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4th Arkansas inmate executed in 8 days lurches on gurney
Law Firm Press | 2017/04/28 13:49
Arkansas executed its fourth inmate in eight days Thursday night, wrapping up an accelerated schedule with a lethal injection that left the prisoner lurching and convulsing 20 times before he died.

Kenneth Williams, 38, was pronounced dead at 11:05 p.m., 13 minutes after the execution began at the Cummins Unit prison at Varner.

Arkansas had scheduled eight executions over an 11-day period before one of its lethal injection drugs expires on Sunday. That would have been the most in such a compressed period since the U.S. Supreme Court reinstated the death penalty in 1976, but courts issued stays for four of the inmates.

The four lethal injections that were carried out included Monday's first double execution in the United States since 2000.

"I extend my sincerest of apologies to the families I have senselessly wronged and deprived of their loved ones," Williams said in a final statement he read from the death chamber. "... I was more than wrong. The crimes I perpetrated against you all was senseless, extremely hurtful and inexcusable."

Williams also spoke in tongues, the unintelligible but language-like speech used in some religions. But his prayer faded off as the sedative midazolam took effect. His final words were, "The words that I speak will forever be, will forever ..." before he fell silent.

The inmate breathed heavily through his nose until just after three minutes into his execution, when his chest leaped forward in a series of what seemed like involuntary movements. His right hand never clenched and his face remained what one media witness called "serene."

After the jerking, Williams breathed through his mouth and moaned or groaned once — during a consciousness check — until falling still seven minutes into the lethal injection.

Williams was sentenced to death for killing a former deputy warden, Cecil Boren, after he escaped from prison in 1999. At the time of his escape in a 500-gallon barrel of hog slop, Williams was less than three weeks into a life term for the death of a college cheerleader.


Trump repeats criticism of court that halted 1st travel ban
Law Firm Press | 2017/04/25 13:50
President Donald Trump is once again taking aim at a federal appeals court district that covers Western states, saying he is considering breaking up a circuit that is a longtime target of Republicans and is where his first travel ban was halted.

Yet it would take congressional action to break up the 9th U.S. Circuit Court of Appeals. Republicans have introduced bills this year to do just that.

Asked Wednesday during a White House interview by the Washington Examiner if he'd thought about proposals to break up the court, Trump replied, "Absolutely, I have."

"There are many people that want to break up the 9th Circuit. It's outrageous," he told the Examiner. He accused critics of appealing to the 9th district "because they know that's like, semi-automatic."

The comments echoed his Twitter criticism of the court Wednesday morning.

Trump called U.S. District Judge William Orrick's preliminary injunction against his order stripping money from so-called sanctuary cities "ridiculous" on Twitter. He said he planned to take that case to the Supreme Court. However, an administration appeal of the district court's decision must go first to the 9th Circuit.

Republicans have talked for years about splitting the circuit into two appellate courts, but earlier legislative proposals have failed, most recently in 2005. Those battles have often pitted lawmakers from California against members from smaller, more conservative states.

Critics say the court has a liberal slant, a high caseload and distances that are too far for judges to travel. The circuit is the largest of the federal appellate courts, representing 20 percent of the U.S. population. It includes California, Alaska, Hawaii, Washington, Oregon, Montana, Idaho, Nevada, Arizona, Guam and the Northern Mariana Islands.

The circuit has 29 judges, many more than the 5th, which is the next largest circuit with 17 judges. It was created in 1891 when the American West was much less populated.

Democrats have opposed the split. Sen. Dianne Feinstein, D-Calif., was a leading opponent in the 2005 push, which she said was politically motivated. She has suggested adding judges to the court instead.


High court sides with Goodyear in sanctions dispute
Lawyer Blog News | 2017/04/21 07:09
A unanimous Supreme Court is siding with Goodyear Rubber & Tire Co. in a dispute over $2.7 million the company and its lawyers were ordered to pay in a personal injury case.

The justices on Tuesday sent the case back to a lower court to decide whether an Arizona family injured in a 2003 motor home accident is entitled to the entire amount.

The family sued Goodyear after they were seriously injured when a tire failed on their motor home, causing it to flip off the road. After settling the case in 2010, the family discovered the company hadn't turned over key testing data.

A federal judge said nearly all of the family's attorney fees could be blamed on the misconduct. A federal appeals court agreed.



