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Judges rip Texas courts in death penalty case
Lawyer Blog News |
2008/07/02 15:51
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A federal appeals court blasted Texas courts for refusing to hold a hearing to consider evidence that a convicted killer may be mentally disabled, therefore ineligible for the death penalty. A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ordered a federal evidentiary hearing for Michael Wayne Hall, who was sentenced to die for the 1998 slaying of a 19-year-old woman abducted as she rode her bicycle to work. The panel criticized both the trial court and the state's highest criminal appeals court for relying on written arguments rather than holding an open evidentiary hearing in Hall's case. "The facts before us are a core manifestation of a case where the state failed to provide a full and fair hearing and where such a hearing would bring out facts which, if proven true, support ... relief," the judges said. The ruling late Monday reversed the findings of a federal district judge who upheld the state courts' rejection of defense attorneys' claims that Hall is mentally disabled. The U.S. Supreme Court has ruled that mentally disabled people may not be executed. |
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N.D. Supreme Court revives workers' comp charges
Lawyer Blog News |
2008/07/01 14:52
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North Dakota's Supreme Court revived two felony charges Monday against a former state workers' compensation director, saying prosecutors may put him on trial for allegedly misspending more than $18,000 in agency funds. Sandy Blunt was forced out as Workforce Safety and Insurance's director last December. He had been the agency's top executive since April 2004. Blunt is accused of illegally spending $7,200 on bonuses for Jodi Bjornson, the top lawyer at Workforce Safety and Insurance; John Halvorson, the agency's chief of employer services; and Mark Armstrong, its communications director. He also is charged with making $11,384 in unauthorized expenditures over a number of months for food, gifts, trinkets and other items for employee meetings and functions, and on meals for state legislators. The money paid for grill rentals, trolley rides to a meeting at Fort Lincoln State Park, four cases of peppermint patties, Fourth of July holiday items, and candy and balloons for "Bring Your Kids to Work Day," among other items. Prosecutors say the misspending on employee gifts is a felony punishable by up to 10 years in prison and a $10,000 fine. Awarding the bonuses, they say, is a lesser felony, punishable by five years in prison and a $5,000 fine. |
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Ga. court upholds partial banishment for offenders
Lawyer Blog News |
2008/07/01 13:52
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Faced with the question of whether banishment for criminals in Georgia should be banned, the state's top court answered Monday with its own caveat: It depends on how far the ban extends. The Georgia Supreme Court acknowledged with its 6-1 decision that banishing convicted criminals from the state is illegal, but it upheld a tactic by judges who ban them from living in all but one of Georgia's 159 counties. That's what happened to Gregory Mac Terry, who was restricted from living everywhere in Georgia except rural Toombs County after he pleaded guilty in 1995 to charges he assaulted and stalked his estranged wife. Defense attorneys call the strategy "de facto" banishment. Prosecutors say the orders are a way to rid criminals from populated areas and protect victims from repeat offenses. In Terry's case, they said, the restrictions are needed to protect his wife. Writing for the majority, Justice Harris Hines said judges can legally skirt the ban on banishment when they restrict convicts like Terry from all but one county. |
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Florida prepares for 1st execution since foul up
Lawyer Blog News |
2008/06/30 12:41
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Florida's new procedure for lethal injections could be tested Tuesday when executioners strap down a condemned inmate for the first time since a botched execution. Mark Dean Schwab, 39, is scheduled to die exactly 16 years after he was sentenced in the 1991 kidnapping, rape and murder of 11-year-old Junny Rios-Martinez. Florida officials say they have resolved problems with the December 2006 execution of Angel Diaz when needles were accidentally pushed through his veins, causing the lethal chemicals to go into his muscles instead, delaying his death for 34 minutes — twice as long as normal. Some experts said that would cause intense pain. Then-Gov. Jeb Bush stopped all executions after Diaz was killed, but Florida and other states were also held up as they waited for the U.S. Supreme Court to rule the three-drug method of lethal injection used by Kentucky was constitutional. Thirty-four other states, including Florida, use a similar method. Florida's new procedure requires the warden to make sure the inmate is unconscious following the injection of the first chemical, sodium pentothal. Then the executioner will inject pancuronium bromide to paralyze his muscles and potassium chloride to stop his heart. It also requires people with medical training to be involved in the process. Schwab and his attorneys aren't so sure the problems are fixed. An analysis done for Schwab's lawyers showed that nine of the 30 mock executions performed by Florida's Department of Corrections between September 2007 and May were failures, said one of his state-paid attorneys, Mark Gruber. The corrections department said its mock exercises have included preparation for potential problems such as a combative inmate, the incapacity of an execution team member, power failure and finding a vein. |
