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Supreme Court rules for Alabama death row inmate
Breaking Legal News |
2019/03/01 11:16
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The Supreme Court is ordering a new state court hearing to determine whether an Alabama death row inmate is so affected by dementia that he can't be executed.
The justices ruled 5-3 on Wednesday in favor of inmate Vernon Madison, who killed a police officer in 1985. His lawyers say he has suffered strokes that have left him with severe dementia.
Chief Justice John Roberts joined the court's four liberals in siding with Madison.
The high court ruling is not the end of the case. Justice Elena Kagan says in her majority opinion that, if the state wants to put Madison to death, an Alabama state court must determine that Madison understands why he is being executed.
The justices have previously said the constitutional ban on cruel and unusual punishment means that people who are insane, delusional or psychotic cannot be executed.
But Kagan, reading a summary of her ruling, said, "Based on our review of the record, we can't be sure that the state court recognized that Madison's dementia might render him incompetent to be executed."
Justices Samuel Alito, Neil Gorsuch and Clarence Thomas, who last year would have allowed the execution to proceed without hearing the case, dissented. Justice Brett Kavanaugh was not yet on the court when arguments took place in early October. |
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High court rules for retired US marshal in W.Va. tax dispute
Breaking Legal News |
2019/02/17 02:11
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The Supreme Court said Wednesday that the state of West Virginia unlawfully discriminated against a retired U.S. marshal when it excluded him from a more generous tax break given to onetime state law enforcement officers.
The court ruled unanimously for retired marshal James Dawson.
West Virginia law exempts state law enforcement retirees, including former policemen and firefighters, from paying income tax on their retirement benefits. But retired U.S. Marshals Service employees such as Dawson haven’t been getting that tax advantage.
Justice Neil Gorsuch wrote that because there aren’t any significant differences between Dawson’s former job responsibilities and those of state law enforcement retirees, “we have little difficulty concluding” that West Virginia’s law unlawfully discriminates against Dawson under federal law.
West Virginia had argued that it wasn’t doing anything wrong and that Dawson was getting the same benefit, a $2,000 income tax exemption, that applies to virtually all retired federal, state and local employees in West Virginia. The state said that only a “surpassingly small” number people who participate in specific, state-managed retirement plans get the exemption Dawson wanted to claim.
The U.S. government had backed Dawson, who served in the U.S. Marshals Service from 1987 to his retirement in 2008. He led the Marshals Service in the Southern District of West Virginia for the past six years.
In 2013, he filed paperwork seeking to amend his tax returns for two years and claim the more favorable tax exemption. Dawson said the state owed him $2,174 for 2010 and $2,111 for 2011. State tax officials disagreed, so Dawson took his case to court.
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Opera singer, husband appear in court on sex assault charge
Breaking Legal News |
2019/02/11 01:54
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A renowned Michigan opera singer and his husband have appeared in a Texas court to face charges of sexually assaulting another man in 2010.
University of Michigan professor and countertenor David Daniels and William Scott Walters each made an initial appearance in a Harris County court Monday and were released on $15,000 bonds. A Harris County District Attorney spokesman says they were ordered to surrender their passports.
Daniels and Walters were arrested in Ann Arbor, Michigan, last month on warrants arising from the criminal complaint of Samuel Schultz. He told The Associated Press the couple drugged and assaulted him when he was living in Houston as a 23-year-old graduate student.
Lawyer Matt Hennessy says his clients are innocent and looking forward to a court hearing on Schultz's "false claims." |
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High court upholds texting suicide manslaughter conviction
Breaking Legal News |
2019/02/06 10:54
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The involuntary manslaughter conviction of a young woman who encouraged her boyfriend through dozens of text messages to kill himself was upheld Wednesday by Massachusetts' highest court.
The Supreme Judicial Court agreed with a lower court judge who found that Michelle Carter caused Conrad Roy III's death when she told him to "get back in" his truck that was filling with toxic gas after he told her he was scared. The judge said Carter had a duty to call the police or Roy's family when she knew he was killing himself.
"And then after she convinced him to get back into the carbon monoxide filled truck, she did absolutely nothing to help him: she did not call for help or tell him to get out of the truck as she listened to him choke and die," Justice Scott Kafker wrote in the Supreme Judicial Court's ruling.
Carter's lawyers noted the only evidence she instructed Roy to get back in the truck was a long, rambling text she sent to a friend two months later in which she called Roy's death her fault.
Carter was 17 when Roy, 18, was found dead of carbon monoxide poisoning in July 2014. Carter, now 22, was sentenced to 15 months in jail, but has remained free while she pursues her appeals.
Prosecutors had argued Carter could have stopped Roy from killing himself, but instead bullied him into going through with his plan through text messages that became more insistent as he delayed.
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NC high court sidesteps decision on tracking sex offenders
Breaking Legal News |
2019/02/01 11:05
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The North Carolina Supreme Court is brushing aside a rapist's appeal that he shouldn't be forced into a lifetime of electronic monitoring after serving his 41-year prison sentence.
The state's highest court on Friday let stand without comment that 50-year-old Darren Gentle must submit to GPS monitoring after his release, projected for 2048. Gentile was convicted in Randolph County in 2016 of violently raping a 25-year-old pregnant woman with whom he'd been taking drugs.
The court is still considering a separate case on whether forcing sex offenders to be perpetually tracked by GPS-linked devices is justified or is unreasonable search and violates the Constitution. The pending decision in Torrey Grady's case comes after the U.S. Supreme Court ruled that mandating GPS ankle monitors for ex-cons is a serious privacy concern.
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Appeals court sides with Trump in transgender military case
Breaking Legal News |
2019/01/03 15:37
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A federal appeals court is siding with the Trump administration in a case about the Pentagon's policy of restricting military service by transgender people.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled Friday that a lower-court judge was wrong to block the Pentagon from implementing its preferred policy. The unsigned ruling will not allow the Pentagon to put in place its desired policy, however, because three other judges have entered orders blocking the administration in similar cases.
Military policy until a few years ago had barred service by transgender people. That changed under President Barack Obama, but President Donald Trump said he would reverse course, leading to lawsuits by transgender people.
The administration already has asked the Supreme Court to weigh in on the issue. The high court has not said whether it will.
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Spanish court gears up for high-stakes trial of separatists
Breaking Legal News |
2018/12/15 10:53
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A preliminary hearing in a rebellion case against Catalan separatists Tuesday displayed some of the dynamics between defense and prosecutors expected during a trial that is likely to dominate Spanish politics.
Altogether, 18 former politicians and activists from the Catalonia region are charged with rebellion, sedition, disobedience and misuse of public funds for their parts in an attempt to secede from Spain last year.
At Tuesday's hearing, a panel of seven magistrates heard from defense attorneys who argued the trial should be heard by the top regional court in Catalonia rather than Spain's highest court in Madrid.
Prosecutors countered that Madrid was the proper venue, saying the events that led regional lawmakers to make a unilateral declaration of independence on Oct. 27, 2017 had ramifications outside of Catalonia.
The country's top court also has jurisdiction, prosecutors argued, because the secession attempt affected all Spaniards.
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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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