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Kentucky high court: Death penalty IQ law unconstitutional
Legal Topics |
2018/06/17 23:53
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The Kentucky Supreme Court has ruled that the state's practice for determining if someone is intellectually disabled and not eligible to receive the death penalty is "unconstitutional."
News outlets report that the court on Thursday deemed Kentucky's use of an IQ test to determine if defendants have the mental competence to be sentenced to death outdated. Trial courts required defendants show an IQ of 70 or below before a hearing to determine intellectual disability.
The court's opinion came in the case of a man convicted of murdering a Muhlenberg County girl 20 years ago. Robert Keith Woodall was sentenced to death after pleading guilty in the killing of 16-year-old Sarah Hansen.
Woodall's attorneys, assistant public advocates Mike O'Hara and Dennis Burke, say the court's decision to abandon Kentucky's statute is modern and appropriate.
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NY high court nixes Trump's bid to delay defamation suit
Legal Topics |
2018/06/15 16:09
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New York's highest court on Thursday turned down President Donald Trump's latest bid to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing.
The ruling by the state Court of Appeals didn't address either side's central arguments. But it means evidence-gathering in Summer Zervos' lawsuit can proceed, at least for now.
Zervos' lawyer, Mariann Wang, said she looks forward to continuing with the case "and exposing the truth."
Trump, who denies Zervos' allegations, is trying to get the case dismissed or postponed until after his presidency. A mid-level appellate court is due to consider that request in the fall.
Trump's lawyers at Kasowitz Benson Torres LLP noted that Thursday's ruling didn't speak to their argument for tossing out the case: That a sitting president can't be sued in a state court.
Instead, the Court of Appeals said the case was simply in too early a stage for its consideration.
Zervos, a California restaurateur, appeared in 2006 on the Republican president's former reality show, "The Apprentice."
She says he made unwanted advances when she sought career advice in 2007, then defamed her by calling her a liar after she came forward late in his 2016 presidential race. She is seeking a retraction, an apology and compensatory and punitive damages. |
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Gamers in court for first time after Kansas 'swatting' death
Attorney News |
2018/06/14 16:19
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Two online gamers whose alleged dispute over a $1.50 Call of Duty WWII video game bet ultimately led police to fatally shoot a Kansas man not involved in the argument will make their first appearances in court Wednesday in a case of "swatting" that has drawn national attention.
Casey Viner, 18, of North College Hill, Ohio, and Shane Gaskill, 19, of Wichita, are charged with conspiracy to obstruct justice, wire fraud and other counts.
Viner allegedly became upset at Gaskill while playing the popular online game. Authorities say he then asked 25-year-old Tyler Barriss of Los Angeles to "swat" Gaskill, a form of retaliation sometimes used by gamers, who call police and make a false report to send first responders to an online opponent's address.
Barriss is accused of calling Wichita police from Los Angeles on Dec. 28 to report a shooting and kidnapping at a Wichita address. Authorities say Gaskill had provided the address to Viner and later to Barriss in a direct electronic message. But the location Gaskill gave was his old address and a police officer responding to the call fatally shot the new resident Andrew Finch, 28, after he opened the door.
Viner's defense attorney, Jim Pratt, declined comment. The attorneys for Gaskill and Barriss did not immediately respond to an email.
Viner and Gaskill have not been arrested and both were instead issued a summons to appear at Wednesday's hearing where a judge will decide whether they can remain free on bond. Both men are also likely to enter pleas, although at this stage of the proceedings the only plea a federal magistrate can accept is not guilty.
Barriss and Viner face federal charges of conspiracy to make false reports. Barriss also is charged with making false reports and hoaxes, cyberstalking, making interstate threats, making interstate threats to harm by fire and wire fraud. He will not be in court Wednesday.
A first court appearance on the federal charges has not been set for Barriss because the Sedgwick County district attorney is going forward first with his case on the state charges, said Jim Cross, spokesman for the U.S. attorney's office in Kansas. |
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Kansas court avoids ruling on execution for student's death
Court Watch |
2018/06/13 23:09
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The Kansas Supreme Court has postponed a decision on whether the state can execute a man convicted of kidnapping, raping and strangling a 19-year-old college student.
