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Court to decide if man can fight death sentence
Court Feed News |
2010/03/25 16:13
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The Supreme Court on Wednesday questioned whether an Alabama death row inmate can challenge his second death sentence with an argument state officials said he didn't use when he was first sentenced to die for shooting a county sheriff. Lawyers for Billy Joe Magwood want to argue that Alabama law was changed to make Magwood's crime a capital offense after it had already been committed. Defendants aren't allowed to appeal using arguments that could have been brought in the original case, but Magwood's lawyers say that since he was sentenced to die a second time, he should be able to use a new argument in his second round of appeals. "If it's the second time around, then it's just barred," Justice Anthony Kennedy said. "Well, it shouldn't be barred. Because it's a new judgment, the defendant should be able to get relief the second time around," said Jeffrey L. Fisher, Magwood's lawyer. Magwood, 58, has been on Death Row since 1981 for the shooting death of Coffee County Sheriff Neil Grantham in 1979. He got that death sentence thrown out, but then was resentenced to death. |
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Ohio officer takes murder appeal to US high court
Court Feed News |
2010/03/24 15:10
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A former Ohio police officer convicted of killing his pregnant girlfriend and their unborn daughter is asking the U.S. Supreme Court for a new trial. Lawyers for Bobby Cutts Jr. filed an appeal with the nation's highest court earlier this month. The Ohio Supreme Court declined to review Cutts' case. The former Canton patrolman is serving a life sentence in the killings of Jessie Davis and the nearly full-term fetus she was carrying. Her disappearance in 2007 prompted a huge search that drew national attention. Cutts' attorneys say the trial should have been moved because of all the publicity. Defense lawyer Fernando Mack says the Supreme Court should review the case because it has "uniqueness." |
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Court sides with debtor in student loan case
Court Feed News |
2010/03/23 15:01
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A unanimous Supreme Court has ruled in favor of a man who wanted his student loans dismissed through bankruptcy without having to prove that paying the money back would cause an "undue hardship." Justice Clarence Thomas said Tuesday in his opinion for the court that debtors must normally prove undue hardship. Thomas said the bankruptcy judge was wrong to approve Francisco Espinosa's bankruptcy plan in 1993, but the lender did not object at the time. The judge's error was not serious enough to undo the agreement, Thomas said. The case involved a dispute over $4,582 in interest on Espinosa's four student loans. |
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Connecticut Supreme Court rules in education case
Court Feed News |
2010/03/22 14:17
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Connecticut's Supreme Court has ruled in favor of a lawsuit that could lead to major changes in the state's education system and how it is funded. The decision released Monday says the state constitution promises an education that prepares students for a job or higher education. The Connecticut Coalition for Justice in Education Funding had sued, saying achievement gaps between rich and poor towns showed some students are not receiving an adequate education to prepare them for jobs and adult life. The decision could force a review of the state's 22-year-old formula for funding schools, which the group says has drastically hurt some towns and their students. |
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NYC settles jail strip-search suit for $33 mil
Court Feed News |
2010/03/22 11:17
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Two women who claimed they were forced to have gynecological exams and others strip-searched in city jails have settled a class-action lawsuit with the city for $33 million. The suit was filed on behalf of people arrested on misdemeanor drug and weapons charges and strip-searched at Rikers Island and other jails. Under the agreement, class members can receive between $1,800 and $2,900 each, depending on how many people respond. The plaintiffs who claimed they were forced into gynecological exams are entitled to $20,000 each for their alleged injury and suffering, according to the decision reached last week and finalized Monday. The case included people arrested, but not convicted, between July 15, 1999 and Oct. 4, 2007. The court has already ruled that the practice violated the prisoners' constitutional rights. |
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NJ gay marriage battle back in court
Court Feed News |
2010/03/19 16:30
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Gay couples who sued New Jersey for the right to marry once before are taking their case back to court. Six couples plus the surviving partner from a seventh filed a motion Thursday claiming the state continues to discriminate against them even though it offers civil unions to same-sex couples. The original suit, filed in 2002, resulted in a 2006 New Jersey Supreme Court decision that came one vote short of requiring the state to legalize gay matrimony. After an effort to get lawmakers to legalize gay marriage, the effort fizzled out. Opponents say that there's no constitutional right for gay couples to wed and that civil unions are working. Gay marriage is legal in Connecticut, Iowa, Massachusetts, New Hampshire and Vermont. |
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