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Supreme Court justice suspends Missouri execution
Headline Court News | 2014/05/23 12:58
U.S. Supreme Court Justice Samuel Alito issued an order late Tuesday suspending the planned execution of a Missouri inmate with a little more than an hour to spare before the inmate's scheduled lethal injection.

Alito, who handles emergency matters for Missouri and other states covered by the 8th U.S. Circuit Court of Appeals, didn't explain why he issued the order suspending Russell Bucklew's execution, which had been scheduled for 12:01 a.m. Wednesday. But Missouri Attorney General Chris Koster issued a statement saying his office understands the full Supreme Court would consider Bucklew's requests on Wednesday.

Under Missouri law, the state has 24 hours to carry out a death warrant, meaning it could still execute Bucklew anytime on Wednesday if the high court rejects his appeals.

Alito's order came shortly after the full 8th Circuit court lifted a stay granted to Bucklew hours earlier by a three-judge panel of that court.

Bucklew, who was sentenced to death for killing a southeast Missouri man in 1996, suffers from a rare medical condition that his attorneys claim could cause him great pain during the execution process.


Wisconsin kidnapping suspect appears in court
Headline Court News | 2014/05/20 11:29
The woman charged with kidnapping her 5-day-old nephew from Wisconsin and leaving him overnight in freezing temperatures outside an Iowa gas station said in federal court that she asked for a lawyer but wasn't granted one during FBI questioning.

Kristen Smith, 32, made her first statements Thursday since pleading not guilty to taking Kayden Powell from a Town of Beloit home where she was staying when she left in the middle of the night for her home in Aurora, Colorado, in February.

Hours later, Iowa police arrested Smith for an outstanding Texas warrant and took her to the county jail for processing. While there, FBI agents questioned her about the missing newborn and conducted a polygraph test. Attorneys disagreed Thursday about whether interviews with police and the FBI should be used in an eventual trial.

Defense attorney Matt Noel said none of Smith's interviews the first day with FBI agent James McMillan should be allowed in the courtroom because the FBI didn't read Smith her rights. Noel also said Smith was coerced into providing incriminating evidence without an attorney, and that Smith was forced into taking the polygraph test, which agents say showed Smith was being deceitful.

Assistant U.S. Attorney Julie Pfluger said officers read Smith her rights before her arrest and later during questioning and the polygraph test. She also showed video clips of McMillan interviewing Smith.

The clips showed that Smith was upbeat and cooperative early on, and that she permitted agents to search her car and phone. McMillan told Smith her behavior was suspicious after she gave a wrong password to unlock the phone.


GM to ask bankruptcy court for lawsuit protection
Headline Court News | 2014/04/17 13:53
General Motors revealed in court filings late Tuesday that it will soon ask a federal bankruptcy judge to shield the company from legal claims for conduct that occurred before its 2009 bankruptcy.

The automaker's strategy is in a motion filed in a Corpus Christi, Texas, federal court case, and in other cases across the nation that involve the defective ignition switches that have led GM to recall 2.6 million small cars.

The motion asks U.S. District Judge Nelva Gonzales Ramos to delay action on the lawsuit until the bankruptcy court rules and other federal courts decide if the case should be combined with other lawsuits. But GM says it's not asking to halt action on a motion to force GM to tell customers not to drive their cars that are being recalled.

GM has said at least 13 deaths have been linked to the switch problem. The switch can unexpectedly slip out of the "run" position, shutting down the engine, knocking out power-assisted steering and power brakes, and disabling the air bags. GM admits knowing about the problem for at least a decade, but it didn't start recalling the cars, including Chevrolet Cobalts and Saturn Ions, until February.

The company's motion says GM will ask the bankruptcy court in New York to enforce an order made during the 2009 bankruptcy case that split GM into a new company and an old company. Claims from before the bankruptcy would go to "Old GM," called Motors Liquidation Co., while claims after the bankruptcy would go to the new General Motors Co.


Appeals court finds EPA carbon decision reasonable
Headline Court News | 2014/04/15 13:30
A federal appeals court says the Environmental Protection Agency acted reasonably in deciding not to change the primary air quality standard for carbon monoxide.

Three environmental and wildlife organizations want the public health standard toughened.

But the appeals court says in a 3-0 ruling that the private groups cannot challenge the lack of a secondary air quality standard for carbon monoxide. The EPA decided not to have one, based on a finding that the connection between carbon monoxide and climate change was tenuous.

The court ruled Friday that the groups failed to show that the absence of a secondary standard would worsen global warming.

Carbon monoxide is an odorless, colorless gas in motor vehicle exhaust.


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