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After Court Ruling, States to Proceed With Executions
Lawyer Blog News | 2008/04/23 15:38

States began moving forward with plans for executions this week after the Supreme Court declined last Wednesday to review the appeals of death row inmates who had challenged lethal-injection methods in nearly a dozen states.

The court had issued orders staying several executions last year and earlier this year while it weighed whether Kentucky's lethal-injection procedure constituted cruel and unusual punishment. States had postponed at least 14 scheduled executions pending the high court's decision, creating a de facto moratorium on capital punishment, according to the Death Penalty Information Center, which opposes capital punishment.

In a 7 to 2 vote last week, the justices said the three-drug cocktail used by Kentucky, which is similar to the one employed by the federal government and 34 other states, does not carry so great a risk of pain that it violates the Constitution's ban on cruel and unusual punishment.

With three executions already scheduled for this summer, Virginia could be the first state to carry out the punishment after the resolution of the Kentucky case. The state has scheduled a May 27 execution date for Kevin Green, who killed a couple in Brunswick County; June 10 for Percy L. Walton, who killed three neighbors in Danville; and July 24 for Edward Nathaniel Bell, who shot a police officer in Winchester.

"I actually expect to see a spate of scheduled executions," said Richard Dieter, executive director of the Death Penalty Information Center.

Dieter said that despite its approval of Kentucky's lethal-injection procedure, the Supreme Court left room for lawyers to contest other states' procedures. "That sets the stage for a state-by-state resolution of this conflict," he said.

Attorneys contesting lethal injections have focused on training and procedures as ways to challenge them.

In numerous cases before federal and state courts, attorneys have argued that people who deliver anesthesia do not know how to insert a needle properly into a vein. They have contended that lighting has been poor during some executions, limiting the ability to see mistakes. And they have argued that some technicians hired to conduct medical procedures are not qualified.



Court lifts stays of execution for 3 death row inmates
Lawyer Blog News | 2008/04/21 19:52
Prosecutors moved quickly Monday to set new execution dates for three death-row inmates, hours after the Supreme Court lifted a reprieve it granted last fall so it could consider the constitutionality of lethal injection.

The court blocked the executions of Thomas Arthur of Alabama, Earl Wesley Berry of Mississippi and Carlton Turner of Texas last fall while it considered a challenge to Kentucky's lethal injection procedures.

The high court ruled 7-2 last week that the procedures are not cruel, and the justices' last-minute orders temporarily sparing the three inmates automatically expired when the justices denied their appeals Monday.

Lisa Smith, a Dallas County assistant district attorney who handles capital cases, said Monday that the execution of Turner, who was convicted of killing his parents, likely will be set for summer.



Attorney: Reiser not guilty of murder
Lawyer Blog News | 2008/04/21 14:55
The attorney for Hans Reiser argued Monday the prosecution in his client's murder case has failed to prove Reiser killed his estranged wife — if she is even dead at all.

During his third day of closing arguments, William DuBois again told the jury that the software engineer's odd behavior after his wife went missing does not prove guilt because he is an "eccentric intellect."

DuBois told the jury how his client is not normal, and his strange behavior — such as not looking for his wife or ripping the passenger seat out of his car — does not illustrate his guilt, but rather his eccentricities.

"I've stipulated he's not normal," DuBois said. He then turned to his client and said, "Sorry, Hans, you're not normal."

DuBois said all the jury needs to do is look at the video of him explaining his computer file system at a seminar at Google to see he is a "genuine nerd" and not like most other people.

DuBois added his strange behavior "is not because he is hiding evidence, but because he is strange."

However, DuBois added if jurors do find his client guilty, they should convict him of voluntary manslaughter — not the more serious charge of murder — because the crime would have been done in the "heat of passion."

Nevertheless, DuBois' main point was that the prosecution has not proven beyond a reasonable doubt its case against Reiser.



Guilty Plea in 'Miss America' Sex Sting
Lawyer Blog News | 2008/03/14 16:06
A man caught in an online sex sting in which a former Miss America posed as a teenage girl has pleaded guilty two weeks into his trial. Lawrence Carulli, 49, had argued that he was exploited for the sake of a true-crime television show. But he admitted Thursday to attempted dissemination of indecent material to a minor.

Carulli faces an expected five-year prison term. His sentencing was set for May 13.

"My best defense was going in front of a judge and hoping she would see my side," Carulli said outside the courtroom.

Carulli acknowledged he solicited sex online and drove from his home in Brown Mills, N.J., to Long Island for a liaison. He insisted he believed his correspondent was 24, but prosecutors maintained he knew she was 14.

Unbeknownst to Carulli, the electronic enticement was part of a police operation in which Miss America 2007 Lauren Nelson pretended to be a lonely 14-year-old girl. She chatted with men online and on the phone, drawing them to a home where a camera crew from television's "America's Most Wanted" was waiting. An episode involving the sting aired in 2007.

Carulli sensed something was wrong when he got to the house and left. He was arrested at a highway exit three miles away. His defense lawyer, Robert Macedonio, had called the arrest a stunt for the media, suggesting his client was coerced into making an incriminating statement and paraded before the "America's Most Wanted" cameras.

Carulli's guilty plea came after parts of a graphic chat-room transcript was read in court, and several police officials testified that Carulli confessed that he thought he was arranging for sex with a minor.

Seven other men also have pleaded guilty in the sting.



Reprieve Given to Guantanamo Detainee
Lawyer Blog News | 2008/03/14 15:02
A federal appeals court has given a reprieve to a Guantanamo Bay detainee who is fighting the Bush administration's effort to return him to Algeria where he says he likely would be tortured.

A panel of appeallate judges in Washington says the case of Ahmed Belbacha (AH-med bel-BA-kah) deserves another review by a U.S. District Court judge.

The appeals court ruling Friday says the probability of Belbacha prevailing is far from clear. But the court says he is entitled to further consideration in light of the seriousness of the harm he might face if he ends up back in his home country of Algeria.

Belbacha contends his life would be in danger, both from the government and from al-Qaida.



Fl Supreme Court disciplines two local attorneys
Lawyer Blog News | 2008/03/14 14:01

The Florida Supreme Court this week disciplined 19 attorneys, including two in Central Florida.

Norman Sanders Moss, 813 E. Michigan St., Orlando, was suspended until further order of the court following a Feb. 27 court order, and was ordered to stop acting as a personal representative for any estate, as guardian for any ward and as trustee for any trust.

The Florida Bar's petition for emergency suspension says Moss misappropriated $107,000 held in trust for clients. Moss, who retired from The Florida Bar Jan. 14, 2008, is currently the subject of five other Florida Bar disciplinary matters.

In addition, Paulette Deloise Singleton, 499 N. State Road 434, Suite 2019, Altamonte Springs, was disbarred for five years effective 30 days from a Feb. 14 court order.

The Bar says beginning in early 2006, Singleton began not adequately communicating with clients and failed to diligently pursue their cases. Clients attempting to reach her would find her phone disconnected, and one found mail piled outside her office door.

In one case, the Bar says she took a fee and did no work and then only partially refunded the fee. In another case, she was late for a final hearing with no evidence of preparation.

As an official agency of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the 80,000-plus lawyers admitted to practice law in Florida.



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