|
|
|
Alabama must disclose status of nitrogen hypoxia executions
Court News |
2022/09/14 13:37
|
A federal judge told Alabama to stop being vague and give a firm answer by Thursday evening on if the prison system is ready to use the untested execution method of nitrogen hypoxia at an execution next week.
U.S. District Judge R. Austin Huffaker, Jr. gave the state the deadline to file an affidavit, or declaration, on whether the state could try to execute inmate Alan Miller by nitrogen hypoxia on Sept. 22 if the use of lethal injection is blocked. The order came after the state dangled the possibility during a Monday court hearing of being ready to become the first state to attempt an execution with nitrogen hypoxia.
Nitrogen hypoxia is a proposed execution method in which death would be caused by forcing the inmate to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions. It’s authorized as an execution method in three states — Alabama, Oklahoma and Mississippi — but has never been used.
The state provided “vague and imprecise statements regarding the readiness and intent to move forward with an execution on September 22, 2022, by nitrogen hypoxia,” Huffaker said.
The judge asked the state Monday whether it was ready to use the method at Miller’s execution. A state attorney replied that it was “very likely” it could use nitrogen hypoxia next week, but said the state prison commissioner has the final decision.
“On or before September 15, 2022 at 5:00 p.m. CDT, the defendants shall file an affidavit or declaration of Commissioner John Q. Hamm, Attorney General Steve Marshall, or other appropriate official with personal knowledge, definitively setting forth whether or not the Defendants can execute the Plaintiff by nitrogen hypoxia on September 22, 2022,” the judge wrote in a Tuesday order.
Miller is seeking to block his scheduled execution by lethal injection, claiming prison staff lost paperwork he returned in 2018 choosing nitrogen hypoxia as his execution method.
Miller testified Monday that he is scared of needles so he signed a form selecting nitrogen hypoxia as his execution method. He said he left the form in his cell door tray for an prison officer to pick up. The state said there is no evidence to corroborate his claim.
|
|
|
|
|
|
|
Pa. man who attacked police on Jan. 6 gets 46-month sentence
Court News |
2022/08/29 12:07
|
A Pennsylvania man was sentenced Friday to 46 months in federal prison for attacking a police officer with a Donald Trump flag during the Jan. 6, 2021, Capitol riot, The Philadelphia Inquirer reported.
The newspaper reported that Howard Richardson, 72, of King of Prussia, told the court in Washington “there’s no excuse” for his behavior and pleaded for mercy.
But U.S. District Judge Colleen Kollar-Kotelly responded, “Your presence and actions in joining other insurrectionists was an inexcusable attack on our democracy.”
Richardson’s sentence is one of the longest yet among those who have been prosecuted for storming the Capitol on Jan. 6 to disrupt the certification of President Joe Biden’s 2020 election victory. In addition to the nearly four-year prison sentence, Richardson was ordered to serve three years under court supervision after his release and to pay $2,000 in restitution.
Richardson never entered the Capitol, the Inquirer reported, but prosecutors said his attack on a Washington, D.C., police officer merited a lengthy prison term.
According to the paper, police body camera footage showed Richardson bludgeoning an officer outside the Capitol with a metal flagpole. NBC News reported that Richardson also joined a mob using a giant Trump billboard as a battering ram.
Approximately 850 people have been charged with federal crimes for their conduct on Jan. 6. Over 350 of them have pleaded guilty, mostly to misdemeanors, and over 230 have been sentenced. Dozens of Capitol riot defendants who pleaded guilty to misdemeanor offenses have been sentenced to terms of imprisonment ranging from seven days to five months.
|
|
|
|
|
|
|
Court puts on hold Graham’s testimony in Ga. election probe
Court News |
2022/08/18 15:24
|
A federal appeals court on Sunday agreed to temporarily put on hold a lower court’s order requiring that U.S. Sen. Lindsey Graham testify before a special grand jury that’s investigating possible illegal efforts to overturn then-President Donald Trump’s 2020 election loss in Georgia.
A subpoena had instructed the South Carolina Republican to appear before the special grand jury on Tuesday.
U.S. District Judge Leigh Martin May last Monday denied Graham’s request to quash his subpoena and on Friday rejected his effort to put her decision on hold while he appealed. Graham’s lawyers then appealed to the 11th U.S. Circuit Court of Appeals.
On Sunday, a three-judge panel of the appeals court issued the order temporarily pausing May’s order declining to quash the subpoena. The panel sent the case back to May to decide whether the subpoena should be partially quashed or modified because of protections granted to members of Congress by the U.S. Constitution.
Once May decides that issue, the case will return to the 11th Circuit for further consideration, according to the appeals court order.
Graham’s representatives did not immediately respond Sunday to messages seeking comment on the appellate ruling. A spokesperson for Fulton County District Attorney Fani Willis declined to comment.
Willis opened the investigation early last year, prompted by a Jan. 2, 2021, phone call between Trump and Georgia Secretary of State Brad Raffensperger. During that conversation, Trump suggested Raffensperger could “find” the votes needed to overturn his narrow loss in the state.
|
|
|
|
|
|
|
Abortion clinic goes before judge to challenge WVa ban
Court News |
2022/07/18 13:01
|
West Virginia’s only abortion clinic was going before a county judge on Monday to ask that an 1800s-era law be thrown out so the facility can immediately resume abortions.
The Women’s Health Center of West Virginia suspended abortion services on June 24, the day the U.S. Supreme Court overturned Roe v. Wade. The state has an abortion ban on the books dating back 150 years that makes performing or obtaining an abortion a felony, punishable by up to a decade in prison. There is an exception for cases in which a pregnant person’s life is at risk.
The ACLU of West Virginia has argued on the clinic’s behalf that the old law is void because it hasn’t been enforced in more than 50 years and has been superseded by a slew of modern laws regulating abortion that acknowledge a woman’s right to the procedure. One example is West Virginia’s 2015 law, which allows abortions until 20 weeks.
In motions before Kanawha County Circuit Court Judge Tera L. Salango in Charleston, the Women’s Health Center’s attorneys said abortion services are essential health care, and the state’s most vulnerable residents are put at risk every day they don’t have access to that care.
Staffers have canceled dozens of abortion appointments, fearing they or their patients could be prosecuted under the old statute. “When it was in effect, the statute was used to criminalize both people who seek and provide abortion care,” the ACLU said.
|
|
|
|
|
|
|
Construction to begin on roadway, but legal fight remains
Court News |
2022/06/20 12:56
|
Construction is scheduled to begin this week on a long-planned road project in the south end of Burlington, Mayor Miro Weinberger said.
The comments came after a federal judge lifted an order that blocked work on the first phase of what is known as the Champlain Parkway.
The first phase of construction will include tree removal and work to protect a brook running through the area.
Opponents say the project does not match current transportation needs and will harm residents in one of the city’s poorest neighborhoods.
In the Friday order, U.S. District Court Judge Geoffrey Crawford said beginning construction of the parkway would not cause irreparable harm to those who oppose the project and there will be time to address in court those underlying issues.
The Champlain Parkway is designed to be a two-lane road that will eventually connect Interstate 189 with downtown Burlington.
The $45 million, two-mile (three-kilometer) project is designed to improve traffic circulation, alleviate overburdened roadways, protect Lake Champlain through enhanced storm water management, and improve vehicular, bike, and pedestrian safety.
|
|
|
|
|
|
Legal News RSS Feed
