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Court skeptical of federal anti-fraud law
Lawyer Blog News |
2009/12/09 20:51
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The Supreme Court appeared inclined Tuesday to limit federal prosecutors' use of a fraud law that has helped win convictions of high-profile corporate executives and public officials, or throw out the law altogether. The justices, hearing two challenges to the honest services fraud law, seemed to be in broad agreement that the law is vague and has been used to make a crime out of mistakes, minor transgressions and mere ethical violations. Justice Stephen Breyer said he worries that the Obama administration's reading of the law makes criminals out of vast numbers of U.S. workers, including possibly employees who read The Daily Racing Form on the job. "There are 150 million workers in the United States. I think 140 of them would flunk the test," Breyer said. The vagueness of the honest services statute "is the working problem here," Justice Anthony Kennedy said. Justice Antonin Scalia called the law "a mush of language" and pointed out that federal prosecutors have used it different ways in different prosecutions. If the Justice Department can't figure out what is embraced by this law, "I don't know how you expect the average citizen to," Scalia said. |
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Smart case competency hearing begins second week
Lawyer Blog News |
2009/12/08 19:58
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A New York psychiatrist is expected in federal court to discuss the religious writings of the man accused of abducting Elizabeth Smart. According to Dr. Michael Welner, some of Brian David Mitchell's writings claim that Smart went with him willingly and with the permission of her parents. Mitchell drafted the "Book of Immanuel David Isaiah II" after his arrest and interrogations by police in March 2003. Welner is testifying as part of a 10-day competency hearing to determine whether Mitchell can stand trial in U.S. District Court. The competency hearing enters its second week Monday. Mitchell is charged with kidnapping and unlawful transportation of a minor across state lines. Prosecutors contend Mitchell is competent and faking an illness to avoid prosecution. |
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Ohio inmate to get 1-drug, slower execution
Lawyer Blog News |
2009/12/08 19:57
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Condemned killer Kenneth Biros could become the first person in the country put to death with a single dose of an intravenous anesthetic instead of the usual — and faster-acting — three-drug process if his execution proceeds Tuesday. The execution could propel other states to eventually consider the switch, which proponents say ends arguments over unnecessary suffering during injection. California and Tennessee previously considered then rejected the one-drug approach. Though the untested method has never been used on an inmate in the United States, one difference is clear: Biros will likely die more slowly than inmates put to death with the three-drug method, which includes a drug that stops the heart. Lethal injection experts on both sides of the debate over injection say thiopental sodium, which kills by putting people so deeply asleep they stop breathing, will take longer. How much longer is unclear: Mark Dershwitz, an anesthesiologist who advised Ohio on its switch to the single drug, has written death should occur in under 15 minutes. Ohio inmates have typically taken about seven minutes to die after the three-drug IV injection, which combines thiopental sodium with the drugs pancuronium bromide — which paralyzes muscles — and potassium chloride, which causes cardiac arrest. Dershwitz also said in a court filing last week that a single dose of thiopental sodium would take longer than the three drugs, though he didn't specify a time. |
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Ohio dismemberment killer files new delay request
Lawyer Blog News |
2009/12/07 20:05
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A condemned Ohio man asked a federal judge Thursday for an emergency order to stop next week's planned execution, arguing the state is rushing too fast to use its new, one-drug lethal injection process. Kenneth Biros said the untested method announced last month could jeopardize his right to an execution that does not constitute cruel and unusual punishment. Biros, 51, says moving ahead with the process would amount to human experimentation with a system never used before in the United States "or any other civilized country." Biros is concerned the method "will not result in the dignified, humane, quick, and painless death that is required by the federal and state constitutions," his attorneys said in Thursday's court filing. Biros has also challenged the one-drug method in federal court and also asked a federal appeals court in Cincinnati to delay Tuesday's execution. Biros killed 22-year-old Tami Engstrom near Warren in 1991 after he offered to drive her home from a bar, then scattered her body parts in Ohio and Pennsylvania. The state opposes any delay, and Gov. Ted Strickland on Thursday denied Biros' request for clemency. |
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Ohio inmate to get 1-drug, slower execution
Lawyer Blog News |
2009/12/07 20:04
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Condemned killer Kenneth Biros could become the first person in the country put to death with a single dose of an intravenous anesthetic instead of the usual — and faster-acting — three-drug process if his execution proceeds Tuesday. The execution could propel other states to eventually consider the switch, which proponents say ends arguments over unnecessary suffering during injection. California and Tennessee previously considered then rejected the one-drug approach. Though the untested method has never been used on an inmate in the United States, one difference is clear: Biros will likely die more slowly than inmates put to death with the three-drug method, which includes a drug that stops the heart. Lethal injection experts on both sides of the debate over injection say thiopental sodium, which kills by putting people so deeply asleep they stop breathing, will take longer. How much longer is unclear: Mark Dershwitz, an anesthesiologist who advised Ohio on its switch to the single drug, has written death should occur in under 15 minutes. Ohio inmates have typically taken about seven minutes to die after the three-drug IV injection, which combines thiopental sodium with the drugs pancuronium bromide — which paralyzes muscles — and potassium chloride, which causes cardiac arrest. Dershwitz also said in a court filing last week that a single dose of thiopental sodium would take longer than the three drugs, though he didn't specify a time. |
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FairPoint asks court to put rebates on hold
Lawyer Blog News |
2009/12/03 12:13
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FairPoint Communications has filed a court motion asking that it not be forced to give Maine customers rebates because of its poor service as the company works through bankruptcy. The company is objecting to the Maine Public Utilities Commission's regulatory order Monday that it pay rebates in the form of $1.72 a line per month for 12 months — a total of more than $8 million. In an emergency motion filed Thursday in U.S. Bankruptcy Court in New York, FairPoint says the penalties should be stayed while it's going through Chapter 11 bankruptcy proceedings. The North Carolina-based FairPoint has been beset by problems since it bought Verizon's land line and Internet operations in Maine, New Hampshire and Vermont in 2008. |
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