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Supreme Court rejects appeal from Virginia killer
Court Watch | 2010/01/26 04:50
A new execution date could be set soon for death-row inmate Paul Warner Powell, whose most recent appeal was rejected yesterday by the U.S. Supreme Court.

Powell, 31, twice has been sentenced to death for the Jan. 29, 1999, murder of Stacie Lynn Reed, 16, in her Manassas-area home. After killing Stacie, he raped and cut the throat of her 14-year-old sister, Kristie, who survived.

Last July, a day before he was to die in the electric chair, the justices halted the execution until they decided whether to hear his appeal. His petition was denied yesterday without comment.

"Praise God," the Reeds' mother, Lorraine Reed Whoberry, wrote in an e-mail when she learned of the court's decision.

Whoberry, who lives in Ohio, has said she has forgiven Powell but also believes the sentence should be carried out.

It is not known when a new execution date will be set.


California: Court Rejects Marijuana Limit
Court Watch | 2010/01/22 07:11
The State Supreme Court struck down a law that sought to limit the amount of marijuana a medical patient can legally possess. The court, in a unanimous decision, ruled that state lawmakers were wrong to change provisions of a voter-approved proposition in 1996 that allowed patients with a doctor’s recommendation to possess an unspecified amount of marijuana.

The Legislature mandated in 2003 that each patient could have a maximum of 8 ounces of dried marijuana. The Supreme Court said only voters could change amendments that they have added to the St


Supreme Court Upholds Ala. Man's Death Penalty
Court Watch | 2010/01/21 09:20

The U.S. Supreme Court upheld the death sentence of an Alabama man who claimed his attorneys failed to present key evidence of his borderline mental retardation. The justices said the defense made a strategic decision, not a negligent omission.

Holly Wood shot and killed his ex-girlfriend as she slept in her Troy, Ala., home in 1993. Wood lost his appeal in state court, but won habeas relief in federal court. The district court criticized the defense for putting an inexperienced attorney in charge of the penalty phase. According to the federal judge, the state court's holdings constituted "an unreasonable application of federal law."

It ordered the state to either resentence Wood to life without parole or conduct a new sentencing hearing.The Supreme Court upheld the 11th Circuit's reversal, saying it wasn't "unreasonable" to conclude that Wood's attorneys had made a strategic decision not to introduce evidence of Wood's mental deficiencies.
   
"Most of the evidence Wood highlights ... speaks not to whether counsel made a strategic decision, but rather to whether counsel's judgment was reasonable - a question we do not reach," Justice Sonia Sotomayor wrote for the 7-2 majority.



Judge: Kilpatrick at fault, he must pay $320,000
Court Watch | 2010/01/21 04:23

The end was almost certainly worse than what Kwame Kilpatrick expected.

Grilled for six days on the witness stand -- his integrity questioned by prosecutors who said that if they couldn't send him to jail, they'd settle for $225,000 -- Kilpatrick's restitution hearing ended after four months Wednesday with a judge calling him a liar and demanding he cut a check for far more than even prosecutors expected.

"You have not been credible in this courtroom and you, again, have not been honest to the City of Detroit," Wayne County Circuit Judge David Groner told Kilpatrick, who sat stone-faced. "The court finds the defendant's conduct in this matter reprehensible."

Compounding the former mayor's woes was news that broke just as he arrived at court: His longtime friend and ex-mayoral aide, DeDan Milton, had been indicted on federal bribery and extortion charges, another indication the feds are tightening focus on Kilpatrick.



No Misconduct Found in Blackwater Case
Court Watch | 2010/01/20 09:33

A federal judge has opted not to impose a finding of prosecutorial misconduct on Justice Department lawyers for their handling of a case against Blackwater security guards involved in a 2007 shooting in Baghdad.

In Federal District Court here last month, Judge Ricardo M. Urbina threw out all charges against the five involved in the shootings, which left 17 Iraqis dead and about 20 wounded.

In that decision, Judge Urbina wrote that in a “reckless violation of the defendants’ constitutional rights,” investigators, prosecutors and government witnesses had inappropriately relied on statements the guards had been compelled to make in debriefings by the State Department shortly after the shootings. The State Department had hired the guards to protect its officials.



Court throws out ruling favorable to suspect
Court Watch | 2010/01/19 08:42

The Supreme Court on Tuesday threw out a court ruling that invalidated a former Black Panther's death sentence for killing a Philadelphia police officer in 1981.

The move was the latest twist in Mumia Abu-Jamal's racially tinged case that has drawn international attention.

The justices ordered the 3rd U.S. Circuit Court of Appeals in Philadelphia to take another look at Abu-Jamal's claim that the jury weighing his punishment was given flawed instructions.

The high court acted on Pennsylvania's appeal of the 3rd Circuit ruling following a decision last week in a capital case from Ohio that turned on a similar issue. The 3rd Circuit could order a federal trial court to consider Abu-Jamal's case anew, including other claims he has raised that have yet to be decided.

A Philadelphia jury convicted Abu-Jamal of killing white Philadelphia police Officer Daniel Faulkner in 1981 after the patrolman pulled over Abu-Jamal's brother in an overnight traffic stop.



Delaware to appeal sports betting ruling to Supreme Court
Court Watch | 2010/01/15 03:04

As Delaware's first season of sports betting winds down, Governor Jack Markell says the state will challenge the federal Appeals Court ruling that limited the Delaware to offering parlay bets on NFL games.  Governor Markell's office confirms the First State will petition the U.S. Supreme Court to overturn the Third Circuit Court of Appeals ruling in August that shot down Delaware's plan to offer single game betting on all sports.

The state has retained the Washington D.C. firm of Sidley Austin to handle the appeal.  That firm specializes in Supreme Court work.

The decision to move forward is based in part on the willingness of the state's three racinos, Delaware Park, Dover Downs, and Harrington Raceway, to foot the bill for the appeal.  The three racinos are currently the only venues that can offer sports betting in Delaware.

Governor Markell's spokesman, Brian Selander, says the state will offer some new arguments in its appeal.

The Third Circuit Court of Appeals ruled against Delaware's plan to offer single game bets on all sports in late August, siding with the NFL, NCAA, and other pro leagues who challenged Delaware.  The Court ruled Delaware's sports betting plan violated the Professional and Amateur Sports Protection Act (PASPA), which prohibits sports betting.  Delaware is one of four states with an exemption to PASPA, since it previously offered NFL parlay bets, but a three judge Third Circuit panel ruled narrowly that Delaware's exemption is limited to the same NFL parlay bets it offered back in 1976.



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