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Court rules for news groups in execution case
Breaking Legal News |
2012/06/09 23:48
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A federal appeals court ruled Friday that witnesses should have full viewing access to Idaho's upcoming execution, siding with The Associated Press and 16 other news organizations.
The 9th U.S. Circuit Court of Appeals issued the decision a day after hearing arguments in a lawsuit from the news groups seeking to change Idaho's protocol, saying it's unconstitutionally restrictive.
The case aims to strike down a portion of Idaho's regulations that prevent witnesses — including reporters acting as representatives of the public — from watching executions until after catheters have been inserted into the veins of death row inmates.
The lawsuit comes as lethal injections have drawn greater scrutiny, from whether the drugs are effective to whether the execution personnel are properly trained.
It's unclear how the ruling will affect the scheduled execution next week of Idaho death row inmate Richard Leavitt, who will be put to death by lethal injection. Leavitt was convicted of the 1984 murder of a Blackfoot woman.
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Powerbroker tied to Nevada Sen. Reid goes to court
Breaking Legal News |
2012/06/07 23:47
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A former developer and lobbyist with long ties to Senate Majority Leader Harry Reid and Nevada's political elite turned himself in to federal authorities Thursday after being indicted on criminal charges involving federal campaign contributions.
Harvey Whittemore planned to plead not guilty later in the day before a federal magistrate in Reno, his lawyer, John Arrascada, told The Associated Press.
Whittemore, 55, was indicted by a federal grand jury Wednesday on four counts related to campaign contributions made in 2007 to an unnamed elected federal official.
Once a kingpin in state political circles, Whittemore made campaign contributions to numerous politicians including Republican Sen. Dean Heller and Democratic Rep. Shelley Berkley. But records show only Reid received donations of more than $100,000 on a single day in 2007.
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High court protects Secret Service agents
Breaking Legal News |
2012/06/04 09:29
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The Supreme Court ruled Monday that two Secret Service agents are shielded from a lawsuit filed by a man they arrested after a confrontation with then-Vice President Dick Cheney.
The 8-0 decision comes in a case that began with the arrest of Steven Howards following a chance encounter with Cheney at a shopping center in Colorado in 2006. Howards claimed he was arrested because he expressed his anti-war views.
The agents and the Obama administration asked the court for broad protection against claims of retaliatory arrests. The justices did not grant that wish.
But Justice Clarence Thomas said in his opinion for the court that the agents could not be sued in this instance because of uncertainty about the state of the law concerning such arrests.
The decision reversed a ruling by the 10th U.S. Circuit Court of Appeals in Denver to allow Howards' lawsuit to go forward.
Howards, of Golden, Colo., was detained by Cheney's security detail after he told Cheney of his opposition to the war in Iraq. Howards also touched Cheney on the shoulder, then denied doing so under questioning. The appeals court said the inconsistency gave the agents reason to arrest Howards. |
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Ind. taxpayers lose high court fight over refunds
Breaking Legal News |
2012/06/04 09:28
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The Supreme Court has turned down homeowners in Indianapolis who sought tax refunds when the city changed its plan for paying for a new sewer line.
In a 6-3 ruling Monday, the court upheld the city's decision to refuse to refund taxes that some homeowners paid up front while it forgave the remaining taxes for people who paid on an installment plan.
Those who paid in full complained that the disparate treatment violated the Constitution's Equal Protection Clause.
But Justice Stephen Breyer said in his majority opinion that Indianapolis acted properly in changing the payment system because it wanted to reduce the administrative headaches of debt collection.
In dissent, Chief Justice John Roberts said the court was wrong to endorse such a gross disparity in tax treatment.
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Court: Judges shouldn't have overturned conviction
Breaking Legal News |
2012/05/29 10:12
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The Supreme Court has overturned an appeals court decision that would have released a Pennsylvania man convicted of helping to kill a woman in an alley nearly two decades ago.
A federal appeals court ruled that there wasn't enough evidence to uphold the conviction of Lorenzo Johnson. Johnson was convicted of first-degree murder and conspiracy as an accomplice in the December 1995 shotgun murder of Taraja Williams.
The 3rd U.S. Circuit Court of Appeals said the evidence at trial was insufficient to prove that Johnson intended the victim's death, and a federal judge ordered Johnson's release.
But the high court, in reversing the decision, said it is longstanding precedent that it is up to juries, not judges, to decide what conclusions should be drawn from evidence submitted at trial. The only way that can be reversed is that "no rational trier of fact could have agreed with the jury," the justices said.
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Kan. gov. signs measure blocking Islamic law
Breaking Legal News |
2012/05/26 14:49
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Kansas Gov. Sam Brownback has signed a law aimed at keeping the state's courts or government agencies from basing decisions on Islamic or other foreign legal codes, and a national Muslim group's spokesman said Friday that a court challenge is likely.
The new law, taking effect July 1, doesn't specifically mention Shariah law, which broadly refers to codes within the Islamic legal system. Instead, it says courts, administrative agencies or state tribunals can't base rulings on any foreign law or legal system that would not grant the parties the same rights guaranteed by state and U.S. constitutions.
"This bill should provide protection for Kansas citizens from the application of foreign laws," said Stephen Gele, spokesman for the American Public Policy Alliance, a Michigan group promoting model legislation similar to the new Kansas law. "The bill does not read, in any way, to be discriminatory against any religion."
But supporters have worried specifically about Shariah law being applied in Kansas court cases, and the alliance says on its website that it wants to protect Americans' freedoms from "infiltration" by foreign laws and legal doctrines, "especially Islamic Shariah Law." |
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Court won't reduce student's music download fine
Breaking Legal News |
2012/05/21 08:57
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The Supreme Court has refused to take up a Boston University student's constitutional challenge to a $675,000 penalty for illegally downloading 30 songs and sharing them on the Internet.
The high court on Monday refused to hear an appeal from Joel Tenenbaum, of Providence, R.I., who was successfully sued by the Recording Industry Association of America for illegally sharing music on peer-to-peer networks. In 2009, a jury ordered Tenenbaum to pay $675,000, or $22,500 for each song he illegally downloaded and shared.
A federal judge called that unconstitutionally excessive, but the 1st U.S. Circuit Court of Appeals in Boston reinstated the penalty at the request of Sony BMG Music Entertainment, Warner Brothers Records Inc. and other record labels represented by the RIAA.
The judge will have a new opportunity to look at the case and could again order the penalty reduced, using different legal reasoning.
Chief Justice John Roberts and Justice Stephen Breyer did not participate in the high court's consideration of the case.
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