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Court rejects Florida prison privatization appeal
Court Watch |
2012/07/25 14:58
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An appellate court on Tuesday tossed out Attorney General Pam Bondi's request for a decision to uphold the proposed privatization of 29 South Florida prison facilities.
A three-judge panel of the 1st District Court of Appeal rejected her plea to reverse a lower court's ruling against privatization, saying Bondi couldn't appeal on her own after her client, the Department of Corrections, declined to do so. The panel unanimously dismissed the case because Bondi was not a party.
"A party who suffers an adverse judgment in Circuit Court has the right to appeal, but nonparties whose rights have not been adjudicated have no right of appeal," Chief District Judge Robert Benton wrote for the court.
Leaders of the Republican-controlled Legislature had urged Bondi to appeal after Gov. Rick Scott decided the department, which is part of his administration, would not.
One of Bondi's assistants acknowledged during oral argument last month that it was too late to carry out the privatization due to the expiration of a budget provision authorizing the plan. Nevertheless, Assistant Attorney General Jonathan Glogau asked the appellate court to issue a ruling upholding the privatization provision that would set a precedent for future budgets.
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Pa. high court denies Orie Melvin request
Court Watch |
2012/07/20 12:07
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A Pennsylvania state Supreme Court justice who is fighting political corruption charges has lost a request for her fellow justices to intervene in her criminal court case and require that an out-of-county judge preside over it.
The state Supreme Court issued the one-page order denying the request from suspended Justice Joan Orie Melvin on Tuesday. Melvin had sought to keep Allegheny County judges from hearing her case, complaining that one Allegheny County judge is married to a key prosecution witness, Lisa Sasinoski.
Melvin also had objected to a local district judge presiding over her preliminary hearing, saying the case may be too complex. Melvin asked her colleagues on the state Supreme Court to intervene after an Allegheny County judge denied her initial request. |
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La. high court upholds murder conviction
Court Watch |
2012/07/03 02:09
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The Louisiana Supreme Court has upheld the conviction of a woman in the shooting death of her live-in boyfriend in 2009.
The Advocate reports that Mary Henderson Trahan was convicted of second-degree murder in Lafayette Parish in 2010 in the death of George Barbu.
An appeals court ruled the evidence did not support her conviction. Prosecutors appealed.
The Supreme Court this week said a rational juror could find from the evidence that Trahan had "specific intent to kill or to inflict great bodily harm" to Barbu.
Trahan had claimed she accidentally shot Barbu after she slipped and fell while holding a gun.
The Supreme Court said jurors heard no evidence to support Trahan's claim.
Trahan faces up to life in prison when she is sentenced.
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Court knocks down BASF, Shell Brazil payment
Court Watch |
2012/07/03 02:08
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Brazil's top labor court has knocked down a judge's order that Shell Brasil SA and BASF SA deposit $382 million into a fund for workers allegedly contaminated at a chemicals plant.
An emailed statement from the court Wednesday says its lead judge ruled a day earlier in favor of an appeal against immediate payment. A class-action lawsuit seeking compensation from the companies remains before the labor court.
A federal judge in late June ordered the subsidiaries of Royal Dutch Shell PLC and BASF SE to pay into the fund now. Prosecutors sought the order, saying the cash should be immediately available in case workers win the overall lawsuit.
Both Shell and BASF welcomed the new ruling and say they will abide by all legal decisions in the case.
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Report: Okla. court shooting suspect delusional
Court Watch |
2012/07/02 02:08
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Prosecutors will review a psychological evaluation that concludes a man accused in a shooting outside the Tulsa County Courthouse doesn't have the capacity to rationally aid in his defense.
Andrew Joseph Dennehy "is exhibiting psychotic symptoms that are marked by delusions of persecution, paranoid ideation and auditory hallucinations," according to Curtis Grundy, a psychologist retained by the defense to evaluate Dennehy.
Grundy's report, filed in court Monday, recommends that Dennehy "be adjudicated as incompetent to stand trial and referred for inpatient psychiatric treatment" for competency restoration at the Oklahoma Forensic Center in Vinita, the Tulsa World reported.
Dennehy has explained that "the Freemasons and illuminati were conspiring to harm or kill himself and his parents" and that, in response, "he attempted to have himself killed by the police so that the illuminati and Freemasons would leave his parents alone," according to Grundy's report.
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