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Missouri death row inmate asks US Supreme Court to intervene
Blog Updates |
2019/01/01 00:19
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A Missouri death row inmate who lost substantial brain tissue during a surgery plans to ask the U.S. Supreme Court to review his case, saying his planned execution by lethal injection could subject him to severe pain.
The Columbia Daily Tribune reported Thursday that Ernest Lee Johnson plans to argue that the loss of brain tissue could mean he has seizures and severe pain in reaction to Missouri’s execution drug.
Johnson was sentenced to death for killing three convenience store workers during a Columbia robbery in 1994.
Johnson’s appeal is moving through lower courts. But Johnson’s attorneys plan to ask the U.S. Supreme Court to intervene because the high court is currently considering a similar case of another Missouri death row inmate with a rare medical condition that causes blood-filled tumors.
Both argue complications with their conditions and the execution drug could lead to cruel and unusual punishment. |
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Mississippi chief justice: Time for another to lead court
Blog Updates |
2018/12/22 01:19
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After 21 years on the Mississippi Supreme Court and 10 years as chief justice, Bill Waller Jr. says it's time for someone else to take the helm.
Waller's court has at times questioned problems with forensic evidence, but passed when asked to rule on the legality of Mississippi's cap on punitive damages. He said his biggest regret is not getting a statewide system of county courts.
Gov. Phil Bryant has announced that he will replace Waller with Court of Appeals Chief Judge Kenny Griffis, while Presiding Justice Michael Randolph will become the next leader of the nine-member Supreme Court, based on seniority. The outgoing chief justice, son of the late Gov. Bill Waller Sr., a Democrat who served from 1972 to 1976, said he still might run for governor himself.
Waller came on to the court in a different time, before the new judicial building was started, when most record-keeping was on paper and when a hot political battle was waging over limiting damages on civil lawsuits. Another change has been improvements in how inmates are represented in appeals, with the creation of the Office of Capital Post-Conviction Counsel and then the Office of Indigent Appeals.
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Human rights court rules against Greece in Sharia law case
Blog Updates |
2018/12/14 10:51
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Greece violated a prohibition on discrimination by applying Islamic religious law to an inheritance dispute among members of the country's Muslim minority, the European Court of Human Rights ruled Wednesday.
The court, based in the eastern French city of Strasbourg, ruled Greece violated the European Convention on Human Rights by applying Sharia law in the case, under which a Muslim Greek man's will bequeathing all he owned to his wife was deemed invalid after it was challenged by his sisters.
The man's widow, Chatitze Molla Sali, appealed to the European court in 2014, having lost three quarters of her inheritance. She argued she had been discriminated against on religious grounds as, had her husband not been Muslim, she would have inherited his entire estate under Greek law.
The European court agreed. It has not yet issued a decision on what, if any, penalty it will apply to Greece.
"Greece was the only country in Europe which, up until the material time, had applied Sharia law to a section of its citizens against their wishes," the court said in its ruling.
"That was particularly problematic in the present case because the application of Sharia law had led to a situation that was detrimental to the individual rights of a widow who had inherited her husband's estate in accordance with the rules of civil law but who had then found herself in a legal situation which neither she nor her husband had intended."
Molla Sali's husband had drawn up his will according to Greek law, and both a first instance and an appeals court initially ruled in her favor in the dispute with her sisters-in-law. But further court decisions ruled that inheritance issues within the Muslim minority had to be dealt with under Islamic religious law, and the will was deemed invalid.
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Defamation lawsuit against activist continues in state court
Blog Updates |
2018/12/10 11:07
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A Maine activist who accused an orphanage founder in Haiti of being a serial pedophile asked the state supreme court on Tuesday to dismiss a defamation lawsuit that was moved from federal court.
An attorney for Paul Kendrick told justices that the assertions were protected by a Maine law that protects people from meritless suits aimed at chilling First Amendment rights.
The argument that invoked Maine's Anti-SLAPP statute was met with skepticism from justices who questioned whether the law was intended to apply to harassment and cyberbullying.
But Supreme Court Chief Justice Leigh Saufley suggested there's a balancing act when between free speech and defamation.
"Are we not sliding into an areas where we have to be very careful not to chill the voices of people who say we must speak up in support of children who have been abused?" she asked an attorney at one point. "We know that if people are afraid to speak up that abuse can go on for decades."
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Lump of coal? Taxes more likely for online gifts this season
Blog Updates |
2018/11/27 09:37
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Shoppers heading online to purchase holiday gifts will find they're being charged sales tax at some websites where they weren't before. The reason: the Supreme Court.
A June ruling gave states the go-ahead to require more companies to collect sales tax on online purchases. Now, more than two dozen have moved to take advantage of the ruling, many ahead of the busy holiday shopping season.
"Will your shopping bill look any different? ... The answer right now is it depends," said Jason Brewer, a spokesman for the Retail Industry Leaders Association, which represents more than 70 major retailers.
Whether shoppers get charged sales tax on their online purchases comes down to where they live and where they're shopping.
Before the Supreme Court's recent decision , the rule was that businesses selling online had to collect sales tax only in states where they had stores, warehouses or another physical presence. That meant that major retailers such as Apple, Best Buy, Macy's and Target, which have brick-and-mortar stores nationwide, were generally collecting sales tax from online customers. But that wasn't the case for businesses with a big online presence but few physical locations.
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Poland moves to reinstate retired judges to Supreme Court
Blog Updates |
2018/11/21 11:03
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Poland's ruling party has submitted a draft law to parliament that would reinstate Supreme Court judges who were recently forced into early retirement.
The development comes a month after the European Union's top court ordered Poland to immediately stop applying a law that lowered the retirement age for Supreme Court judges, forcing about two dozen of them off the bench.
Poland has been in a standoff with the European Union for three years over attempts by the ruling populist Law and Justice party to impose control over the court system. The efforts have raised serious concerns over rule of law in the young democracy.
Wednesday's legislative initiative marks one of the first significant steps by Poland to comply with EU demands.
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European court: Russia's arrests of Navalny were political
Blog Updates |
2018/11/19 13:02
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The European Court of Human Rights ruled Thursday that Russian authorities' arrests of opposition leader Alexei Navalny were politically motivated, a decision that deals a blow to the Kremlin's dismissal of Navalny as a mere troublemaker.
Navalny hailed the ruling as an example of "genuine justice" and said it is an important signal for many people in Russia who face arbitrary detentions for their political activities.
The court's highest chamber found that Russian authorities violated multiple human rights in detaining Navalny seven times from 2012 to 2014, and that two of the arrests were expressly aimed at "suppressing political pluralism."
It ordered Russia to pay Navalny 63,000 euros ($71,000) in damages, and called on Russia to fix legislation to "take due regard of the fundamental importance of the right to peaceful assembly."
The ruling is final and binding on Russia as a member of the Council of Europe, the continent's human rights watchdog.
"I'm very pleased with this ruling — this is genuine justice," Navalny told reporters after the hearing. "This ruling is very important not only for me but also for many people in Russia who face similar arrests on a daily basis."
Russia is obliged to carry out the court's rulings, which enforce the European Convention on Human Rights , but it has delayed implementing past rulings from the court and argued against them as encroaching on Russian judicial sovereignty.
Navalny told reporters that he expects the Russian government to ignore this ruling and dismiss it on political grounds.
Navalny, arguably Russian President Vladimir Putin's most serious foe, has been convicted of fraud in two separate trials that have been widely viewed as political retribution for his investigations of official corruption and his leading role in staging anti-government protests. |
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