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Ohio: Changes in execution process constitutional
Court Watch |
2012/01/12 10:13
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The deviations from official death penalty procedures made during an execution last year were minor changes that wouldn't cause pain to an inmate or violate his rights, the state said in a filing Friday seeking to overturn a judge's ruling that postponed next week's execution of a man who stabbed an elderly couple to death 25 years ago.
Attorneys for Charles Lorraine argued that the deviations were important enough to cause concern that Ohio was still not following its own rules for putting inmates to death.
U.S. District Court Judge Gregory Frost agreed, and on Wednesday stopped Lorraine's execution while acknowledging he didn't want to be micromanaging Ohio's death penalty processes.
Frost said the state failed to document the drugs used in its last execution in November and failed to review the medical chart of the inmate put to death.
Attorneys for the state had argued previously that the changes were negligible, and they said Friday the execution should proceed. |
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Federal court hears case on Arizona ski resort
Court Watch |
2012/01/10 10:09
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A federal appeals court is hearing arguments in a case that challenges the planned use of reclaimed water for snowmaking at an Arizona ski resort.
The 9th Circuit U.S. Court of Appeals is scheduled to hear the case Monday morning in San Francisco.
The Save the Peaks Coalition and a group of citizens want the U.S. Forest Service to do a more thorough environmental analysis on the health and safety risks of using treated wastewater for artificial snow.
A lower court has ruled that the Forest Service adequately considered the impacts of the snowmaking plan and that the record supported the agency's decision to allow it.
More than a dozen tribes consider the mountain sacred. American Indian tribes argued unsuccessfully in a separate case that the plan violated religious freedom.
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Court hearings resume in Jefferson bankruptcy case
Court Watch |
2012/01/05 09:37
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Court hearings in Jefferson County's record-setting bankruptcy filing are scheduled to resume Thursday. The Birmingham News reports that U.S. Bankruptcy Judge Thomas Bennett is expected to consider a variety of motions.
Jefferson County filed the largest municipal bankruptcy in U.S. history last year over more than $4 billion in debt. Most of the debt stems from borrowing to pay for upgrades to the county's sewer system.
This week, a group of Alabama lawmakers, Jefferson County commissioners and health care professionals met privately to discuss ways to address the county's general fund crisis and other matters.
The Birmingham News reports the three-hour meeting at Vestavia Hills City Hall included Commission President David Carrington; Republican state Rep. Paul DeMarco of Homewood; and Republican state Sen. Jabo Waggoner of Vestavia Hills.
Participants said Tuesday's meeting was the latest in a series of behind-the-scenes efforts among commissioners, Jefferson County legislators, business leaders and others to find ways to solve the county's massive general fund woes. |
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High court to hear environmental case from Idaho
Court Watch |
2012/01/02 11:21
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Mike Sackett remembers what he thought when he saw the eye-popping fines of more than $30,000 a day that the Environmental Protection Agency was threatening to impose on him over a piece of Idaho property worth less than one day's penalty.
"If they do this to us, we're going to lose everything we have," Sackett said.
The EPA said that Sackett and his wife, Chantell, illegally filled in most of their 0.63-acre lot with dirt and rocks in preparation for building a home. The agency said the property is a wetlands that cannot be disturbed without a permit. The Sacketts had none.
They say they considered walking away from the property, near scenic Priest Lake, and a difficult fight with the federal government. Instead, they went to court and now the Supreme Court is hearing their case, with implications well beyond their property.
The justices are considering how and when people can challenge the kind of order the Sacketts got. The EPA issues nearly 3,000 administrative compliance orders a year that call on alleged violators of environmental laws to stop what they're doing and repair the harm they've caused.
Major business groups, homebuilders, road builders and agricultural interests all have joined the Sacketts in urging the court to make it easier to contest EPA compliance orders issued under several environmental laws. |
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Del. court says ex-HP CEO can't keep letter secret
Court Watch |
2011/12/30 13:19
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Former Hewlett-Packard Co. CEO Mark Hurd will have to make public a letter detailing sexual-harassment allegations that led to his ouster.
The Delaware Supreme Court, the state's highest, ruled on Wednesday that Hurd's lawyers didn't show that disclosing the letter would invade California privacy rights. The ruling said information that is only "mildly embarrassing" is not protected from public disclosure. The letter, it added, does not contain trade secrets or non-public financial information that would qualify.
Although the letter goes into "embarrassing detail about Hurd's behavior, it does not describe any intimate conversation or conduct," the ruling said. Some sentences, concerning Hurd's family, were ordered redacted, but no one appealed that part of a lower court's decision, according to the ruling.
Celebrity attorney Gloria Allred sent the letter last year on behalf of Jodie Fisher, who was hired to help with HP networking events and later accused Hurd of sexual harassment. Although an investigation did not find any sexual harassment, it uncovered inaccurate expense reports that ultimately pressured Hurd to resign. Hurd now works as co-president at rival Oracle Corp.
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