4th Arkansas inmate executed in 8 days lurches on gurney
Legal Business | 2017/04/29 00:58
Arkansas executed its fourth inmate in eight days Thursday night, wrapping up an accelerated schedule with a lethal injection that left the prisoner lurching and convulsing 20 times before he died.

Kenneth Williams, 38, was pronounced dead at 11:05 p.m., 13 minutes after the execution began at the Cummins Unit prison at Varner.

Arkansas had scheduled eight executions over an 11-day period before one of its lethal injection drugs expires on Sunday. That would have been the most in such a compressed period since the U.S. Supreme Court reinstated the death penalty in 1976, but courts issued stays for four of the inmates.

The four lethal injections that were carried out included Monday's first double execution in the United States since 2000.

"I extend my sincerest of apologies to the families I have senselessly wronged and deprived of their loved ones," Williams said in a final statement he read from the death chamber. "... I was more than wrong. The crimes I perpetrated against you all was senseless, extremely hurtful and inexcusable."

Williams also spoke in tongues, the unintelligible but language-like speech used in some religions. But his prayer faded off as the sedative midazolam took effect. His final words were, "The words that I speak will forever be, will forever ..." before he fell silent.

The inmate breathed heavily through his nose until just after three minutes into his execution, when his chest leaped forward in a series of what seemed like involuntary movements. His right hand never clenched and his face remained what one media witness called "serene."

After the jerking, Williams breathed through his mouth and moaned or groaned once — during a consciousness check — until falling still seven minutes into the lethal injection.

Williams was sentenced to death for killing a former deputy warden, Cecil Boren, after he escaped from prison in 1999. At the time of his escape in a 500-gallon barrel of hog slop, Williams was less than three weeks into a life term for the death of a college cheerleader.


Judge W. Brent Powell Appointed to Missouri Supreme Court
Legal Business | 2017/04/26 00:58
Jackson County Circuit Judge W. Brent Powell was appointed Tuesday to the Missouri Supreme Court, marking the first high-profile judicial selection by new Republican Gov. Eric Greitens.

Powell will replace former Judge Richard Teitelman, who died in November at his home in St. Louis.

Powell, a 46-year-old Kansas City resident, was appointed by former Republican Gov. Matt Blunt as a Jackson County judge in 2008. He previously spent seven years as an assistant U.S. attorney in Kansas City and also worked as an assistant Platte County prosecutor.

Greitens said Powell has established himself as "an outstanding jurist."

"He has received high marks for being humble, fair-minded and of the highest integrity," Greitens said in a written statement accompanying his announcement. "I am confident Judge Powell will be committed to strengthening and improving our court system and guarding the rule of law as a judge on our state's highest court."

Powell's wife, Beth Phillips, was appointed as a U.S. district judge in 2011 by Democratic President Barack Obama after serving as U.S. attorney in Kansas City. His sister-in-law, Jennifer Phillips, was appointed to the Jackson County Circuit Court in 2014 by former Democratic Gov. Jay Nixon after serving as an assistant county prosecutor. Powell's father, his father-in-law, an uncle and several cousins also have been attorneys.

"Coming from a clan of lawyers, this is a very special day for me and my family," Phillips said Tuesday in a written statement. "As I step into this new role, I hope to model the humility and judicial temperament exhibited by the late Judge Richard Teitelman who was known for his kindness and congeniality."

Unlike at the federal level, Missouri Supreme Court appointees are not subject to Senate confirmation. Instead, Powell will face a retention vote for a 12-year term during the 2018 general election.

Powell's appointment could shift the court a little to the right. Though Missouri appeals judges don't run as Democrats or Republicans, Teitelman had been appointed by former Democratic Gov. Bob Holden and typically aligned along liberal lines.

Powell's addition will mean three of the state's seven Supreme Court judges were appointed by Republican governors.


White officer headed to court ahead of civil rights trial
Legal Business | 2017/04/22 05:44
A white former South Carolina police officer charged in the death of an unarmed black motorist is expected in court as his federal trial approaches.

A motions hearing is scheduled Friday in the case against 35-year-old Michael Slager.

Slager's federal civil rights trial in the death of 50-year-old Walter Scott starts next month. Another hearing is scheduled for Monday, when attorneys will discuss the admission of certain experts to testify.

Last month, a federal judge ruled prosecutors may show jurors video of the former North Charleston officer shooting Scott. The bystander's cellphone video was viewed millions of times around the world.

Slager also faces murder charges in state court, where his first trial ended in a hung jury. His retrial is scheduled for August.



Arkansas asks court to block order on execution drugs
Legal Business | 2017/04/04 00:11
Arkansas prison officials asked the state's highest court Friday to stay a judge's order that they must disclose more information about one of the drugs they plan to use in the executions of eight men over a 10-day period in April.