The high court on Friday upheld the capital murder conviction of Justin Eugene Thurber but returned his case to a lower court for another review of whether he's developmentally disabled.
The U.S. Supreme Court has deemed it unconstitutional to execute defendants with even mild developmental disabilities.
Thurber was sentenced to lethal injection for the January 2007 killing of Jodi Sanderholm. She was a pre-pharmacy student and dance team member at Cowley College.
The trial judge rejected the defense's request for a hearing on whether Thurber is developmentally disabled, ruling that the defense hadn't presented enough evidence to warrant it. |
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Gamers in court for first time after Kansas 'swatting' death
Court News |
2018/06/12 23:10
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Two online gamers whose alleged dispute over a $1.50 Call of Duty WWII video game bet ultimately led police to fatally shoot a Kansas man not involved in the argument will make their first appearances in court Wednesday in a case of "swatting" that has drawn national attention.
Casey Viner, 18, of North College Hill, Ohio, and Shane Gaskill, 19, of Wichita, are charged with conspiracy to obstruct justice, wire fraud and other counts.
Viner allegedly became upset at Gaskill while playing the popular online game. Authorities say he then asked 25-year-old Tyler Barriss of Los Angeles to "swat" Gaskill, a form of retaliation sometimes used by gamers, who call police and make a false report to send first responders to an online opponent's address.
Barriss is accused of calling Wichita police from Los Angeles on Dec. 28 to report a shooting and kidnapping at a Wichita address. Authorities say Gaskill had provided the address to Viner and later to Barriss in a direct electronic message. But the location Gaskill gave was his old address and a police officer responding to the call fatally shot the new resident Andrew Finch, 28, after he opened the door.
Viner's defense attorney, Jim Pratt, declined comment. The attorneys for Gaskill and Barriss did not immediately respond to an email.
Viner and Gaskill have not been arrested and both were instead issued a summons to appear at Wednesday's hearing where a judge will decide whether they can remain free on bond. Both men are also likely to enter pleas, although at this stage of the proceedings the only plea a federal magistrate can accept is not guilty.
Barriss and Viner face federal charges of conspiracy to make false reports. Barriss also is charged with making false reports and hoaxes, cyberstalking, making interstate threats, making interstate threats to harm by fire and wire fraud. He will not be in court Wednesday.
A first court appearance on the federal charges has not been set for Barriss because the Sedgwick County district attorney is going forward first with his case on the state charges, said Jim Cross, spokesman for the U.S. attorney's office in Kansas. |
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MMA star Conor McGregor heads to court for melee charges
Headline Legal News |
2018/06/11 23:10
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Mixed martial arts star Conor McGregor is due in court for a hearing on charges stemming from a backstage melee that was caught on video.
He's expected to be joined in Brooklyn on Thursday by friend and co-defendant Cian (KEE'-uhn) Cowley.
Video showed what appeared to be McGregor hurling a hand truck at a bus full of fighters after a news conference for the UFC 223 event at Barclays Center in April. Two fighters hurt by broken glass were unable to compete.
Cowley said on Saturday that he hoped to get the case "out of the way." Prosecutors wouldn't say if they expected a resolution. McGregor's lawyer didn't return a message.
Cowley and McGregor have been free on bond. They took a private jet together from Ireland for the hearing.
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Kansas Supreme Court sends DNA request back to lower court
Legal Business |
2018/06/10 18:57
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The Kansas Supreme Court has remanded a convicted man's request for DNA testing back to Leavenworth County District Court for further review.
The court on Friday reversed earlier rulings by a district judge and the Kansas Court of Appeals that denied the request from 39-year-old Gregory Mark George Jr., who is serving time for rape, aggravated robbery and aggravated intimidation of a witness.
The Leavenworth Times reports George was convicted of raping a clerk during a robbery at a Lansing convenience store in 2004.
In 2013, George filed a petition for DNA testing of hairs that were collected as part of his case but were never tested.
The state Supreme Court ruling asks a district judge to determine whether the requested testing might produce evidence that could help exonerate George.
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Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media. |
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