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Kansas considers giving governor more say in high court
Network News |
2016/02/06 13:40
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Kansas lawmakers are considering giving the governor more authority over who is appointed to the state Supreme Court, which has been under increasing attacks by conservatives who say it is too liberal.
A proposed constitutional amendment to change the system received first-round approval in the House on Wednesday and advances to final action today. It needs approval from two-thirds of House members to advance to the Senate.
With major cases on school funding and abortion restrictions now pending before the high court, Republican Gov. Sam Brownback and his allies are seeking to change its makeup. Last year, Brownback openly campaigned against the retention of two state Supreme Court justices.
The state's high court judges are chosen by five attorneys and four representatives selected by the governor. The nonpartisan committee then chooses three finalists, with the governor making the final selection. A proposed constitutional amendment would change the system so that the governor would nominate justices, who would then be approved for the court by a majority of the Senate.
During debate Wednesday, opponents argued the move is drastic. Supporters argued that the current process is undemocratic.
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Florida asks court to deny inmate's execution-delay request
Headline Court News |
2016/01/22 13:41
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Florida has asked the state's high court to reject a condemned inmate's request to delay his execution based on the U.S. Supreme Court's finding that Florida's procedure for imposing the death penalty is illegal.
In a brief filed Thursday, Florida Attorney General Pam Bondi's office said the U.S. Supreme Court's finding should not be applied retroactively to already-settled death penalty cases.
Ruling on the Hurst v. Florida case Tuesday, the nation's highest court ruled 8-1 that Florida's procedure is flawed because it allows judges, not juries, to decide death sentences.
Attorneys for convicted killer Michael Lambrix cited the ruling in their request for a new sentencing hearing for him.
Lambrix is scheduled to be executed by lethal injection on Feb. 11.
It wasn't clear when the court would rule.
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High court seems skeptical of mandatory public union fees
Legal Business |
2016/01/14 13:41
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The Supreme Court appears ready to deliver a major setback to American unions as it considers scrapping a four-decade precedent that lets public-sector labor organizations collect fees from workers who decline to join.
During more than an hour of oral arguments Monday, the high court's conservative justices seemed likely to side with a group of California teachers who say those mandatory fees violate the free-speech rights of workers who disagree with a union's positions.
Labor officials fear unions' very existence could be threatened if workers are allowed to get all the benefits of representation without at least paying fees to cover the costs of collective bargaining. The case affects more than 5 million workers in 23 states and Washington, D.C.
But Justice Anthony Kennedy rejected arguments by lawyers for the state of California and the California Teachers Association that the current fee system is needed to prevent non-members from becoming "free riders" ? workers who reap the rewards of union bargaining and grievance procedures without paying for it.
"The union basically is making these teachers compelled riders for issues on which they strongly disagree," Kennedy said, noting the political nature of bargaining issues like teacher salaries, merit promotions and class size.
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High court rejects appeal over Homeland Security records
Interview |
2016/01/10 13:41
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The Supreme Court won't hear an appeal from a public interest group seeking to get internal records from the Department of Homeland Security about its protocol for shutting down wireless networks during emergencies.
The justices on Monday let stand an appeals court ruling that said the agency could refuse to release the documents under an exception to the Freedom of Information Act for disclosures that could endanger lives.
The Electronic Privacy Information Center argued that the appeals court construed the law too broadly so that the government could conceal any records by claiming they concern security measures.
The U.S. Court of Appeals for the District of Columbia Circuit said the agency didn't need to specify exactly whose life would be endangered.
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Court turns down appeal for Harvey family killer
Press Release |
2015/12/25 16:54
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A federal appeals court won't rehear the case of a man sentenced to death in the New Year's Day 2006 slaying of a Richmond family.
Lawyers for Ricky Jovan Gray had asked the 15-member U.S. Circuit Court of Appeals to rehear claims that were rejected by a three-judge panel two weeks ago. The court rejected Gray's request on Tuesday.
Rob Lee, an attorney for Gray, says he now intends to ask the U.S. Supreme Court to review the case.
Gray was convicted in the slayings of Bryan and Kathryn Harvey and their daughters, 9-year-old Stella and 4-year-old Ruby.
The 38-year-old claims his trial attorneys failed to present evidence that might have cast doubts on his confession and by not telling jurors that he was high on PCP during the murders.
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Florida Supreme Court denies stay of execution
Blog Updates |
2015/12/24 16:54
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The Florida Supreme Court has denied a stay of execution for a 53-year-old convicted killer from the Tampa Bay area. The court's late Wednesday decision regarding the case of Oscar Ray Bolin was posted on its website Thursday morning. The court did not offer any explanation or discussion for its ruling.
Oscar Ray Bolin is scheduled for execution on Jan. 7. He and his lawyers filed a motion Tuesday with the state's highest court, saying that he plans to appeal to the U.S. Supreme Court.
On Dec. 17, the state court denied Bolin's appeal based on alleged new evidence. The court ruled Bolin should be put to death for the December 1986 murder of Teri Lynn Matthews. Matthews was abducted in Pasco County, raped and then beaten and fatally stabbed.
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Jeffrey Dahmer's lawyer suspended by Supreme Court
Network News |
2015/12/23 16:54
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The Wisconsin Supreme Court on Wednesday suspended serial killer Jeffrey Dahmer's attorney for two months over a series of ethics violations tied largely to an attempt to help a client recover money spent on fake John Lennon memorabilia.
The justices also ordered Gerald Boyle to take courses in law office management and to pay $24,900 to cover the costs of the disciplinary proceedings against him.
Boyle rose to prominence in southeastern Wisconsin law circles after he defended Dahmer. The serial killer was sentenced to life in prison after confessing to 17 murders. Another inmate killed Dahmer in 1994. Boyle also gained fame for defending former Green Bay Packers star Mark Chmura against sexual assault charges. Chmura was ultimately acquitted in 2001.
Boyle didn't immediately return a voicemail left Wednesday at his Milwaukee office.
According to court documents, the state Office of Lawyer Regulation brought six misconduct counts against Boyle last year. Five counts were connected to a man who paid out-of-state galleries tens of thousands of dollars for a microphone Lennon had used and sketches the Beatles front man had drawn.
The man, identified only as D.P. in the documents, hired Boyle to represent him in efforts to recover his money after he learned the memorabilia was fake.
Boyle improperly deposited $65,000 in advance fees from D.P. in his office's operational account rather than in a client trust fund, according to court documents. The attorney also failed to prepare written fee agreements or explain in writing the basis for the fees.
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