The attorney general's office asked the state Supreme Court to issue a stay of Pulaski County Circuit Judge Wendell Griffen's order requiring Arkansas to release copies of the package insert and labels for its supply of potassium chloride, one of the three drugs used in its lethal injection protocol.

The state said it had released the documents, but had redacted information on the labels that it says could lead to identification of the drug's supplier. Steven Shults, the attorney who sued the state for the information, declined to comment on the case Friday.

Shults' attorneys asked the court to deny the state's motion, saying there was no evidence that the information withheld would identify the drug's supplier.

The filing said releasing all of the information would give Shults "an unreviewable victory that will completely undermine and obviate the confidentiality provisions" of the state's lethal injection law.

Arkansas hasn't executed an inmate since 2005 because of legal challenges and difficulty obtaining drugs. The state's 2015 lethal injection law keeps secret the source of the state's execution drugs.

The prison officials, who plan to execute eight inmates in a 10-day period next month before another one of the state's lethal drugs expires April 30, had refused to release packing slips that detail how the drugs are to be used. The Associated Press has previously used the labels to identify drugmakers whose products would be used in executions against their will. The AP renewed its request after the state acquired its potassium chloride in March, but was also rejected.



S Korea's Park questioned at court hearing on arrest request
Legal Business | 2017/03/30 18:02
South Korea's disgraced ex-President Park Geun-hye was being questioned Thursday by a court that will decide if she should be arrested over corruption allegations that have already toppled her from power.

Live TV footage earlier showed a stern-looking Park entering the Seoul Central District Court building amid a barrage of camera flashes. She did not comment to reporters. The court is expected to decide by Friday morning whether to approve her arrest.

If the court approves the arrest warrant requested by prosecutors, Park will be immediately sent to a detention facility as prosecutors can detain her for up to 20 days before laying formal charges.

If the court rejects the arrest request, prosecutors can still indict and charge her.

Prosecutors accuse Park of colluding with a confidante to extort from big businesses, take a bribe from one of the companies and commit other wrongdoings. The allegations prompted millions of South Koreans to stage streets protests every weekend for months before the Constitutional Court ruled to dismiss her on March 10. Park's presidential powers had already been suspended after parliament impeached her in December.

It was a dramatic setback to Park, South Korea's first female president who rose to power four years ago amid conservatives' nostalgia for her late dictator father who is credited by supporters for pulling a war-torn country out of poverty in the 1960-70s. Liberal critics revile her father as a ruthless leader who tortured and imprisoned his opponents.

Earlier Thursday, hundreds of her supporters, mostly elderly conservative citizens, gathered near her Seoul home, waving national flags and chanting slogans when she left for the court.



Oklahoma tribe sues oil companies in tribal court over quake
Legal Business | 2017/03/06 16:20
An Oklahoma-based Native American tribe filed a lawsuit in its own tribal court system Friday accusing several oil companies of triggering the state's largest earthquake that caused extensive damage to some near-century-old tribal buildings.

The Pawnee Nation alleges in the suit that wastewater injected into wells operated by the defendants caused the 5.8-magnitude quake in September and is seeking physical damages to real and personal property, market value losses, as well as punitive damages.

The case will be heard in the tribe's district court with a jury composed of Pawnee Nation members.
"We are a sovereign nation and we have the rule of law here," said Andrew Knife Chief, the Pawnee Nation's executive director. "We're using our tribal laws, our tribal processes to hold these guys accountable."

Attorneys representing the 3,200-member tribe in north-central Oklahoma say the lawsuit is the first earthquake-related litigation filed in a tribal court. If an appeal were filed in a jury decision, it could be heard by a five-member tribal Supreme Court, and that decision would be final.

"Usually tribes have their own appellate process, and then, and this surprises a lot of people, there is no appeal from a tribal supreme court," said Lindsay Robertson, a University of Oklahoma law professor who specializes in Federal Indian Law.


Partisan struggle over NC governor's authority back in court
Legal Business | 2017/02/12 15:27
Judges are hearing more arguments about North Carolina Republican lawmakers' efforts to reduce Democratic Gov. Roy Cooper's authority in choosing his Cabinet.

A three-judge panel scheduled arguments Friday on whether to extend their recent temporary block of a law requiring Senate confirmation of Cooper's Cabinet secretaries.

The GOP-controlled legislature passed the law shortly before Cooper took office, one of several provisions designed to limit Cooper's powers.

Cooper's attorneys say confirmation usurps his authority to carry out core executive functions. Republicans respond that the state Constitution gives senators "advice and consent" powers with gubernatorial appointees.

The governor wants the law blocked at least until a hearing scheduled for March.

In another gubernatorial power issue, a state appeals court on Thursday temporarily reinstated a law stripping Cooper of his oversight of elections.



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