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Evidence challenged: Miss. court blocks execution
Breaking Legal News | 2013/05/08 22:58
The Mississippi Supreme Court has indefinitely delayed Tuesday's scheduled execution of Willie Jerome Manning amid questions involving evidence in the case, intervening hours before he was set to die for the slayings of two college students.

Manning, who had challenged errors involving evidence analysis, was originally set to receive a lethal injection at 6 p.m. CDT at the state prison in Parchman. But with mere hours remaining, the high court blocked the execution until it rules further in the case.

Manning was convicted in 1994 in the shooting deaths of two Mississippi State University students, Jon Steckler and Tiffany Miller. Their bodies were found in a rural area in December 1992.

The FBI has said in recent days that there were errors in agents' testimony about ballistics tests and hair analysis in the case.

Manning's lawyers had argued in recent filings before the Mississippi Supreme Court that the execution should be blocked based on the U.S. Justice Department's disclosures about testimony that it says exceeded the limits of science.

The court ruled 8-1 on Tuesday for a stay. The court had previously split 5-4 in decisions in the case.


Italy court upholds Berlusconi tax fraud verdict
Breaking Legal News | 2013/05/08 22:57
Former Premier Silvio Berlusconi's tax fraud conviction and four-year prison sentence were upheld on the first appeal Wednesday in a case that could see him barred from public office for five years.

In Italy, defendants are legally considered innocent until all appeals are exhausted, and Berlusconi's lawyers are expected to appeal the case to the nation's highest Court of Cassation once the reasoning for the decision is published.

Still, the ruling, which comes just days before prosecutors wrap up closing arguments in his sensational sex-for-hire trial, raises the question of whether Berlusconi's days as a political force are numbered.

His center-right forces are allied with the Democratic Party in a grand coalition, and although Berlusconi holds no governmental posts he remains influential. It was his decision to head the center-right coalition, after initially saying he would move aside for younger leaders, that gave a boost to his forces in February's election campaign, finishing a close second to the center-left.


US man pleads guilty to supporting terrorism
Breaking Legal News | 2013/04/20 00:57
A man who the FBI said wanted to wage violent jihad in Africa pleaded on guilty on Friday to a charge of conspiracy to provide material support to terrorists.

Randy Lamar Wilson, 26, pleaded guilty in federal court in Mobile. Under a plea agreement with prosecutors, he could face 15 years in federal prison, contingent on the information he provides about co-conspirators. U.S. District Judge Kristi DuBose set an Oct. 18 sentencing date for Wilson.

Wilson was arrested in December at the Atlanta airport while boarding a flight with his family to Mauritania.

The same day, agents arrested 25-year-old Mohammad Abdul Rahman Abukhdair, Wilson's former business partner. Charges against Abukhdair are still pending and his trial is set for August.

Federal prosecutors portrayed Wilson as an Islamic radical who wanted to reunite with Omar Hammami, an American who also grew up in Alabama and became one of the most well-known jihadists in Somalia.

Wilson told DuBose on Friday that he believed the


Court shoots down Yakama tobacco company lawsuit
Breaking Legal News | 2013/04/12 15:08
A federal judge has ruled that a tobacco manufacturer owned by a Yakama Nation tribal member must pay into an escrow account established under a 1998 settlement with big tobacco companies.

The 1998 settlement required big tobacco companies to pay money to 46 states each year to offset public health costs from their products. Smaller companies are required to pay into an escrow account, but that money could be returned eventually if no health claims are made.

King Mountain Tobacco claims it should be exempt from paying into the escrow accounts under the Yakama Nation's 1855 treaty with the federal government. King Mountain is owned by Yakama tribal member Delbert Wheeler.

U.S District Judge Lonny Suko ruled against the company on Friday.


Court: EPA can stop some power plant modifications
Breaking Legal News | 2013/03/29 23:04
A federal appeals court says government regulators can try to halt construction projects at power plants if they think the companies didn't properly calculate whether the changes would increase air pollution.

The U.S. Environmental Protection Agency sued DTE Energy in 2010 because the company replaced key boiler parts at its Monroe Unit 2 without installing pollution controls that are required whenever a utility performs a major overhaul. DTE said the project was only routine maintenance.

U.S. District Judge Bernard Friedman threw out the suit, saying EPA went to court too soon.

But the Sixth U.S. Circuit Court of Appeals overturned his decision Thursday. In a 2-1 ruling, the court says the law doesn't block EPA from challenging suspected violations of its regulations until long after power plants are modified.


Fla. to execute mass killer after court lifts stay
Breaking Legal News | 2012/10/24 16:25
A convicted mass killer from the 1970s is again scheduled for execution Tuesday after an appeals court lifted a last-minute stay that was based on his mental illness. His attorneys sought a last-minute reprieve from the U.S. Supreme Court.

The execution of John Ferguson, 64, was tentatively back on for 6 p.m. at Florida State Prison pending a final order from the governor's office, state corrections officials said. Ferguson has been on Florida's death row for 34 years.

The 11th U.S. Circuit Court of Appeals on Monday lifted a stay put in place over the weekend by a judge in Florida. Ferguson's lawyers argued he is mentally ill and therefore the Constitution prohibits the state from executing him.

His attorneys sought reinstatement of the stay in an emergency filing Tuesday morning with the U.S. Supreme Court. There was no immediate ruling from the justices.

Ferguson was convicted of killing eight people in South Florida in 1977 and 1978, including a teenage couple.

Two of the three appeals court judges in Atlanta ruled that U.S. Judge Daniel Hurley "abused" his discretion on Saturday when he issued a stay in the case.


High court won't stop Texas voting map
Breaking Legal News | 2012/09/20 15:27
The Supreme Court is allowing Texas to use congressional districts that were drawn by a lower federal court for the November election.

The court declined without comment Wednesday a request from a Latino rights group to block use of those districts. The groups said the districts discriminate against minorities.

The court-drawn map is intended for use only in this year's election.

The League of United Latin American Citizens said the map has the same flaws identified by federal judges in Washington who last month rejected political boundaries drawn by Texas lawmakers as discriminatory.

The interim congressional map was used in Texas' primaries in May and was devised to let the state hold elections while courts considered challenges to redistricting plans adopted by the Legislature following the 2010 census.


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