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Condemned inmate's last meal includes pancakes
Attorney News |
2018/10/28 12:24
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A South Dakota inmate facing execution has received a last meal that included pancakes, waffles, breakfast sausage, scrambled eggs and French fries.
South Dakota's attorney general says the state Supreme Court has rejected two motions to stop the execution of a man who killed a prison guard in a failed 2011 escape attempt.
Attorney General Marty Jackley says there are currently no court orders to stop or delay Rodney Berget's execution, which is scheduled for 1:30 p.m. Monday. One motion was filed by a woman whose son is serving a life sentence, the other by an attorney without Berget's support.
Berget is to be put to death for the slaying of Ronald "R.J." Johnson. Berget and fellow inmate Eric Robert beat Johnson with a pipe and covered his head in plastic wrap.
He's to be put to death for the slaying of prison guard Ronald "R.J." Johnson in a failed 2011 escape attempt. Berget and fellow inmate Eric Robert beat Johnson with a pipe and covered his head in plastic wrap.
Robert was executed in October 2012. Berget in 2016 appealed his death sentence, but later asked to withdraw it. |
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Synagogue suspect at courthouse; survivors recall ordeal
Court Watch |
2018/10/27 12:24
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The man accused in the Pittsburgh synagogue massacre was released from a hospital and turned over to federal authorities for a court appearance Monday on charges he killed 11 people in what is believed to be the deadliest attack on Jews in U.S. history.
Robert Gregory Bowers, 46, who was shot and wounded in a gun battle with police, arrived at the federal courthouse in downtown Pittsburgh less than two hours after his release from Allegheny General Hospital, according to U.S. marshals. A government car with a wheelchair visible inside could be seen arriving earlier.
Federal prosecutors set in motion plans to seek the death penalty against Bowers, who authorities say expressed hatred of Jews during the rampage and later told police that "I just want to kill Jews" and that "all these Jews need to die."
The first funeral — for Cecil Rosenthal and his younger brother, David — was set for Tuesday. Survivors, meanwhile, began offering harrowing accounts of the mass shooting Saturday inside Tree of Life Synagogue. Barry Werber said he found himself hiding in a dark storage closet as the gunman tore through the building and opened fire.
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North Carolina top court orders study of courtroom portraits
Court News |
2018/10/26 12:24
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The North Carolina Supreme Court has directed a commission to study the portraits hanging inside its courtroom amid a complaint about one of a pro-slavery judge.
The News & Observer reported Thursday that the state's top court formed a commission tasked with making a recommendation by Dec. 31, 2019.
Also on Thursday, the newspaper published an op-ed from UNC-Chapel Hill law professor Eric Muller and former Chapel Hill Councilmember Sally Greene drawing attention to the courtroom's portrait of Thomas Ruffin. Ruffin served on the court from 1829 to 1852.
He's best known for his decision in State v. Mann, in which he overturned the assault conviction of a slaveowner who shot a slave in the back for refusing him. Ruffin's portrait is the courtroom's largest, hung behind the justices' bench. |
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Trump Foundation lawsuit paused until higher court weighs in
Areas of Focus |
2018/10/24 12:24
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A New York judge on Thursday mothballed a lawsuit over President Donald Trump's charitable foundation until a higher court rules in an unrelated case whether a sitting president can be sued in state court.
State Supreme Court Justice Saliann Scarpulla commented after hearing arguments from a Trump attorney who wants her to dismiss the lawsuit brought by New York state's Democratic attorney general.
She said she'll wait to decide whether the lawsuit proceeds after an intermediate state appeals court rules whether Trump must face a defamation lawsuit brought by a 2006 contestant on "The Apprentice."
Supreme Court Appellate Division justices did not immediately rule after hearing arguments last week on claims by ex-contestant Summer Zervos, a California restaurateur, who says Trump defamed her when he called her a liar for accusing him of unwanted kissing and groping in two 2007 incidents.
Trump's lawyers, seeking to dismiss the lawsuit or delay it until he is no longer in office, say a sitting president can't be sued in state court over conduct outside official duties.
