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Kansas Supreme Court to hear death row inmate's appeal
Law Firm News | 2016/12/19 16:56
Attorneys for a Kansas death row inmate convicted of killing his estranged wife, their two daughters and his wife's grandmother in 2009 will get to make their case to the state's highest court about why he should be spared.

James Kraig Kahler argues in his appeal that the court where he stood trial made mistakes, and he questions whether his death sentence was warranted.

Friday's hearing will be the Kansas Supreme Court's first death penalty case since Election Day, when voters retained four of its justices who were targeted for ouster partly because the court overturned other death sentences.

Kansas reinstated capital punishment in 1994 but hasn't executed anyone in more than half a century. The state Supreme Court has overturned death sentences seven times in 20 years, with five of those decisions later reversed by the U.S. Supreme Court.

Kahler was convicted in 2011 of fatally shooting Karen Kahler, 44, her 89-year-old grandmother, Dorothy Wight, and the Kahlers' two daughters, 18-year-old Emily and 16-year-old Lauren, at Wight's home in Burlingame, about 65 miles southwest of Kansas City. Authorities said he went from room to room shooting his victims. The couple's 10-year-old son survived unharmed.



Dems to use hearings on Trump picks to court working class
Court News | 2016/12/18 16:57
Determined to hold around two dozen Senate seats in 2018, Democrats will use the coming series of confirmation hearings to try to distinguish themselves from President-elect Donald Trump's billionaire nominees and convince working-class voters who elected him that he's not on their side.

While Democrats have little leverage to stop the Republican's picks in the Senate, they still plan a fight. To highlight what they say is the hypocrisy of Trump's campaign promise to be a champion for the economically struggling little guy, they'll focus on the nominees' wealth, ties to Wall Street and willingness to privatize Medicare, among other issues. In some cases, they'll seek to drag out the process by demanding more information and ensuring a full airing of potential conflicts of interest.

"We're going to give each of them a thorough examination to determine whether they'll actually stand up for workers against the special interests or rig the system even more," said incoming Senate Democratic Leader Chuck Schumer of New York, echoing some of Trump's own campaign rhetoric.

Democrats gave up their ability to block Trump's nominees in 2013, when then-Senate Majority Leader Harry Reid changed Senate rules and reduced the number of votes needed to end filibusters. Now in the majority, Republicans can confirm the nominees along partisan lines.

The limits of the Democratic minority have already been tested, as California Sen. Dianne Feinstein, who will be the top Democrat on the Senate Judiciary Committee in the new session, has repeatedly asked Judiciary Chairman Charles Grassley for more time to review documents ahead of Jan. 10-11 hearings for Sen. Jeff Sessions, Trump's choice for attorney general. Grassley, an Iowa Republican, has declined to delay the hearings.



Man who fired shots in DC pizza parlor expected in court
Court Watch | 2016/12/18 16:57
Family members noticed a change in the man charged with firing an assault rifle in a Washington pizza parlor after he hit a 13-year-old pedestrian with his car in October, his parents said.

Edgar Maddison Welch shifted from energetic and outgoing to melancholy and quiet, Terri Welch and Harry Welch Jr. told The Washington Post at their son's public defender's office Monday.

"He was very traumatized. We feel that accident changed him," Harry Welch said, and his wife said they have wondered whether it could have been a catalyst for the incident at Comet Ping Pong.

Police and prosecutors say that on Dec. 4, Maddison Welch went into the restaurant and fired an AR-15 rifle multiple times inside. No one was hurt.

He told police "he had read online that the Comet restaurant was harboring child sex slaves," and he wanted to investigate, according to court documents.

The couple from North Carolina was in town to attend a Tuesday court hearing for their son, whom they have not spoken with since the shooting. The 28-year-old Welch, of Salisbury, North Carolina, has been in jail since the shooting. He faces charges including assault with a dangerous weapon.

Harry Welch said his son felt guilty after the crash and worried about the long-term effects for the child, who had to be airlifted to a hospital with broken bones and a head injury. His parents said Maddison Welch began having nightmares but did not to seek help.


Supreme Court upholds broad reach of bank fraud law
Court News | 2016/12/16 16:57
The Supreme Court is upholding the broad reach of a federal law prohibiting bank fraud.

The unanimous ruling on Monday came in the case of a California man who illegally siphoned about $307,000 out of a Taiwanese businessman's Bank of America bank account.

Justice Stephen Breyer rejected Lawrence Shaw's claim that the law applies only when a defendant intends to cheat the bank itself ? not a bank customer. Breyer said the bank has property interests in the customer's account and that Shaw misled the bank to steal the customer's money.

The justices sent the case back to a lower court to decide whether the jury instructions in Shaw's case were correct.


Justices ask lower court to reconsider class action case
Attorney News | 2016/12/12 16:58
The Supreme Court is asking a lower court to take another look at a class action lawsuit brought by nearly 300 cable technicians that alleges their company encouraged workers to underreport overtime hours.

The justices said Monday that a federal appeals court should reconsider its decision allowing the lawsuit to proceed against cable installation firm FTS USA and its parent company, UniTek USA.

The companies argue that the district court should not have calculated damages for hundreds of workers by averaging the experiences of only 17 workers who testified.

A federal judge awarded the technicians $3.8 million after a jury found the company at fault. A federal appeals court said that award was too high, but rejected arguments that a single class action lawsuit was improper.

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.

New York state has accused the former 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.



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