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Convicted killer to be sentenced for 4th time
Court Feed News | 2010/06/18 12:43

An Oregon jury is considering whether to sentence to death a convicted killer who has already been given the death penalty three times.

A Deschutes County Circuit Court jury in Bend on Wednesday will be the fourth to decide whether Randy Lee Guzek should die.

The 41-year-old was convicted of aggravated murder in 1988 for killing Rod and Lois Houser at their home in Terrebonne, just north of Redmond.

His death sentence has been overturned three times since his conviction.

Guzek was 18 when he and two other men shot and stabbed the Housers, then ransacked their house.

A tearful Guzek apologized for his crimes and told the jury he now blames himself, not an abusive father or drugs.



Fla. homeowners lose beach dispute at high court
Court Feed News | 2010/06/17 17:20

The Supreme Court ruled on Thursday that Florida can undertake beach-widening projects without paying beachfront property owners who lose exclusive access to the water.

The court, by an 8-0 vote, rejected a challenge by six homeowners in Florida's Panhandle who argued that a beach-widening project changed their oceanfront property into oceanview. Justice John Paul Stevens took no part in the case in which the court affirmed an earlier ruling.

Private property advocates had hoped the court would rule for the first time that a court decision can amount to a taking of property.

The court's four conservatives — Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas — were prepared to rule that way, even though the homeowners still would have lost in this case, Scalia said in his opinion for the court. But they lacked a fifth vote.

The Constitution requires governments to pay "just compensation" when they take private property for public use.



New trial ordered in Texas swinger's club case
Court Feed News | 2010/06/17 15:21

An appeals court has overturned the conviction of an east Texas man accused of grooming children as young as 5 to perform in sex shows at a small-town swingers club.

The 14th Court of Appeals in Houston on Thursday ordered a new trial for 43-year-old Patrick "Booger Red" Kelly. He was sentenced to life in prison two years ago after a jury found him guilty of engaging in organized criminal activity.

The three-judge panel agreed with Kelly's claim that he had not been allowed to present a proper defense.

Authorities alleged that Kelly was a member of the so-called Mineola Swinger's Club. They accused him of helping set up a "kindergarten" where children learned to dance provocatively. Kelly testified that he was innocent.



Planned NM uranium mine not on Navajo land
Court Feed News | 2010/06/16 13:58

A New Mexico-based uranium producer plans to move forward with a mining operation in the western part of the state after that a federal appeals court ruled Tuesday that its land is not part of Indian Country.

The full 10th U.S. Circuit Court of Appeals in Denver ruled in a 6-5 decision that the U.S. Environmental Protection Agency erred when it determined that a parcel of land near the Navajo community of Church Rock was Indian land.

The decision means that Hydro Resources Inc. can seek an underground injection control permit from the state of New Mexico rather than the EPA, which has permitting authority on tribal lands.

Hydro Resources wants to inject chemicals into the ground to release uranium and pump the solution to the surface in a process called in-situ leaching.



Court to review order for Calif. to reduce inmates
Court Feed News | 2010/06/15 17:43
The U.S. Supreme Court on Monday said it will review whether California must cut its prison population by nearly 40,000 inmates to improve medical and mental health care, escalating a legal battle that has been playing out for two decades.

The justices agreed to hear the state's appeal of a court order to reduce its inmate population by December 2011. The state argues that a panel of three federal judges overstepped its authority.

The administration of Gov. Arnold Schwarzenegger acknowledges the state's 33 adult prisons are filled beyond their intended capacity but says it has been making progress to improve health care for inmates. The case involves lawsuits that stretch back to 1990 and include repeated court findings of intolerable prison conditions that violate the Constitution.

At one point, a federal judge said incompetence and malfeasance in California's prison medical system was the cause of one inmate death per week. The prison health care system has operated under the authority of a court-appointed receiver since April 2006.



Jackson doctor fighting to keep medical license
Court Feed News | 2010/06/14 11:53

Nearly a year after he went from anonymity to notoriety, Michael Jackson's doctor returns to court for a pretrial hearing that will determine when he goes to trial and what he will be able to do in the meantime.

Dr. Conrad Murray is likely to face the usual placards and catcalls from Jackson fans denouncing him outside the courthouse and members of Jackson's family glaring at him inside the courtroom Monday.

First on the agenda will be Murray's fight to retain his California medical license. He has not been practicing in the state, but his attorney, Ed Chernoff, has maintained that loss of his license here would have a domino effect on his practices in Texas and Nevada.

Chernoff said in documents filed Friday that those two states have reached agreements to allow Murray to practice as long as he abides by a judge's order not to administer anesthetics such as propofol, which was blamed in Jackson's death.



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