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Nebraska high court rejects appeal in Scottsbluff murder
Court Watch |
2021/05/21 12:01
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The Nebraska Supreme Court on Friday rejected the postconviction appeal of a man serving life in prison for the brutal stabbing death of his girlfriend in 2017.
Lucio Munoz, 69, had argued in his postconviction motion that his trial and direct appeal attorneys were so ineffective that it violated his right to fair trial. When a lower court rejected his motion without an evidentiary hearing, Munoz appealed.
On Friday, the state’s high court ruled that the lower court was right to dismiss the appeal without a hearing, saying Munoz failed to show he had any new evidence or information that would have changed the outcome of his conviction.
Munoz was found guilty of killing 48-year-old Melissa May, whose body was found in her Scottsbluff apartment Jan. 3, 2017, after officers went to check on her. Authorities said she had been stabbed 37 times, most likely on Dec. 31, 2016.
By the time May’s body was found, Munoz had already left town. He was arrested several days later in Bradley, Illinois.
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Nevada inmate fighting on several fronts to avoid execution
Court Watch |
2021/04/24 14:18
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A convicted Nevada mass murderer is mounting a range of legal challenges to a bid to schedule his execution in early June, including questioning whether the district attorney in Las Vegas really wants the lethal injection carried out at a decommissioned prison in Carson City.
Prosecutor Alexander Chen on Friday said that’s a mistake that will be corrected in court filings next week.
Attorneys for Zane Michael Floyd filed new documents this week asking a state court judge to halt the process at least long enough to determine if the state’s lethal injection procedure would be unconstitutionally cruel and inhumane, and to force prisons officials to show they have the three drugs they would use.
“We would add to that the opportunity to present clemency on behalf of our client,” Floyd’s attorney, Brad Levenson, said in an email. “We are indeed litigating in state and federal court on many serious issues.”
District Attorney Steve Wolfson didn’t immediately respond to messages about documents that Levenson filed Wednesday.
One seeks a stay of execution. The other opposes Wolfson’s request for Clark County District Judge Michael Villani to issue a warrant to set Floyd’s execution date the week beginning June 7.
The prosecutor’s April 15 application for a death warrant specifies that the execution should be “within the limits of the State Prison, located at or near Carson City.”
Villani has scheduled court hearings on May 14. Floyd, 45, was sentenced in 2000 to die for killing four people with a shotgun and badly wounding a fifth in a Las Vegas supermarket in 1999.
He is one of 65 inmates housed on death row at Ely State Prison, a facility 250 miles (402 kilometers) north of Las Vegas and some 260 miles (418 kilometers) east of Carson City where a new lethal injection chamber was built in 2016 at a cost of about $860,000. It has never been used.
Floyd’s attorneys want a judge to force state Department of Corrections officials to say if they’ve changed a procedure posted in July 2018 for a lethal injection that was later called off; to prove they have the drugs they would use; and to demonstrate that witnesses would not be exposed to COVID-19. |
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Court upholds Iowa man’s civil judgment in mother’s death
Court Watch |
2021/03/19 15:21
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There was enough evidence for a jury to conclude in a wrongful death lawsuit that an Iowa man shot and killed his mother, the state Supreme Court ruled Friday, leaving in place the jury’s $10 million award even though the man was eventually acquitted on criminal charges in her death.
The court denied Jason Carter’s appeal of the civil judgment, in which a jury found him responsible for the June 2015 shooting of his mother, Shirley Carter, at her home near Knoxville.
Jason Carter, of Knoxville, and his father, Bill Carter, have been locked in legal disputes since Shirley Carter’s death.
Bill Carter filed the lawsuit on behalf of his late wife’s estate and another son, Billy Dean Carter, in 2016. A jury found Jason Carter liable and awarded a $10 million judgment to be paid to his father and mother’s estate.
Jason Carter was charged with first-degree murder in his mother’s death, but a jury acquitted him in March 2019.
In his appeal of the civil judgment, Jason Carter claimed the judge had wrongly denied his motions to delay the civil trial, saying it should have been postponed because authorities were still investigating his mother’s death and hadn’t charged him yet. But the high court concluded in a decision written by Chief Justice Susan Christensen that “there is no rule requiring trial courts to stay civil proceedings until criminal proceedings conclude.”
