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Court to hear challenge to speed up California executions
Court Watch |
2017/06/06 09:06
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The California Supreme Court will hear arguments Tuesday over a ballot initiative designed to speed up executions that could fundamentally change the way the court handles death penalty appeals.
Death penalty opponents are challenging a ballot measure passed by a slim majority of voters in November that aimed to reform a dysfunctional system that hasn't executed a condemned killer in more than a decade.
Foes of capital punishment argue that Proposition 66 was unconstitutional because it would take power away from the state's high court to decide how it handles cases and it would disrupt the court system, cost the state more money and undermine the appeals process.
If allowed to take effect, the measure would require more lawyers to take death penalty appellate cases, some trial court judges would be assigned appeals and all state appeals would have to be completed in five years, which is about a third of the time it typically takes.
With a backlog of 380 death penalty appeals, there's concern judges would be overwhelmed trying to speed through appeals, said Elisabeth Semel, a law professor at University of California, Berkeley, who consulted for death penalty opponents on the case.
"There's an enormous ripple effect to that," said Semel, who directs the school's death penalty clinic. "The attention the justices can pay to each individual case is significantly diminished. When you're talking about life and death, that's important."
The ballot initiative supported by 51 percent of voters was designed to "mend not end" capital punishment in California, where nearly 750 inmates are on Death Row and only 13 have been executed since 1978.
A competing measure to repeal capital punishment lost by a slightly wider margin. Both sides acknowledged the current system is broken.
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Alabama asks US Supreme Court to let execution proceed
Breaking Legal News |
2017/06/06 09:06
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Alabama’s attorney general on Monday asked the U.S. Supreme Court to let an execution proceed this week, arguing that questions about a lethal injection drug have been settled by the courts.
Attorney General Steve Marshall’s office asked the justices to let the state proceed with Thursday’s scheduled execution of Robert Melson who was convicted of killing three Gadsden restaurant employees during a 1994 robbery.
The 11th U.S. Circuit Court of Appeals last week granted a stay as it considers appeals from Melson and other inmates who contend that a sedative used by Alabama called midazolam will not render them unconscious before other drugs stop their lungs and heart. The state argues there was no reason to grant the stay since midazolam’s use in lethal injections has been upheld by the high court, and the court has let executions proceed using midazolam in Alabama and Arkansas.
“Alabama has already carried out three executions using this protocol, including one less than two weeks ago in which this court, and the Eleventh Circuit, denied a stay,” lawyers with the attorney general’s office wrote in the motion
“If the stay is allowed to stand, Melson’s execution will be delayed many months, if not years. The State, the victims’ families, and the surviving victim in this case have waited long enough for justice to be delivered. This Court should vacate the lower court’s stay,” attorneys for the state wrote.
Melson is one of several inmates who filed lawsuits, which were consolidated, arguing that the state’s execution method is unconstitutional. A federal judge in March dismissed the lawsuits, and the inmates appealed to the 11th Circuit saying the judge dismissed their claims prematurely.
A three-judge panel of 11th Circuit judges did not indicate whether they thought the inmates would succeed in their appeals. Rather, the judges wrote Friday that they were staying Melson’s execution to avoid the “untenable” prejudging of the inmates’ cases.
Midazolam is supposed to prevent an inmate from feeling pain, but several executions in which inmates lurched or moved have raised questions about its use. An Arkansas inmate in April lurched about 20 times during a lethal injection. Melson’s lawyers wrote in a Friday motion that Alabama “botched” a December execution in which inmate Ronald Bert Smith coughed and moved for the first 13 minutes.
“Mr. Smith’s botched execution supports the argument that midazolam is a vastly different drug than pentobarbital. It does not anesthetize the condemned inmate, and because it does not anesthetize, defendants’ use of potassium chloride is unconstitutional,” Melson’s attorneys wrote last week.
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High court limits seizure of assets from drug conspiracies
Court Watch |
2017/06/04 09:06
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The Supreme Court is limiting the government's ability to seize assets from people who are convicted of drug crimes but receive little of the illegal proceeds.
The justices ruled Monday that a Tennessee man convicted for his role selling iodine water purification filters to methamphetamine makers does not have to forfeit nearly $70,000 in profits.
Terry Honeycutt helped sell more than 20,000 filters at his brother's hardware store. Prosecutors said the brothers knew the iodine was used by local meth cooks.
Honeycutt's brother pleaded guilty and forfeited $200,000 of the $270,000 in profits. But Honeycutt argued he wasn't responsible for the rest since he didn't personally see any profits.
A federal appeals court ruled against Honeycutt, saying everyone who joins a drug conspiracy can be required to give up profits.
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Mom sentenced in Australian court for drowning 3 children
Law Center |
2017/06/03 20:01
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A mother who drowned three of her children and attempted to kill a fourth by driving the family car into an Australian lake was sentenced Tuesday to 20 years and six months in prison.
