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Court to review order for Calif. to reduce inmates
Court Watch | 2010/06/15 10:43
The U.S. Supreme Court on Monday said it will review whether California must cut its prison population by nearly 40,000 inmates to improve medical and mental health care, escalating a legal battle that has been playing out for two decades.

The justices agreed to hear the state's appeal of a court order to reduce its inmate population by December 2011. The state argues that a panel of three federal judges overstepped its authority.

The administration of Gov. Arnold Schwarzenegger acknowledges the state's 33 adult prisons are filled beyond their intended capacity but says it has been making progress to improve health care for inmates. The case involves lawsuits that stretch back to 1990 and include repeated court findings of intolerable prison conditions that violate the Constitution.

At one point, a federal judge said incompetence and malfeasance in California's prison medical system was the cause of one inmate death per week. The prison health care system has operated under the authority of a court-appointed receiver since April 2006.



Utah man facing firing squad seeks federal stay
Breaking Legal News | 2010/06/15 10:41

A death row inmate set to be executed by firing squad Friday is scrambling to block his execution after losing an appeal at the Utah Supreme Court and failing to persuade the state parole board to grant him clemency.

Ronnie Lee Gardner's attorneys are now ramping up a federal civil rights lawsuit filed last week against the Utah Board of Pardons and Parole. Gardner contends the commutation hearing process is tainted because lawyers that represent the board and the state prison all work for the Utah attorney general's office — the same entity that sought Gardner's death warrant and argued against a commuted sentence.

The case is assigned to U.S. District Judge Tena Campbell, but no hearing had been set Tuesday.

The parole board on Monday rejected Gardner's efforts to get his death sentence reduced to life in prison without parole, and hours later, the Utah Supreme Court unanimously denied Gardner's appeal.

In its 57-page ruling, justices said it was too late for Gardner to challenge his sentence and that he had been treated fairly throughout his 25 years of appeals.



High court rejects appeal in rendition case
Breaking Legal News | 2010/06/14 08:53

The Supreme Court has rejected an appeal from a Canadian engineer who was caught up in the U.S. government's secret transfer of terror suspects to other countries.

The court did not comment Monday in ending Syrian-born Maher Arar's quest to sue top U.S. officials, including former Attorney General John Ashcroft. Arar says he was mistaken for a terrorist when he was changing planes in New York on his way home to Canada, a year after the 2001 terrorist attacks. He was instead sent to Syria, where he claims he was tortured.

Lower courts dismissed Arar's lawsuit, which asserts the U.S. purposely sent him to Syria to be tortured. Syria has denied he was tortured.

The Canadian government agreed to pay Arar $10 million and apologized to him for its role in the case.

A Canadian investigation found that the Royal Canadian Mounted Police wrongly labeled Arar an Islamic fundamentalist and passed misleading and inaccurate information to U.S. authorities.

The inquiry determined that Arar was tortured, and it cleared him of any terrorist links or suspicions.



Kagan confirmation would affect major tobacco case
Law Center | 2010/06/14 08:53

It's a simple matter of math: Elena Kagan's nomination to the Supreme Court has complicated the government's effort to force the tobacco industry to cough up nearly $300 billion.

If confirmed by the Senate as a justice, Kagan would have to sit out high court review of the government's decade-old racketeering lawsuit against cigarette makers. That's because she already has taken sides as solicitor general, signing the Obama administration's Supreme Court brief in the case — an automatic disqualifier.

Kagan is expected to step aside from 11 of the 24 cases the court has so far agreed to hear beginning in October.

Without her, the government and anti-tobacco advocates could find it difficult, if not impossible, to find a fifth vote to allow the government to seek $280 billion of past tobacco profits and $14 billion for a national campaign to curb smoking.

The justices are expected to consider whether to take up the tobacco lawsuit at their private conference on June 24. If they decide to go ahead, they would hear argument in the fall or winter.



Jackson doctor fighting to keep medical license
Court Watch | 2010/06/14 04:53

Nearly a year after he went from anonymity to notoriety, Michael Jackson's doctor returns to court for a pretrial hearing that will determine when he goes to trial and what he will be able to do in the meantime.

Dr. Conrad Murray is likely to face the usual placards and catcalls from Jackson fans denouncing him outside the courthouse and members of Jackson's family glaring at him inside the courtroom Monday.

First on the agenda will be Murray's fight to retain his California medical license. He has not been practicing in the state, but his attorney, Ed Chernoff, has maintained that loss of his license here would have a domino effect on his practices in Texas and Nevada.

Chernoff said in documents filed Friday that those two states have reached agreements to allow Murray to practice as long as he abides by a judge's order not to administer anesthetics such as propofol, which was blamed in Jackson's death.



Obama plans fourth tour of Gulf oil spill
Politics | 2010/06/14 03:52

Struggling to show leadership in a crisis, President Barack Obama is embarking on a three-state tour of Gulf Coast states tainted by oil before speaking to the nation about the country's worst environmental disaster and what to expect in the weeks ahead.

Before the start Monday of a two-day trip to Mississippi, Alabama and Florida, the White House announced Obama would order BP to establish a major victims' compensation fund. When he returns to Washington on Tuesday evening Obama will use his first Oval Office speech as president to address the catastrophe.

BP said in a statement that its costs for responding to the spill had risen to $1.6 billion, including new $25 million grants to Florida, Alabama and Mississippi. It also includes the first $60 million for a project to build barrier islands off the Louisiana coast. The estimate does not include future costs for scores of damage lawsuits already filed.

Obama's first three trips to the Gulf took him to the hardest-hit state, Louisiana. On Monday, Day 56 since BP's leased Deepwater Horizon drilling rig exploded and unleashed a fury of oil into the Gulf, he's flying to Gulfport, Miss. From there he'll travel along the coast to Alabama, where oil was washing up in heavy amounts along the shores Sunday in the eastern part of the state.



Calif. high court to hear church's property appeal
Court Watch | 2010/06/14 02:56
The California Supreme Court has decided to hear an Orange County church's appeal to keep its beachfront church property, despite breaking away from the main Episcopal Church.

St. James Anglican Church, a theologically conservative breakaway church, has waged a nearly six-year fight to keep the church property instead of returning it to the Diocese of Los Angeles.

St. James is one of several dozen individual parishes and four dioceses nationwide that voted to split from the national church after the 2003 consecration of the first openly gay Episcopal bishop.

State courts have sided with the Los Angeles diocese throughout the six-year legal case. The church lost its petition to have the case heard in the U.S. Supreme Court last year.



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