A key question will be whether a 1997 U.S. Supreme Court ruling forcing then-President Bill Clinton to face a federal sexual harassment lawsuit concerning an alleged encounter with an Arkansas state employee while he was governor applies to state courts as well.
Scarpulla said that if the state appeals judges decide that the Clinton ruling is "good law, then I think this case will continue."
The lawsuit alleged Trump and his foundation used his charity's money to settle business disputes and to boost his 2016 presidential campaign.
Brought against Trump and three of his children who serve as the foundation's directors, the lawsuit seeks $2.8 million in restitution and the dissolution of the foundation.
On Thursday, Scarpulla seemed sympathetic to some of the New York state arguments, but she repeatedly said she was required at this stage of the litigation to accept its claims as true.
Attorney Yael Fuchs, arguing for New York state, said the foundation "broke some of the most basic laws that apply" to charitable foundations when it took actions in 2016 at the direction and for the benefit of the Trump presidential campaign.
Representing Trump and his children, attorney Alan Futerfas said the state's claims were exaggerated and distorted. He suggested that even magnanimous steps taken by Trump for charitable purposes were being recast in a negative light.
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Virginia top court to hear 'unrestorably incompetent' case
Legal Topics |
2018/10/23 03:42
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More than 13 years after a 16-year-old girl was found raped and murdered, the case of the man whose DNA was found at the scene is heading to the Virginia Supreme Court.
The Richmond Times-Dispatch reports 46-year-old Oswaldo Elias Martinez has never stood trial in Brittany Binger's 2005 death. Deemed incompetent because he can't speak or hear, he's been held in jail and mental hospitals.
Martinez's lawyers want his capital murder charge dismissed. Their filing says the state law used to hold him permits detention only for "medical" treatment to restore competency.
The state tried to teach Martinez sign language to assist in his defense. Commonwealth's Attorney Nate Green says someone "unrestorably incompetent" who's charged with capital murder and poses a danger must continue along the restoration process. |
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Poland: Top court judges return from forced retirements
Court News |
2018/10/22 10:42
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Several Supreme Court judges in Poland have returned from government-imposed retirements after the European Union's top court ordered their reinstatements.
Dozens of supporters greeted the six judges as they headed into the Supreme Court building on Monday, ready to resume work.
Some 20 of the court's judges were forced to retire in July after a new law took effect that lowered the retirement age for justices to 65 from 70.
The change is part of a judicial overhaul by Poland's conservative ruling party. EU leaders are challenging it in the European Court of Justice, which on Friday issued an injunction suspending the forced retirements.
Supreme Court First President Malgorzata Gersdorf was among the judges returning to work. She says the court's order was a "kind of win" for the judges.
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EU court orders Poland to reinstate Supreme Court judges
Attorney News |
2018/10/21 10:42
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The European Union's top court ordered Poland on Friday to immediately stop applying a law that lowered the retirement age for Supreme Court judges, forcing some 20 off the bench.
The interim injunction from the European Court of Justice also obliges EU member Poland to reinstate the judges who had to retire early after the law took effect in July. It lowered the age limit for Supreme Court service from 70 to 65.
The powerful leader of Poland's conservative ruling party, Jaroslaw Kaczynski, said Poland would observe EU law, but not whether the government would comply with the order. He also said the government would do all it could to "defend our state interest."
The European Commission, the EU's executive branch, asked for the injunction while the Court of Justice considers its challenge to the age cap as a violation of EU laws on judicial independence and the right to a fair trial. A ruling in the main proceedings is expected later.
Supreme Court judges, arguing the forced retirements are an infringement of Poland's Constitution, also have sought the European court's opinion.
Kaczynski's Law and Justice party has made overhauling the judicial system a key focus since it came to power in 2015. The government maintains that removing justices who were active during Poland's communist era will make the courts more efficient and fairer.
Among the evidence Court of Justice Vice President Rosario Silva de Lapuerta cited in the order was "a profound and immediate change in the composition of the Supreme Court" since the disputed law went into force. Along with the retirements, an increase in court seats from 93 to 120 created more than 44 vacancies, and President Andrzej Duda has filled at least 27 of them, Lapuerta said.
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