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Supreme Court troubled by DA's rejection of black jurors
Business |
2015/11/02 22:00
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The Supreme Court signaled support Monday for a black death row inmate in Georgia who claims prosecutors improperly kept African-Americans off the jury that convicted him of killing a white woman.
Justice Stephen Breyer likened the chief prosecutor to his excuse-filled grandson. Justice Elena Kagan said the case seemed as clear a violation "as a court is ever going to see" of rules the Supreme Court laid out in 1986 to prevent racial discrimination in the selection of juries.
At least six of the nine justices indicated during arguments that black people were improperly singled out and kept off the jury that eventually sentenced defendant Timothy Tyrone Foster to death in 1987.
Foster could win a new trial if the Supreme Court rules his way. The discussion Monday also suggested that a technical issue might prevent the justices from deciding the substance of Foster's case.
Georgia Deputy Attorney General Beth Burton had little support on the court for the proposition that prosecutor Stephen Lanier advanced plausible "race-neutral" reasons that resulted in an all-white jury for Foster's trial. Foster was convicted of killing 79-year-old Queen Madge White in her home in Rome, Georgia.
Several justices noted that Lanier's reasons for excusing people from the jury changed over time, including the arrest of the cousin of one black juror. The record in the case indicates that Lanier learned of the arrest only after the jury had been seated. "That seems an out and out false statement," Justice Ruth Bader Ginsburg said.
Breyer drew an analogy with a grandson who was looking for any reason not to do his homework, none of them especially convincing.
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Court documents quantify impact of gay marriage in Kansas
Business |
2015/09/20 22:22
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Court documents are offering a glimpse at the early impact of the gay marriage ruling in Kansas.
The latest filing Tuesday from state officials comes in the lawsuit challenging the constitutionality of the Kansas ban on same-sex marriages. A federal judge has ruled the state’s ban is unconstitutional in the wake of the recent U.S. Supreme Court decision that legalized such unions nationwide.
But he gave the parties extra time to make written filings on whether Kansas has made good on its assurances that it will comply.
One affidavit shows that the Kansas State Employee Health Benefits Plan has granted health insurance coverage to 48 same-sex spouses.
Another document shows Sedgwick County has issued at least 160 marriage licenses to same-sex couples, while Douglas County issued about 60 such licenses.
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OJ Simpson appeal rejected by Nevada Supreme Court
Business |
2015/09/11 15:04
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Imprisoned former football star O.J. Simpson lost his latest appeal of his 2008 kidnapping and armed robbery conviction in Las Vegas.
A three-member Nevada Supreme Court panel rejected Simpson's request for a new trial, ruling in a 16-page order Thursday that there was no reason to overturn a lower court judge's decisions in the case.
"We ... conclude the district court did not err in denying these claims," justices Ron Parraguire, Michael Douglas and Michael Cherry said.
Simpson lawyers filed the appeal last October, arguing that Clark County District Court Judge Linda Marie Bell was wrong to deny Simpson a new trial on charges that got Simpson sentenced to 9 to 33 years in a botched hotel room heist.
Simpson lawyers Patricia Palm, Ozzie Fumo and Tom Pitaro argued that his trial attorney mishandled his case and had conflicts of interests. The three attorneys didn't immediately respond to messages late Thursday, and it wasn't immediately known if Simpson was aware of the ruling.
Simpson, 68, is serving his sentence in a northern Nevada prison after a jury found him guilty of multiple felonies for leading five other men in a September 2007 confrontation with two sports memorabilia dealers at a Las Vegas hotel. Two of the men with Simpson testified they brought guns, at Simpson's request.
The Heisman Trophy winner, NFL Hall of Fame member and former television and movie star didn't testify at his robbery trial in Las Vegas. His attorneys, Yale Galanter and Gabriel Grasso, claimed Simpson was just trying to retrieve items stolen from him after his 1995 acquittal in Los Angeles in the deaths of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman.
The Supreme Court in September 2010 rejected a previous Simpson appeal, filed by Galanter.
