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California Supreme Court halts death penalty measure
Court Watch |
2016/12/22 16:56
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The California Supreme Court on Tuesday blocked a voter-approved measure intended to speed up the appeals process for the state's Death Row inmates to give it time to consider a lawsuit challenging the measure.
In a one-page decision, the court stayed the "implementation of all provisions of Proposition 66" and set a timeline for filing briefs in the case.
Proposition 66 would change how appeals are handled, appointing more lawyers to take cases, putting certain types of appeals before trial court judges and setting a five-year deadline for appeals to be heard. Currently, it can take longer than that for an attorney to be assigned to a case and upward of 25 years to exhaust appeals.
The lawsuit by former Attorney General John Van de Kamp and Ron Briggs, whose father wrote the ballot measure that expanded California's death penalty in 1978, said the reform measure would disrupt the courts, cost more money and limit the ability to mount proper appeals. They said the deadlines would set "an inordinately short timeline for the courts to review those complex cases" and result in attorneys cutting corners in their investigations.
Supporters of the measure have called the lawsuit a frivolous stall tactic.
California voters faced two death penalty measures on the November election. They rejected a measure that would have abolished the death penalty and narrowly approved Proposition 66.
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Ohio's high court dismisses media lawsuit over bodycam video
Court News |
2016/12/22 16:55
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The Ohio Supreme Court dismissed a public information lawsuit Tuesday without ruling on its argument that video from police body cameras are public record and should be released on request.
In not taking up the issue, the court noted that the video had already been released — two days after news organizations requested the footage in the July 19, 2015, traffic stop and fatal shooting of a black motorist by a white University of Cincinnati officer.
News organizations including The Associated Press sued Hamilton County Prosecutor Joe Deters last year when he initially refused to release the police bodycam video. Deters released the material after the officer was indicted on charges including murder.
In Tuesday's ruling, Justice Judith Ann Lanzinger wrote that the prosecutor was entitled to review the video first to determine whether any information had to be redacted; she noted that Deters produced the footage six days after he received it.
"We conclude that he responded in a reasonable period of time," she said.
Deters said he was pleased with the decision, saying "it lets the prosecutor do his job to investigate cases before material is released to the media potentially jeopardizing future prosecution."
Attorney Jack Greiner, representing the media groups, called it a narrow decision with little precedent-setting value. He noted it doesn't affect a Dec. 6 ruling by the state Supreme Court that said video footage from police cruiser dash cameras is public record that, with some exceptions, should be promptly released upon request. |
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Court to unseal Clinton email search warrant
Headline Legal News |
2016/12/21 16:56
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A federal court in New York is scheduled to release redacted copies Tuesday of the search warrant that allowed the FBI to dig into a trove of Hillary Clinton emails days before the presidential election.
The emails were found on a computer belonging to former U.S. Rep. Anthony Weiner, the estranged husband of a top Clinton aide.
A judge ruled Monday that the public had a right to see the warrant application, but said portions would be blacked out to conceal information about an ongoing investigation involving Weiner.
Federal agents have been probing his online contact with a teenage girl.
The discovery of the emails prompted FBI Director James Comey (KOH'-mee) to briefly reopen an investigation into Clinton's use of a private email server as secretary of state.
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High court turns away appeal from former AIG executives
Legal Business |
2016/12/20 16:56
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The Supreme Court won't hear an appeal from two former American International Group executives seeking to avoid civil fraud claims on charges they hid hundreds of millions of dollars in losses from investors.
The justices on Monday let stand a lower court ruling that said former chief executive officer Maurice Greenberg and former chief financial officer Howard Smith must stand trial.
executives of manipulating AIG's accounting records to hide hundreds of millions of dollars in losses from investors.
The state seeks an order banning Greenberg from working in the securities industry or as an executive for any public company. It also is seeking $53 million, including bonuses Greenberg received during the period he is alleged to have manipulated the company's finances.
Greenberg was seen at Trump Tower in New York on Monday. He did not stop to speak with the press. |
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Massachusetts teen due in court in texting suicide case
Law Blogs |
2016/12/20 16:56
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A Massachusetts woman accused of sending her boyfriend text messages encouraging him to kill himself is due in court for a pretrial hearing.
Michelle Carter is charged with manslaughter in the 2014 death of Conrad Roy III. The 18-year-old Roy died of carbon monoxide poisoning. Prosecutors say the then-17-year-old Carter had sent him dozens of messages urging him to follow through on his suicide plan.
Earlier this month, Carter’s attorney asked a judge for funds to hire an expert to explain the effects of an antidepressant to a jury at Carter’s trial. The judge denied the request.
Carter’s lawyer said both teens were taking an antidepressant that has a warning that it may cause suicidal thoughts.
Carter’s lawyer said he may make additional arguments at a hearing scheduled for Monday. |
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