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States urge Supreme Court to hear Kennedy cousin case
Court Watch |
2018/09/13 10:54
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Eleven states are asking the U.S. Supreme Court to hear Connecticut's appeal in the murder case of Kennedy cousin Michael Skakel and reinstate his conviction.
The states filed a friend-of-the-court brief on Monday, saying a ruling in Connecticut's favor is needed to thwart excessive appeals that focused on mistakes made by defense lawyers. The court has not yet decided whether to hear Connecticut's appeal.
Skakel, a nephew of Robert F. Kennedy's widow, Ethel Kennedy, cited his trial lawyer's failure to contact an alibi witness in his successful appeal to the Connecticut Supreme Court.
The state court in 2016 upheld Skakel's 2002 murder conviction in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were teenagers. But the court reversed that ruling in May and vacated the conviction, after a justice in the 4-3 majority retired and a new justice sided with Skakel - a move that has also drawn scrutiny.
Connecticut prosecutors argue the state high court did not properly weigh the overall performance of Skakel's defense, which they described as vigorous. They say the U.S. Supreme Court needs to correct a misperception by other state and federal courts that any mistake by defense counsel demonstrates incompetence and warrants a new trial.
The friend-of-the-court brief, filed by Utah Attorney General Sean Reyes' office, said allowing the nitpicking of defense lawyer performance produces a variety of problems, including flooding the courts with appeals as a result of lower legal standards and making it harder for defendants to find lawyers willing to undergo such scrutiny. |
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Chicago, surfer group oppose US Steel settlement in court
Lawyer News |
2018/09/12 10:54
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The city of Chicago and a surfing organization have told a judge that a proposed federal settlement over U.S. Steel's repeated chemical spills into Lake Michigan is inadequate.
The Chicago Law Department and the Surfrider Foundation urged the federal judge Thursday to impose tougher penalties on the steelmaker for last year's hexavalent chromium discharges from its Midwest Plant in Portage, Indiana, into the region's primary source of drinking water, the Chicago Tribune reported.
The nearly $900,000 in fines and penalties proposed by the federal government fall short when compared with the ecological damage caused by the carcinogenic discharges, according to court documents filed by the city of Chicago and the nonprofit foundation. The settlement also requires the steelmaker to test for hexavalent chromium daily, create a preventative maintenance program and upgrade all pollution monitoring.
"The government's inadequate oversight ... demonstrates the need for Surfrider to remain vigilant," said Mark Templeton, the group's attorney.
The University of Chicago's Abrams Environmental Law Clinic discovered last year that the manufacturing and finishing plant had violated chromium limits in its federal water pollution permit at least four times since 2013. The plant's chromium discharges are limited to 30 pounds a day, while hexavalent chromium is limited to about half a pound a day. Marking Solutions For Lawyers and Law Firms |
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The Latest: Bolton says international court 'dead to us'
Lawyer Interview |
2018/09/11 11:51
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The United States is pledging to use "any means necessary" to protect American citizens and allies from International Criminal Court prosecution.
President Donald Trump's national security adviser, John Bolton, says the court is "illegitimate" and "for all intents and purposes, the ICC is already dead to us."
Bolton delivered his remarks Monday to the conservative Federalist Society in Washington. He says that the court threatens the "constitutional rights" of Americans and U.S. sovereignty.
The ICC, which is based in the Hague, has a mandate to prosecute war crimes, crimes against humanity and genocide.
President Bill Clinton signed the Rome Statute that established the court, but his successor, George W. Bush, renounced the signature, citing fears that Americans would be unfairly prosecuted for political reasons.
The State Department is announcing the closure of the Palestine Liberation Organization office in Washington.
The department says that the PLO "has not taken steps to advance the start of direct and meaningful negotiations with Israel."
It accuses the Palestinian leadership of condemning a yet-to-be-released Trump administration plan to forge peace between Israel and the Palestinians. It also contends that the PLO is refusing to engage with the U.S. government on peace efforts.
In its statement Monday, the department says its decision is also consistent with administration and congressional concerns with Palestinian attempts to prompt an investigation of Israel by the International Criminal Court. |
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Nevada high court says execution doctor's name stays secret
Lawyer Interview |
2018/09/11 11:51
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The name of the physician picked to attend a state inmate's execution can remain secret, even from drug makers suing to ban the use of their products in the twice-postponed lethal injection, the Nevada Supreme Court ruled Monday.
In a twist, lawyers for three pharmaceutical companies who won the right to obtain the name last week — and had promised to sue the doctor once they got it — told a judge in Las Vegas that they welcomed Monday's high court order.
Attorney Todd Bice, representing drug firm Alvogen, told Clark County District Court Judge Elizabeth Gonzalez the high court decision to protect the doctor's identity, coupled with a recent sworn statement from Nevada prisons chief James Dzurenda, bolsters companies' arguments that their business would be hurt if their drugs are used.
"We aren't going to get into the identity of the doctor. We do intend to argue strongly that having your name associated with capital punishment is harmful to reputations," Bice said. "The director testified that it would be ruinous of the doctor's reputation."
Gonzalez had ruled last week that drug companies could learn the name, but it would not be disclosed to the public.
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The Latest: Authorities: Officer arrested for manslaughter
Court Watch |
2018/09/09 11:51
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The Texas Department of Public Safety says a white Dallas police officer has been arrested on a manslaughter warrant in the shooting of a black man at his apartment.
The department said in a news release Sunday night that Officer Amber Guyger was booked into the Kaufman County Jail and that the investigation is ongoing. It said no additional information is available at this time. The 30-year-old Guyger killed 26-year-old Botham Jean on Thursday.
Police say Guyger shot and killed Jean after returning in uniform to the South Side Flats, where they both had apartments, following her shift. She reported the shooting to dispatchers and she told officers who responded that she had mistaken Jean's apartment for her own.
The lawyer for the family of a 26-year-old man who was shot and killed by a Dallas police officer who said she mistook his apartment for hers is calling for her to be charged.
S. Lee Merritt, who is representing the family of 26-year-old Botham Jean, said Saturday that the family isn't calling on the authorities to jump to conclusions or to deny Officer Amber Guyger her right to due process.
But he says they want Guyger "to be treated like every other citizen, and where there is evidence that they've committed a crime, that there's a warrant to be issued and an arrest to be made."
Online records show that Guyger hadn't been charged as of Sunday morning. |
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Indiana high court to consider city rental registration fee
Attorney Career |
2018/09/08 11:51
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The Indiana Supreme Court is preparing to review the constitutionality of a 2015 state law targeting the city of Hammond's rental registration revenue.
The (Northwest Indiana) Times reports that the state's high court will hear oral arguments Thursday about a law limiting housing rental registration fees to $5 per unit per year. The law exempts Bloomington and West Lafayette due to their unique rental market as college towns, but applies to Hammond, which charges rental registration fees of $80 per unit.
The state Court of Appeals struck down the law in February, concluding that lawmakers violated the constitutional ban on special laws "relating to fees or salaries" by allowing only the two college towns to charge a rental registration fee distinct from what applies across the rest of Indiana. |
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