EU steps up action against Poland over supreme court law
Attorney News | 2018/08/14 22:59
The European Union is increasing pressure on Poland over what it sees as flaws in the country's Supreme Court law, and has given Warsaw a month to act before facing possible court action.

Tuesday's move centers on Polish legislation that forces the early retirement of over a third of the Supreme Court justices. The law is the culmination of the ruling populist Law and Justice party's efforts to put Poland's entire court system under its control, a plan it began nearly three years ago.

The EU Commission objected to the law, saying it falls short of the values guiding the 28-nation bloc, and said that Poland's explanation "does not alleviate the Commission's legal concerns." It said a case could be opened at the EU's highest court in a month.



Nevada Supreme Court taking up execution case
Attorney News | 2018/08/11 03:25
The Nevada Supreme Court has stepped in to decide whether drug companies can try to stop the state from using their medications in a twice-postponed lethal injection of a condemned inmate who wants to die.

A state court judge in Las Vegas cancelled hearings Thursday following an order late Wednesday from six of the high court's seven justices.

Supreme Court intervention had been sought by the state attorney general's office regarding the execution of Scott Raymond Dozier.

The judge had planned to hear drugmaker Sandoz's request to join a bid by Alvogen and Hikma Pharmaceuticals to prevent Nevada from using their products in a three-drug combination never before tried in any state.

A Nevada death-row inmate whose execution has been postponed twice says the legal fight over his fate is taking a tortuous toll on him and his family and he wants his sentence carried out.

Scott Raymond Dozier told The Associated Press that the state should, in his words, "just get it done, just do it effectively and stop fighting about it."

Dozier's comments in a brief prison telephone call on Wednesday came a day before a third drug company is due to ask a state court judge in Las Vegas to let it join with two other firms suing to block the use of their products in executions.

The companies say they publicly declared they didn't want their products used in executions and allege that Nevada improperly obtained their drugs.


SC Supreme Court to decide if elected sheriff is qualified
Attorney News | 2018/08/04 23:49
Clarke Stearns has been working as sheriff for more than 18 months in McCormick County, but it's still up in the air whether he is qualified to be the county's top lawman.

Stearns' Democratic opponent in the 2016 election, J.R. Jones, sued him within a month after his victory, saying Stearns never served as a law officer in South Carolina and therefore didn't meet the requirement of being a certified officer in the state.

Stearns' lawyers have successfully argued so far that his 30 years certified as a law enforcement officer in Virginia are more than enough to cover the qualification to be sheriff and he also got his certification in South Carolina after the election.

After a lower court judge ruled against Jones, the lawsuit is now going before the state Supreme Court. Jones' lawyer Charles Grose, told The Index-Journal of Greenwood the Supreme Court has expedited the case.

Stearns, a Republican, received 57 percent of the vote in the 2016 election.

Both sides said they have sent their briefs to the South Carolina Supreme Court and are ready for the justices either to rule or set a time for arguments.

Under South Carolina law , sheriffs must be at least 21 years old, a citizen of the United States, a registered voter and have a year of experience as a certified officer if they have a four-year college degree.


Court: Release surveillance video in Florida school shooting
Attorney News | 2018/07/25 16:52
An appeals court says news organizations are entitled to obtain surveillance video showing the law enforcement response to the Valentine's Day mass shooting at a Florida high school.

The 4th District Court of Appeal on Wednesday upheld a lower court's ruling that the video is public record that must be disclosed. News organizations including The Associated Press are seeking the video to better understand the actions of law enforcement and first responders during the shooting that killed 17 people at Marjory Stoneman Douglas High School.

Authorities say the school had 70 operating video cameras that day. The media organizations are not seeking any footage depicting the massacre or any victims.

Broward County prosecutors and its school board opposed the video release. Nineteen-year-old Nikolas Cruz faces murder charges in the shooting.



Georgia officer charged in fatal shooting to appear in court
Attorney News | 2018/07/17 16:20
A Georgia police officer charged with voluntary manslaughter in a fatal shooting is scheduled to appear in court.

A pretrial hearing is scheduled Tuesday morning for Zechariah Presley in Camden County Magistrate Court. Presley worked as a police officer in the small city of Kingsland when he was charged in the June 20 shooting of 33-year-old Tony Green.

The Georgia Bureau of Investigation has said Green was fleeing when Presley shot him following a brief altercation. The bureau said Presley had been following Green's vehicle when Green got out and ran on foot, but it has not said what prompted the pursuit.

Kingsland city officials fired 27-year-old Presley from his police job following his arrest a week after the shooting. The city is located near the Georgia-Florida state line.



Court says convicted serial rapist should be released
Attorney News | 2018/07/17 16:20
A convicted serial rapist should be allowed to be released into the community under supervision, the Minnesota state Court of Appeals ruled Monday, saying the state did not prove by clear and convincing evidence that Thomas Duvall should remain in treatment.

Department of Human Services Commissioner Emily Piper said Monday that she will appeal the provisional discharge of Duvall, in a case that once set off a political firestorm as lawmakers were considering changes to the state's treatment program for sex offenders.

"I have grave concerns about this decision," Piper said in a statement. "Three experts have previously testified that Thomas Duvall is not ready for life in the community and that he presents far too great a risk to public safety. I share that view and will exhaust every possible avenue of appeal."

Duvall, 62, has spent the last 30 years locked up for the violent rapes of teenage girls in the 1970s and 1980s. In 1987, he bound a Brooklyn Park girl with an electrical cord and raped her repeatedly over several hours while hitting her with a hammer. He was civilly committed as a psychopathic personality in 1991 and sent to the Minnesota Sex Offender Program.

Duvall has been in treatment since 2001 and was diagnosed as a sexual sadist. He has been in the final stages of the program since 2010, living outside the security perimeter at the facility in St. Peter, going on regular supervised community outings, volunteering at a thrift store, attending community support groups and preparing for transition into the community.


Demonstrators force Fox crew from Supreme Court broadcast
Attorney News | 2018/07/13 16:33
Fox News' Shannon Bream said the network had to move a planned live broadcast indoors after she and her crew felt threatened by demonstrators outside the U.S. Supreme Court on Monday following President Donald Trump's nomination of Brett Kavanaugh.

People shouted obscenities at Bream and her crew, crowded around and touched crew members as they prepared to air Fox's 11 p.m. Eastern hour from the location two hours after the nomination, she said.

"I've been in the middle of many protesters and signs and chanting and we all do our jobs," Bream said Tuesday. "But last night had a different feel to it."

Bream said Fox felt specifically targeted, although she said other reporters had a difficult time with the crowd. Disturbed by the scene, Fox executives made the decision to move to a nearby studio. Bream had been at the court for several hours, doing live reports during several programs.

The incident on an emotional political night exposed Fox News to a threatening atmosphere frequently faced by reporters at other news organizations at Trump rallies. CNN White House correspondent Jim Acosta recently described how an elderly woman swore at him and tried to get him to leave one of Trump's recent rallies.

Bream, who has covered the Supreme Court for 11 years, said that often during demonstrations security separates demonstrators from the press with barricades, but they weren't on duty Monday night. She recalled only one other similar situation, but that happened during daylight hours.


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