Akon Guode, 37, drove a SUV carrying four of her seven children into the lake in Melbourne in April 2015. Her 5-year-old daughter Alual survived after passersby pulled her from the partially submerged car.
But Guodes' 16-month-old son Bol and 4-year-old twins, Hanger and her brother Madit, died.
Victoria state Supreme Court Justice Lex Lasry said he would have sentenced Goude to life in prison if she had not pleaded guilty to murder and attempted murder.
"People don't understand why you did what you did," the judge said. "In my opinion, your actions were the product of extreme desperation," he added.
Goude wept and wailed through her sentencing hearing as the judge outlined her crimes and her troubled life that led to it.
Born one of 16 children in 1979, she fled Sudan's civil war in which her husband died and arrived in Australia as a refugee in 2006.
The judge set a non-parole period of 20 years and said she will likely be deported on release. Her hometown, the city of Wau, is now in South Sudan, which became an independent country in 2011. It's not clear to which country she will be deported. |
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Court sides with towns over utilities in tax dispute
Criminal Law |
2017/06/03 19:59
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Two electric utilities seeking to reduce their property taxes in dozens of towns across New Hampshire lost an appeal Friday to the state Supreme Court.
Eversource and the New Hampshire Electric Cooperative sought tax abatements from 64 towns in 2011 and 2012, but the state Board of Tax and Land Appeals rejected most of those requests, and the utilities appealed.
The utilities argued that towns' property tax assessments were too high and that their property taxes instead should be based on a valuation formula used by the state Department of Revenue Administration in levying a separate utility tax.
In the ruling released Friday, the court sided with the towns, though it said it was troubled by substantial differences in assessments by towns for property tax purposes and assessments by the state for utility taxes. The court said such disputes could be avoided by adopting a uniform appraisal method, a decision for the Legislature, not the courts.
Eversource spokesman Martin Murray said the company has a duty to dispute valuations made by communities the company considers extreme outliers compared to the state assessments. He said the company remains concerned about the wide discrepancies. |
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Court filing questions innocence panel insistence on secrecy
Court Watch |
2017/06/03 19:59
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As a man convicted of murder tries to prove to the North Carolina's innocence commission that he didn't commit the crime, his attorney says the commission has misled a judge in order to keep its files secret, causing delays in the case.
Attorney Chris Mumma represents Robert Bragg, who's serving a sentence of life without parole for a 1994 slaying. Bragg contends he's innocent. Last September his case came before the North Carolina Innocence Inquiry Commission, a state agency established to investigate and evaluate post-conviction innocence claims. The commission referred it to a three-judge panel, which is scheduled to hold a hearing in July — 10 months after the original commission hearing and two months after the original May hearing date.
The delay came, in part, as Bragg's attorney fought a protective order that the commission said was necessary to shield a confidential investigative file. The commission said evidence in the file was obtained through methods that require it to be kept under a stricter level of judicial protection than other criminal investigative files.
But in a court filing, Mumma says the commission misrepresented the file's contents. In fact, only one protective order was found in the documents, and defense attorneys already had received that file, Mumma said in the court filing last month in Bragg's case.
While Mumma now has the full commission file and can use it in this appeal, the protective order means she can't use it again in the future without seeking a judge's permission.
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Supreme Court Justice Neil Gorsuch: Rule of law 'a blessing'
Human Rights |
2017/06/02 19:59
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Supreme Court Justice Neil Gorsuch acknowledged Friday that there is "a lot of skepticism about the rule of law" in the country but defended the United States judicial system as "a blessing" and "a remarkable gift" during a talk at Harvard University.
The court's newest justice marveled that in America "nine old people in polyester black robes" and other judges can safely decide cases according to their conscience and that the government can lose cases without resorting to the use of armed force to impose its will.
"That is a heritage that is very, very special," he said. "It's a remarkable gift. Travel elsewhere. See how judges live. See whether they feel free to express themselves."
Gorsuch, made the comments during his first public appearance since joining the high court in a conversation with fellow Justice Stephen Breyer at Harvard University.
Gorsuch said that particularly in tumultuous times it's important to convince the next generation "that the project (of justice) is worth it because many of them have grave doubts."
"I think there is a lot of skepticism about the rule of law, but I see it day in and day out in the trenches — the adversarial process of lawyers coming to court and shaking hands before and after, the judges shaking hands as we do, before we ascend to the bench," he said. "That's how we resolve our differences in this society."
Gorsuch, who was nominated to the high court earlier this year by Republican President Donald Trump, said he believes there is still confidence in the judicial system. He said that 95 percent of all cases are decided in the trial court, while only 5 percent are appealed, and the Supreme Court hears about 80 cases in a good year.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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