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Supreme Court refuses to halt execution of Ga. man
Attorney News |
2015/01/30 17:37
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The Supreme Court has refused to halt the execution of a Georgia man whose lawyers say he is ineligible to be executed because he is intellectually disabled. Warren Lee Hill's lawyers argue he shouldn't be executed because he is intellectually disabled.
The justices on Tuesday turned away a last-minute plea from Warren Lee Hill. He is scheduled to be executed at 7 p.m. at the state prison in Jackson, Georgia.
Different courts have intervened with temporary reprieves at the last minute on three previous occasions. Justices Stephen Breyer and Sonia Sotomayor said they would have granted Hill another reprieve.
State and federal courts had already rejected his filings this time around, and the State Board of Pardons and Paroles —the only entity authorized to commute his sentence to life in prison — denied him clemency Tuesday. Hill has filings pending before the U.S. Supreme Court, which is now the only potential barrier between him and a lethal injection of the drug pentobarbital.
"The clemency board missed an opportunity to right a grave wrong," Brian Kammer, a lawyer for Hill, said in an emailed statement Tuesday. "It is now up to the U.S. Supreme Court to ensure that an unconstitutional execution of a man with lifelong intellectual disability is prevented."
Hill was sentenced to serve life in prison for the 1986 killing of his 18-year-old girlfriend, who was shot 11 times. While serving that sentence, he beat a fellow inmate, Joseph Handspike, to death using a nail-studded board. A jury in 1991 convicted Hill of murder and sentenced him to death. |
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Arizona sheriff could face civil contempt hearing in court
Attorney News |
2015/01/19 22:36
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An Arizona sheriff could face a civil contempt hearing in federal court for his office's repeated violations of orders issued in a racial-profiling case.
U.S. District Judge Murray Snow held a telephonic conference Thursday and told Maricopa County Sheriff Joe Arpaio's attorneys that the six-term sheriff may face an April 21-24 hearing.
But a top lawyer with the Arizona chapter of the American Civil Liberties Union said Friday that Snow stopped short of officially ordering the hearing. The judge has given both sides until Jan. 23 to file additional paperwork.
At a Dec. 4 hearing, Snow sent strong signals that he intended to pursue contempt cases that could expose Arpaio to fines and perhaps jail time.
Lawyers for the sheriff didn't immediately return calls for comment on the possible civil contempt hearing.
Dan Pochoda, senior counsel for the Arizona ACLU, said Friday that Arpaio's office could face sanctions or fines for not following court orders and "fines to deter future bad acts and fines to compensate anyone permanently harmed" in the racial-profiling cases.
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Court won't hear free speech challenge to metals dealers law
Attorney News |
2015/01/13 00:22
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The Supreme Court won't consider the constitutionality of an Ohio law that bars precious metals dealers from advertising without a license.
The justices on Monday declined to take up an appeal from Liberty Coins, a gold and silver dealer that claims the law violates the free speech rights of businesses.
Ohio officials say the 1996 law was enacted to protect consumers from theft and help police track down stolen wedding rings, gold bracelets and other items resold at stores that buy gold and silver merchandise.
A federal judge in 2012 ruled the law unconstitutional because the state failed to prove the license requirement was effective in curbing theft, fraud and terrorism. But the 6th U.S. Circuit Court of Appeals reversed that ruling last year. |
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Fate of thousands at stake in Massachusetts court arguments
Attorney News |
2015/01/08 21:23
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The highest court in Massachusetts is hearing arguments in a case that could determine the fate of thousands of people convicted of drug crimes based on tainted evidence.
The American Civil Liberties Union says many of those affected are afraid to vacate their guilty plea and seek a new trial because they can be prosecuted for crimes dropped when they entered their plea deal.
The ACLU will argue Thursday morning that the Massachusetts Supreme Judicial Court should declare that any defendant who seeks a new trial cannot be convicted of a more serious offense or given a longer sentence.
The case comes after former state drug lab chemist Annie Dookhan admitted she faked test results and tampered with evidence.
Dookhan was sentenced to at least three years in prison in 2013. |
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Appeals court won't delay or move Tsarnaev trial
Attorney News |
2015/01/05 23:07
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The trial of marathon bombing suspect Dzhokhar Tsarnaev can begin as scheduled Monday in Boston after a federal appeals court ruled that the defense had not met the "extraordinary" standard required to justify its intervention.
The 1st U.S. Circuit Court of Appeals announced its decision Saturday. Tsarnaev's lawyer had asked the court to delay the trial and move it out of Massachusetts, saying he couldn't get a fair trial in a place where so many were affected by the bombings.
The appeals court ruled 2-1 to avoid intervening in the trial's timing and location.
"The judges in the majority are satisfied that full consideration has been given to the issues raised by the petition, and it is clear that the petition falls short of meeting the requirements for issuing the extraordinary writ of mandamus," two judges said in the majority opinion. One judge dissented, saying he didn't have enough time to carefully consider the petition filed Wednesday.
One of Tsarnaev's attorneys, Miriam Conrad, declined to comment Saturday.
Tsarnaev has pleaded not guilty to 30 charges connected to the April 2013 explosions that killed three people and wounded more than 260 others. Some of the charges carry the death penalty. |
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