Conservatives fault Arkansas court for halting executions
U.S. Legal News | 2017/04/21 07:07
Arkansas' attempt to carry out its first execution in nearly 12 years wasn't thwarted by the type of liberal activist judge Republicans regularly bemoan here, but instead by a state Supreme Court that's been the focus of expensive campaigns by conservative groups to reshape the judiciary.

The court voted Wednesday to halt the execution of an inmate facing lethal injection Thursday night, two days after justices stayed the executions of two other inmates. The series of 4-3 decisions blocking the start of what had been an unprecedented plan to execute eight men in 11 days were only the latest in recent years preventing this deeply Republican state from resuming capital punishment.

The possibility that justices could continue sparing the lives of the remaining killers scheduled to die this month has left death penalty supporters including Republican Gov. Asa Hutchinson frustrated and critical of the high court.

"I know the families of the victims are anxious for a clear-cut explanation from the majority as to how they came to this conclusion and how there appears to be no end to the court's review," Hutchinson said in a statement after the Wednesday ruling.

Since the last execution in 2005, the state Supreme Court has at least twice forced Arkansas to rewrite its death penalty law. One of those cases spared Don Davis, who again received a stay Monday night. The legal setbacks at one point prompted the state's previous attorney general, Dustin McDaniel, to declare Arkansas' death penalty system "broken."

But unlike the earlier decisions, this stay came from a court that had shifted to the right in recent elections. Outside groups and the candidates spent more than $1.6 million last year on a pair of high court races that were among the most fiercely fought judicial campaigns in the state's history. Arkansas was among a number of states where conservative groups spent millions on such efforts.



Pakistan court to decide on accusations against PM's family
Business Law Info | 2017/04/21 07:07
Under tight security, Pakistan's top court is to deliver a much-awaited decision on Thursday on corruption allegations against Prime Minister Nawaz Sharif's family which could determine his political future.

If the Supreme Court announces punitive measures against Sharif or his family members as part of the decision, it may lead to a crisis in government. In 2012, the same court convicted then-Premier Yusuf Raza Gilani in a contempt case, forcing him to step down.

Thursday's decision will be the outcome of petitions from opposition lawmakers dating back to documents leaked in 2016 from a Panama-based law firm that indicated Sharif's sons owned several offshore companies.

Sharif's family has acknowledged owning offshore businesses.

The opposition wants Sharif, in power since 2013, to resign over tax evasion and concealing foreign investment. Sharif has defended his financial record.

Information Minister Maryam Aurangzeb told reporters the government will "accept the court decision."

Naeemul Haq, a spokesman for cricketer-turned-politician Imran Khan, whose party is leading the petition, said the decision will be an "historic one."

Lawyer A.K. Dogar, who is not involved in the probe by the Supreme Court or the petition, said the decision could determine the political fate of Sharif.

Senior opposition politician Mehnaz Rafi, from Khan's party, told The Associated Press she hopes the decision will help recover tax money from Sharif's family and others who set up offshore companies to evade taxes. If the court finds Sharif's family evaded paying taxes, she said he should resign as he will no longer have "moral authority to remain in power."

The prime minister has insisted his father built up the family business before Sharif entered politics in the 1980s. Sharif says he established a steel mill abroad while he was exiled to Saudi Arabia by former military ruler Pervez Musharraf, who seized power in a coup in 1999.


Not guilty pleas entered for accused in Canada polygamy case
Business Law Info | 2017/04/19 14:07
The trial of two Canadian men from a fundamentalist sect that allows men to have multiple wives opened Tuesday with not guilty pleas being entered on charges of practicing polygamy.

Winston Blackmore and James Oler each face one count of polygamy. Both men have served as bishops for the religious settlement of Bountiful, British Columbia which follows the teachings of the Fundamentalist Church of Jesus Christ and Latter-Day Saints, often referred to as the FLDS.

Oler is accused of having four wives. He pleaded not guilty. Blackmore remained mute and Justice Sheri Ann Donegan said a not guilty plea would be entered on his behalf. Blackmore is accused of marrying 24 women over 25 years.

Blackmore's lawyer, Blair Suffredine, said outside court his client chose to say nothing for religious reasons.

"He doesn't want to deny his faith. He doesn't feel guilty," Suffredine said. "The technical way around that is don't say anything and they'll enter the plea not guilty."

Special prosecutor Peter Wilson told the court his case includes marriage records seized from the church's Yearning for Zion Ranch in Texas, which were used in 2010 to sentence leader Warren Jeffs to life in a U.S. prison for sexually assaulting two young girls.


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