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Court upholds state's death penalty
Court Watch |
2010/02/01 09:02
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Delaware's death penalty was upheld as constitutional on Monday, paving the way for executions -- on hold since May 2006 -- to resume. Delaware Attorney General Beau Biden said Monday he was pleased the court ruled that Delaware is meeting its constitutional obligations and that his office will be working with Superior Court to begin "scheduling executions as appropriate." Biden said the three-year delay "caused uncertainty, and I'm glad this has resolved that uncertainty
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In its 47-page opinion, the 3rd U.S. Circuit Court of Appeals warned Delaware about "the worrisome course it appears to have taken at times" in executions.
"The record before us reflects an occasional blitheness on Delaware's part that, while perhaps not unconstitutional, gives us great pause. We remind Delaware not only of its constitutional obligation ... but also of its moral obligation to carry out executions with the degree of seriousness and respect that the state-administered termination of human life demands," Circuit Judge D. Michael Fisher wrote on behalf of the panel. Attorney Michael Wiseman of the Federal Community Defender's office in Philadelphia -- which represents Delaware's 18 death-row inmates in the class-action lawsuit -- declined to comment Monday, saying he was still reviewing the opinion. In court papers, attorneys for Delaware's condemned inmates detailed problems during executions, including inadequate qualifications and training of execution team members, improper dosages of the lethal injection drugs and odd procedures such as the execution team mixing drugs in the dark. Attorneys for Delaware inmates essentially charged that because of the state's history of mistakes and because it didn't follow its own rules in past executions, there was significant doubt that the state could properly follow new court-approved rules to execute inmates without unnecessary suffering.
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Man accused of keeping arsenal due in NJ court
Court Watch |
2010/01/29 08:09
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A man who authorities say had a cache of weapons and a map of an Army base in a New Jersey motel room is due in court on Friday. Lloyd Woodson was arrested Monday after a convenience store clerk in Branchburg called police to report he was acting strangely. Police say Woodson was wearing a bulletproof vest and carrying an assault rifle. Officers found weapons including a grenade launcher and a map of New York's Fort Drum in his motel room. Woodson is charged with state and federal weapons violations. Authorities have not said whether they think he was planning an attack. The FBI said Woodson has no known terrorist connections. |
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After strangling, wife sues ex-Bush attorney for $30 million
Court Watch |
2010/01/28 10:48
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The wife of a former high-ranked Bush administration lawyer who was charged earlier this month with her attempted murder has brought a civil suit against him for $30 million. As previously reported, John Michael Farren is accused of flying into a rage after his wife served him with divorce papers on January 6, beating her unconscious with a metal flashlight, and then attempting to strangle her. She fled to a neighbor's house with their seven-year-old and four-month-old after triggering an alarm which brought the police to arrest Mr. Farren. In her affidavit, Mary Farren makes some unusual arguments for why she not only needs $30 million but needs it right now, prior to any judgment in her case and before her husband can use any of the couple's assets to post his $2 million bond.
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Court Kills Death Penalty for Retarded Man
Court Watch |
2010/01/27 07:06
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The Missouri Supreme Court overturned a death penalty sentence for man who is mentally retarded. Andrew Lyons, 52, was convicted of first-degree murder in 1996 and sentenced to death for the 1992 killing of his estranged girlfriend. Lyons filed a petition in mandamus, claiming to be mentally retarded and therefore ineligible to be executed. A court-appointed master supported Lyons' claims. The master concluded that Lyons' IQ was in a range of 61 to 70, that Lyons had continual extensive related deficits in two adaptive behaviors, and that the symptoms were present and documented before Lyons had turned 18. "Although there is evidence, as noted earlier, that Lyons manifested these conditions before age 18, the state contends there was insufficient documentation of these conditions," the court wrote in a unanimous opinion. "The state vigorously notes the lack of an IQ test result from prior to age 18 and the scant school records and other evidence with respect to the adaptive behaviors.
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Supreme Court rejects appeal from Virginia killer
Court Watch |
2010/01/26 04:50
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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. |
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California: Court Rejects Marijuana Limit
Court Watch |
2010/01/22 07:11
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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 |
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Supreme Court Upholds Ala. Man's Death Penalty
Court Watch |
2010/01/21 09:20
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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.
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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 and help you redesign your existing law firm site to secure your place in the internet. |
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