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Facing death penalty, school shooting suspect in court
Law Blogs |
2018/03/14 21:37
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Now formally facing the death penalty, the suspect in the Valentine’s Day school shooting that killed 17 people in Florida is headed for a court appearance Wednesday on a 34-count indictment.
An arraignment hearing is set for 19-year-old Nikolas Cruz, whose attorneys say he will plead guilty to all charges if the death penalty is not pursued in the Marjory Stoneman Douglas High School massacre. But Broward County State Attorney Michael Satz on Tuesday filed formal notice that prosecutors will indeed seek capital punishment.
Broward County Public Defender Howard Finkelstein, whose office is representing Cruz, has said there were so many warning signs that Cruz was mentally unstable and potentially violent, and that the death penalty might be going too far.
In an email Tuesday, Finkelstein said Cruz is “immediately ready” to plead guilty in return for 34 consecutive life sentences.
“We are not saying he is not guilty but we can’t plead guilty while death is still on the table,” Finkelstein said.
If Cruz does not enter a plea himself — known as standing mute before the court — a not guilty plea will likely be entered on his behalf by Broward Circuit Judge Elizabeth Scherer to keep the legal process moving along, his attorneys have said.
In every case, there is always the possibility of a plea deal. The only other penalty option for Cruz, if convicted, is life in prison with no possibility of parole.
Fred Guttenberg, whose daughter Jamie Guttenberg died in the shooting, was angry the state decided to pursue the death penalty, noting how tortuously long capital punishment cases last. |
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GOP to take new congressional map to court
Law Blogs |
2018/02/14 22:58
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Republicans say they’ll go to federal court this week to try to block new court-ordered boundaries of Pennsylvania’s congressional districts from remaining in effect for 2018’s elections.
Top Senate Republican lawyer Drew Crompton said Monday a separation of powers case will form the essence of the GOP’s argument. Crompton won’t say whether Republicans will go to a district court or the U.S. Supreme Court or what type of legal remedy they’ll seek.
But the case will involve making the argument the U.S. Constitution gives state legislatures and governors, not courts, the power to draw congressional boundaries.
Earlier this month, the U.S. Supreme Court wouldn’t stop the state court’s order to redraw congressional districts. Democratic Gov. Tom Wolf calls the new map an effort to remedy the state’s unfair and unequal congressional elections.
Democratic Pennsylvania Gov. Tom Wolf is applauding the new boundaries of congressional districts being imposed by the state Supreme Court.
Wolf said in a statement Monday that Pennsylvanians “are sick and tired of gerrymandering.” He calls the court’s map an effort to remedy the state’s unfair and unequal congressional elections.
Wolf had backed the Democratic-majority state high court’s ruling last month to throw out Pennsylvania’s district boundaries. Republicans have won 13 of Pennsylvania’s 18 seats in three elections under the invalidated map, although statewide elections are often closely contested.
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Samsung worker killed by brain tumor wins compensation case
Law Blogs |
2017/11/10 13:07
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Overturning an appeal court's decision, South Korea's Supreme Court said Tuesday the family of a Samsung worker who died of a brain tumor should be eligible for state compensation for an occupational disease.
The ruling on Lee Yoon-jung, who was diagnosed with a brain tumor at age 30 and died two years later, reflects a shift in the handling of such cases in South Korea.
Workers used to have the onus of proving the cause of a disease caused by their work. But after years of campaigning by labor advocates to raise awareness about the obstacles workers face in getting information about chemicals used in manufacturing, courts have begun to sometimes rule in favor of workers.
Lee worked at a Samsung chip factory for six years from 1997 to 2003 but there was no record available of the levels of chemicals she was exposed to while working there.
An appeals court denied the claim filed by Lee, based on government investigations into the factory conducted after she left the company. The investigations reported that the workers' exposure to some toxins, such as benzene, formaldehyde and lead, were lower than maximum permissible limits. They did not measure exposure levels to other chemicals or investigate their health risks.
The Supreme Court said such limitations in government investigations should not be held against a worker with a rare disease whose cause is unknown.
The case filed by Lee's family is the second time this year South Korea's highest court has ruled in favor of a worker. In August, the Supreme Court struck down a lower court's ruling that denied compensation to a former Samsung LCD factory worker with multiple sclerosis.
The government-run Korea Workers' Compensation & Welfare Service, the defendant in the case, did not respond to requests for comment.
Lim Ja-woon, the lawyer representing Lee, said brain tumors are the second-most common disease, after leukemia, among former Samsung workers who sought compensation or financial aid from the government or from Samsung for a possible occupational disease. He said 27 Samsung Electronics workers have been diagnosed with brain tumors, including eight people who worked at the same factory as Lee. |
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Court extends house arrest for Russian theater director
Law Blogs |
2017/10/11 01:08
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A court in Russia's capital ruled Tuesday to extend the house arrest of a widely revered theater and film director.
Kirill Serebrennikov was detained and put under house arrest in August in a criminal case that sent shockwaves across Russia's art community and raised fears of return to Soviet-style censorship.
Moscow's Basmanny District Court decided to keep Serebrennikov under house arrest until Jan. 19 per investigators' request.
Investigators have accused him of scheming to embezzle about $1.1 million in government funds allocated for one of his productions and the projects he directed between 2011 and 2014.
Serebrennikov has dismissed the accusations as absurd.
High court to hear appeal in Newtown gun maker lawsuit
The appeal of a decision to dismiss a wrongful death lawsuit against the maker of the rifle used in the 2012 Newtown school shooting is headed to Connecticut's highest court next month.
The state Supreme Court will begin hearing arguments Nov. 14 in the civil case brought against North Carolina-based Remington Arms by some of the Newtown victims' families.
A Superior Court judge dismissed the case last year. At issue were exceptions to a federal ban on most lawsuits against gun makers. The judge rejected the families' argument that the suit is allowed under the exceptions.
Newtown shooter Adam Lanza used a Remington-made, AR-15-style rifle to kill 20 children and six educators. |
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Israeli protesters erect golden statue of High Court chief
Law Blogs |
2017/08/31 09:02
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Jerusalem residents woke to discover a surprising spectacle outside the country's Supreme Court — a golden statue of the court's president put up in protest by members of a religious nationalist group.
Police quickly removed the statue of Miram Naor, raised outside the court overnight, but after questioning some suspects, said no criminal activity had occurred.
Derech Chaim, which wants to impose Jewish religious law in Israel, said it had put up the statue to protest what one activist called the court's "dictatorship." Many Israeli hardliners consider the court to be excessively liberal and interventionist.
Ariel Gruner, a Derech Chaim activist, said the statue was erected in response to a court ruling this week over the country's treatment of African migrants. The ruling said that while Israel can transfer migrants to a third country, it cannot incarcerate them for more than 60 days to pressure them to leave.
The ruling is among a series of decisions that "eliminates the possibility of elected officials, of the government, to make decisions and rule," Gruner said.
He acknowledged that the statue had been inspired by a golden statue of Prime Minister Benjamin Netanyahu erected by a left-wing artist in a main Tel Aviv square last year.
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