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Summaries of leading Supreme Court rulings
Lawyer Blog News |
2008/06/29 15:39
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Brief summaries of the rulings from the leading cases before the Supreme Court in its just-ended term: GUN BAN Ruled that Americans have a right to own guns for self-defense and hunting. It was the justices' first major pronouncement on gun rights in history. The 5-4 ruling struck down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms laws intact. Within two days, lawsuit were filed in San Francisco and Chicago challenging similar handgun bans. The court had not conclusively interpreted the amendment since its ratification in 1791. The amendment reads: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia. Writing for the majority, Justice Antonin Scalia said an individual right to bear arms is supported by "the historical narrative" both before and after the amendment was adopted. The Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home," Scalia said. The court also struck down Washington's requirement that firearms be equipped with trigger locks or kept disassembled, but left intact the licensing of guns. Joining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas. |
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Supreme Court asserts broad gun rights
Lawyer Blog News |
2008/06/26 18:21
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Americans have an individual right to possess and use firearms, even when the guns are not related to service in a government militia. In a historic ruling, the US Supreme Court on Thursday declared 5 to 4 that the Second Amendment's guarantee of a right to "keep and bear arms" means that the government cannot enact an outright ban on certain commonly held weapons or otherwise prevent citizens from having a gun at home for personal protection or other lawful uses. The landmark constitutional pronouncement came as the nation's highest court struck down a 32-year ban on private possession of handguns in Washington, D.C. The court also invalidated two other strict gun-control measures in the district that required that rifles and shotguns at all times be kept disassembled or secured with a trigger lock. The case is District of Columbia v. Heller. "We hold that the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense," Justice Antonin Scalia wrote in the majority opinion. The majority justices said the District's strict gun regulations violated "the right of law-abiding responsible citizens to use arms in defense of hearth and home." Justice Scalia's majority opinion was joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito. In a dissent, Justice Stephen Breyer said the case would spawn unfortunate consequences. "The decision threatens to throw into doubt the constitutionality of gun laws throughout the United States," Justice Breyer wrote. "I can find no sound legal basis for launching the courts on so formidable and potentially dangerous a mission." Scalia and the majority justices declined to spell out precisely the legal standard future courts should use in weighing whether someone's Second Amendment right had been infringed. But they left no doubt that it is a robust one. "Under any standards of scrutiny that we have applied to enumerated constitutional rights, banning from the home the most preferred firearm in the nation to keep and use for protection of one's home and family, would fail constitutional muster," Scalia wrote. While the high court struck down the Washington, D.C., regulations, it remains unclear how many other gun-control measures may now be on shaky constitutional ground. Some analysts suggest that a handgun ban in Chicago, similar to the ban in Washington, may emerge as the next constitutional battleground over gun rights. Scalia sought to address concerns by many critics – and the dissenting justices – that such a ruling might lead to an arms race among American homeowners stocking up with machine guns, grenades, and rocket launchers. "The right secured by the Second Amendment is not unlimited," Scalia wrote. "Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill," he said. The opinion did not undermine laws "forbidding the carrying of firearms in sensitive places such as schools and government buildings," he said. He added that the opinion did not undercut laws imposing conditions and qualifications on the commercial sale of arms. |
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