot by a pair of Border Patrol agents during a drug smuggling attempt was sentenced to nearly a decade in prison Wednesday for separate smuggling incidents committed while he was waiting to testify against the agents.

Osvaldo Aldrete Davila, who was wounded in the buttocks while fleeing from an abandoned marijuana load in 2005, was sentenced to 9 1/2 years in prison for his role in two other smuggling efforts later that same year.

His sentencing came a little more than a week after a federal appeals court upheld lengthy sentences for the two agents convicted in his shooting, Ignacio Ramos and Jose Alonso Compeau. Several members of Congress have called on President Bush to commute the agents' sentences or pardon them.

Aldrete was shot in February 2005, and testified against the agents in their 2006 trial, telling jurors he was unarmed when he was shot as he ran toward Mexico after a brief scuffle with Compean. Ramos and Compean argued they believed Aldrete had a weapon.

Aldrete pleaded guilty in April to two counts of possession with the intent to distribute a controlled substance, and one count each of conspiracy to import a controlled substance and conspiracy to possess a controlled substance.



Judge tosses sex crime convictions of DNA exonoree
Court Feed News | 2008/08/06 14:13
A judge on Tuesday recommended clearing the record of a wrongly convicted man who spent 25 years in prison for a series of sex crimes he did not commit.

Steven Phillips responded by removing a tracking device that had been strapped to his ankle since December, when he was released from prison on parole. He held up the ankle monitor to a cheering courtroom packed with a dozen family members and at least six fellow exonorees, who collectively served more than 100 years in prison until DNA tests proved their innocence.

"There was a lot of faith involved — the faith of my mother, the faith of my friends and my own faith," said Phillips, 50. "It's a wonderful day."

The judge's recommendation comes about a year after DNA testing showed Phillips was innocent of a 1982 sexual assault and burglary. Additional DNA testing earlier this year linked the crimes to Sidney Alvin Goodyear, who died in prison in 1998.

Phillips will be officially exonerated once the state Court of Criminal Appeals upholds the judge's recommendation or Gov. Rick Perry grants a pardon.

Phillips said he spent his time in prison writing letters to his mother and three children. Two were in court Tuesday, including Spc. Zachary Phillips, who wore his dress uniform and has served two tours in Iraq.

"I would wake up and say, I'm innocent ... ," Phillips said. "Sometimes that was all there was to hang onto. Unfortunately, it took 25 years to come into play."

Phillips is one of 19 men in Dallas County since 2001 proven innocent by DNA testing, a national high, according to the Innocence Project, a New York-based legal center that represented Phillips and specializes in wrongful convictions.



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