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US Supreme Court won't hear Arizona death sentence case
Network News | 2016/10/03 12:21
The U.S. Supreme Court's refusal to hear Arizona's appeal of a lower court ruling that overturned a convicted murderer's death sentence has opened the door for about 25 death row inmates to challenge their sentences.

The justices on Monday let stand the ruling that said Arizona unconstitutionally excluded evidence about James McKinney's troubled childhood and post-traumatic stress disorder that might have led to a lesser punishment.

The 9th U.S. Circuit Court of Appeals ruled last December that Arizona's causal nexus rule violated the Constitution. The rule required any mitigating evidence, such as mental illness or post-traumatic stress disorder, to be directly tied to the crime committed to be relevant in sentencing.



Supreme Court rejects Whitey Bulger appeal
Lawyer News | 2016/10/02 12:21
The Supreme Court has turned away James "Whitey" Bulger's appeal of his racketeering convictions and life sentence.

The justices did not comment Monday in leaving in place Bulger's convictions for playing a role in 11 murders and many other crimes.

The 87-year-old Bulger was a fugitive for 17 years until his arrest in 2011. A jury convicted him in 2013.

Bulger argued that the judge at his trial should have let him tell the jury that a now-dead federal prosecutor had granted him immunity from prosecution. The judge said Bulger hadn't offered hard evidence that such an agreement existed.

Bulger also contended that federal prosecutors failed to disclose "promises, rewards and inducements" made to John Martorano, a hit man who testified against the Boston gangster at his trial.




Supreme Court in holding pattern, awaiting ninth justice
Headline Topics | 2016/10/01 12:36
The Supreme Court is set to begin its new term as it ended the last one — down one justice and ideologically deadlocked on a range of issues.
 
The absence of a ninth justice since Antonin Scalia's death in February has hamstrung the court in several cases. It's forced the justices to look for less contentious issues on which they're less likely to divide by 4-4.

It could be several months, at least, before the nation's highest court is again operating at full strength.

How the presidential election turns out will go a long way toward determining the judicial outlook of the ninth justice, the direction of the court and the outcome of several cases already being heard and others that probably will be at the court soon.

A rush hour commuter train crashed through a barrier at the busy Hoboken station and lurched across the waiting area Thursday morning, killing one person and injuring more than 100 others in a grisly wreck that renewed questions about whether long-delayed automated safety technology could have prevented tragedy.

People pulled chunks of concrete off pinned and bleeding victims, passengers kicked out windows and crawled to safety and cries and screams could be heard in the wreckage as emergency workers rushed to reach the injured in the tangle of twisted metal and dangling wires just across the Hudson River from New York City.

The New Jersey Transit train ran off the end of the track as it was pulling in around 8:45 a.m., smashing through a concrete-and-steel bumper. As it ground to a halt in the waiting area, it knocked out pillars, collapsing a section of the roof.



Appeals court rules against Kansas in voting rights case
Headline Topics | 2016/10/01 12:36
Thousands of prospective voters in Kansas who did not provide citizenship documents will be able to vote in the November election under a federal appeals court ruling late Friday that upheld a judge's order.
 
The decision from the U.S. 10th Circuit Court of Appeals affirms lower court's May order forcing Kansas to register more than 20,000 voters, a number that is expected to swell to 50,000 by the time of the November elections. It noted that the preliminary injunction serves the public interest.

The 10th Circuit ruled "no constitutional doubt arises" that federal law prohibits Kansas from requiring citizenship documents from people who register to vote at motor vehicle office. It added that its reasoning would be more fully explained in a forthcoming order.

The court had previously refused to issue an emergency stay of U.S. District Judge Julie Robinson's order, and this latest comes after a three-judge panel heard oral arguments last month in the case.

Its decision is the latest setback for Kansas Secretary of State Kris Kobach. It comes just a day after the Kansas Republican avoided contempt proceedings by striking a deal with the American Civil Liberties Union to fully register and clearly inform affected voters that they could vote in the November election.

Kobach did not immediately return a cell phone message seeking comment, but his spokeswoman said his office would issue a statement later.



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