Simpson's appeal argued that his multiple convictions and sentences for assault with a deadly weapon and robbery with use of a deadly weapon constitute double-jeopardy; that Galanter should have challenged his multiple convictions and punishments; and that the jury should have been given a chance to consider lesser kidnapping and theft offenses.
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Peterson returns to court in murder-for-hire trial
Business |
2015/07/07 14:19
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Former suburban Chicago police sergeant Drew Peterson is due back in court as his trial on charges of plotting to kill a prosecutor approaches.
A hearing in the case is scheduled for Tuesday in the southern Illinois county where Peterson is imprisoned.
He's pleaded not guilty to charges of soliciting an unidentified prison inmate to kill Will County State's Attorney James Glasgow.
Glasgow prosecuted the 2012 case in which Peterson was sentenced to 38 years in prison for the bathtub drowning death of his ex-wife Kathleen Savio eight years earlier. Her death was initially ruled an accident, but the case was re-opened after the 2007 disappearance of Peterson's fourth wife.
The Randolph County trial was scheduled to begin Monday, but has been rescheduled to start on August 28.Peterson returns to court in murder-for-hire trial.
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Bryant tells court it should affirm same-sex marriage ruling
Business |
2015/07/05 13:56
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Gov. Phil Bryant remains opposed to the U.S. Supreme Court ruling legalizing same-sex marriage nationwide, but he’s stopping his court fight against it.
In a letter Wednesday, Bryant’s lawyer asks the 5th U.S. Circuit Court of Appeals to return a Mississippi gay marriage lawsuit to U.S. District Judge Carlton Reeves in Jackson. That would allow Reeves to enter a final ruling aligned with the Supreme Court decision.
Reeves overturned Mississippi’s gay marriage ban last year, but put his ruling on hold. The appeals court also put a hold on Reeves’ ruling.
Those procedural blocks need to be lifted, but most Mississippi counties are already issuing marriage licenses to same-sex couples.
Lawyers for plaintiffs want judges to act before July 4, to “celebrate the promise of liberty and freedom for all.”
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Court says net neutrality rules will go into effect Friday
Business |
2015/06/13 12:12
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Rules that treat the Internet like a public utility and prevent companies from blocking or slowing down some online traffic will go into effect Friday after a federal appeals court refused to delay them.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said it won't postpone implementation of the net neutrality regulations even though AT&T, Verizon, and other companies are fighting against them. The panel said the United States Telecom Association, the plaintiffs in the case, did not satisfy the requirements for a stay.
The ruling is a setback for the industry, but the litigation will go on. The court accepted the Telecom Association's request to speed up the proceedings and asked the two sides to submit a schedule for briefing within two weeks.
Last February, the FCC agreed in a 3-2 vote to new rules that specifically prohibit service providers from blocking or slowing Internet traffic. To make sure the FCC has the authority to punish violators, the agency agreed to put Internet service in the same regulatory camp as the telephone and other utilities. That means providers would have to act in the "public interest" when supplying Internet service and refrain from "unjust or unreasonable" business practices.
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Court report raises conflict-of-interest concern in Ferguson
Business |
2015/05/13 11:46
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The lines separating government powers have been blurred among Ferguson's court staff, police and prosecutor, raising concerns about potential conflicts of interest, according to a report released Monday by Missouri's judiciary.
The state report examining Ferguson's municipal court system comes as a follow-up to a highly critical U.S. Justice Department report released earlier this year, which asserted that the city's police and courts had been used as a revenue-generating machine.
The Justice Department review was prompted by the fatal shooting last August of 18-year-old Michael Brown, who was black, by a white Ferguson police officer.After the federal review, the Missouri Supreme Court in March appointed appeals Judge Roy Richter to take over the Ferguson court and asked court administration experts to take a look at how things were working.
The new report summarizes the observations and recommendations of those unnamed experts, noting several potential conflicts of interest that caused concern.
Until very recently, the report said, court staff were required to report to the police chief. That structure "potentially compromises the separation our government is to have" between the judicial and executive branches, the report said. |
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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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