Carter also disputed the civil trial judge’s decisions on subpoenas and motions to set aside the jury verdict. His motions were based in part on evidence that had surfaced in which witnesses claimed the shooting was a botched attempt by other people to steal prescription medication from Shirley and Bill Carters’ home. Jason Carter claimed such evidence may have helped him cast doubt on his liability in the civil case.
“We conclude that when viewing the evidence in the light most favorable to the plaintiffs, a reasonable mind could conclude by a preponderance of the evidence that Jason intentionally shot his mother,” Christensen wrote.
Jason Carter’s lawyer, Alison Kanne, said she and her client disagree with the court’s decision and “we remain satisfied with the fact that Jason Carter was conclusively deemed not guilty by a jury of his peers who had all of the information in front of them, which is something the civil jury did not have.”
Bill Carter’s lawyer, Mark Weinhardt, said they were reviewing the decision and would comment later. In his closing argument before the high court, Weinhardt said Bill Carter was seeking at least some measure of justice for his wife.
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Dinamo Zagreb coach quits after receiving prison sentence
Court Watch |
2021/03/13 15:21
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Zoran Mamic quit as Dinamo Zagreb coach after Croatia’s Supreme Court confirmed his nearly five-year prison sentence for tax evasion and fraud, just days before the Croatian champions play a Europa League match against Tottenham.
“Although I do not feel guilty, as I announced earlier, if the verdict is final, I accept it as such and resign from the position of head coach and sports director of GNK Dinamo,” Mamic said in a statement late Monday. “I wish the club a lot of luck and sporting success in its future work.”
Mamic has no further avenue for appeal, and will have to go to prison upon receiving the formal notification of the court ruling.
Mamic and his brother Zdravko, a former Dinamo Zagreb executive director, were charged with embezzling the equivalent of $18 million from the sale of Dinamo Zagreb players to foreign clubs, and for tax evasion worth $2 million.
The Mamic brothers were suspected of embezzlement through fictitious deals made during transfers of several former Dinamo players to foreign clubs, including Luka Modric to Tottenham in 2008.
The Real Madrid midfielder, a former FIFA player of the year, was a key witness during the trial, testifying about his financial deals with the Mamics.
Zoran Mamic was sentenced to four years and eight months in prison. Zdravko Mamic, who was sentenced to six years and six months, fled to Bosnia shortly after a lower court passed the original sentences in 2018.
The Supreme Court also confirmed a three-year prison sentence for former Dinamo director Damir Vrbanovic.
The club said Mamic would be replaced as coach by Damir Krznar.
Dinamo is scheduled to host Tottenham on Thursday in the return leg of their Europa League playoff. Tottenham won the first leg 2-0 last week. |
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High court revives ex-student’s suit against Georgia college
Court Watch |
2021/03/08 14:32
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from distributing Christian literature on campus.
The high court sided 8-1 with the student, Chike Uzuegbunam, and against Georgia Gwinnett College. Uzuegbunam has since graduated, and the public school in Lawrenceville, Georgia, has changed its policies. Lower courts said the case was moot, but the Supreme Court disagreed.
Groups across the political spectrum including the American Civil Liberties Union had said that the case is important to ensuring that people whose constitutional rights were violated can continue their cases even when governments reverse the policies they were challenging.
At issue was whether Uzuegbunam’s case could continue because he was only seeking so-called nominal damages of $1.
“This case asks whether an award of nominal damages by itself can redress a past injury. We hold that it can,” Justice Clarence Thomas wrote for a majority of the court.
Writing only for himself, Chief Justice John Roberts disagreed. Roberts argued that the case brought by Uzuegbunam and another student, Joseph Bradford, is moot since the two are no longer students at the college, the restrictions no longer exist and they “have not alleged actual damages.”
Writing about the symbolic dollar they are seeking, Roberts said that: “If nominal damages can preserve a live controversy, then federal courts will be required to give advisory opinions whenever a plaintiff tacks on a request for a dollar.” He accused his colleagues of “turning judges into advice columnists.”
It appears to be the first time in his more than 15 years on the court that the chief justice has filed a solo dissent in an argued case. That’s according to Adam Feldman, the creator of the Empirical SCOTUS blog, which tracks a variety of data about the court.
Uzuegbunam’s lawyer, Kristen Waggoner of the Arizona-based Alliance Defending Freedom, a group that focuses on faith-based cases, cheered the ruling. “We are pleased that the Supreme Court weighed in on the side of justice for those victims,” she said in a statement.
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