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Mississippi told to pay $500K to wrongfully imprisoned man
Industry News |
2021/03/03 14:33
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A judge is ordering the state of Mississippi to pay $500,000 to a Black man who was wrongfully imprisoned more than 22 years and was tried six times in a quadruple murder case.
Curtis Flowers was released from prison in December 2019, months after the U.S. Supreme Court ruled that a district attorney had excluded Black jurors from his trials. Flowers had spent years on death row.
Mississippi Attorney General Lynn Fitch said in September that she would not try Flowers a seventh time in the 1996 slayings and a robbery that took place at a furniture store in Winona. He had been in custody since 1997.
In November, Flowers sued the state seeking compensation for wrongful imprisonment. Court papers show the attorney general’s office agreed to his request.
Montgomery County Circuit Judge George Mitchell on Tuesday ordered the state to pay Flowers $500,000. That is the maximum allowed under a 2009 state law, which says the state can pay $50,000 for each year of wrongful imprisonment, for a up to 10 years.
Mitchell also ordered the state to make a separate payment of $50,000 to Flowers’s attorneys.
Flowers was convicted four times: twice for individual slayings and twice for all four killings. Two other trials involving all four deaths ended in mistrials. Each of Flowers’s convictions was overturned.
In June 2019, the U.S. Supreme Court tossed out the conviction and death sentence from Flowers’s sixth trial, which took place in 2010. Justices said prosecutors’ pattern of excluding Black jurors from his trials was unconstitutional.
The Supreme Court ruling came after American Public Media’s “In the Dark” investigated the case. The podcast recorded jailhouse informant Odell Hallmon in 2017 and 2018 recanting his testimony that Flowers had confessed to him.
The first six trials were prosecuted by the local district attorney. Flowers was still facing the 1997 indictments in December 2019 when a judge agreed to release him on bond. The district attorney handed the case to the attorney general, and her staff spent months reviewing it before deciding not to go forward because of a lack of credible witnesses.
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Man who broke ankle at farm obstacle course wins appeal
Industry News |
2021/02/11 10:51
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A man who broke an ankle on an obstacle course at a pumpkin patch will get his foot inside a courthouse again.
A judge wrongly dismissed Tarek Hamade’s lawsuit against DeBuck’s Corn Maze and Pumpkin Patch, the Michigan Court of Appeals said Thursday.
Hamade fractured an ankle while running across tires that were part of an obstacle course known as “Tough Farmer.” He said he was injured while stepping on a tire that was very soft at the fall attraction near Belleville.
DeBuck’s argued that the spongy tire was an open and obvious risk, a key legal standard under Michigan liability law.
“It’s an obstacle course. It’s meant to be difficult to traverse,” attorney Drew Broaddus said at a Feb. 3 hearing.
But the appeals court said the tire’s condition was not obvious.
“If they’d called it the ‘spongy tire challenge’ we might have a different case. But that’s not what it was presented as,” Judge Michael Gadola said.
Hamade’s lawsuit now returns to Wayne County Circuit Court.
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Harris to be sworn in by Justice Sotomayor at inauguration
Industry News |
2021/01/14 20:13
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Vice President-elect Kamala Harris will be sworn in by Supreme Court Justice Sonia Sotomayor on Wednesday, a history-making event in which the first Black, South Asian and female vice president will take her oath of office from the first Latina justice.
Harris chose Sotomayor for the task, according to a person familiar with the decision. She’ll also use two Bibles for the swearing-in, one of which belonged to Thurgood Marshall, the first Black Supreme Court justice.
ABC News first reported the latest details of Harris’ inauguration plans. Harris has expressed admiration for both Sotomayor and Marshall. She and Sotomayor share experience as prosecutors, and she once called Marshall — like Harris, a graduate of Howard University — one of her “greatest heroes.”
The vice president-elect said in a video posted to Twitter that she viewed Marshall as “one of the main reasons I wanted to be a lawyer,” calling him “a fighter” in the courtroom.
And this will be the second time Sotomayor takes part in an inauguration. She swore in President-elect Joe Biden as vice president in 2013.
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Court: Tennessee can enforce Down syndrome abortion ban
Industry News |
2020/11/20 00:45
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A federal appeals court ruled Friday that Tennessee can begin outlawing abortions because of a prenatal diagnosis of Down syndrome, as well as prohibit the procedure if it’s based on the race or gender of the fetus.
Tennessee Republican Gov. Bill Lee enacted the so-called “reason bans” earlier this year as part of a sweeping anti-abortion measure. The law gained national attention because it banned abortion as early as six weeks ? making it one of the strictest in the country ? but it included several other anti-abortion components.
The law was immediately blocked by a lower federal court just hours after Lee signed it into law.
However, the 6th Circuit Court of Appeals’ decision will allow the state to enforce the reason bans while abortion rights groups continue their court battle against that law.
The plaintiffs, which include Tennessee abortion providers being represented by reproductive rights groups, had argued the ban was improperly vague, but the court disagreed.
Currently, more than a dozen states have similar reason bans in place.
“These bans are just another way anti-abortion politicians are attempting to limit the constitutional right to abortion care and to create stigma,” said Nancy Northup, president and CEO of the Center for Reproductive Rights, in a statement. “Decisions about whether and when to continue or to end a pregnancy are best made by the individual and their family.”
The Attorney General’s office said in a statement that they “appreciate the Sixth Circuit lifting the lower court’s injunction” and looked forward to continuing defending the statute.
“Our law prohibits abortion based on the race, gender, or diagnosis of Down syndrome of the child and the court’s decision will save lives,” Lee said in a statement. “Protecting our most vulnerable Tennesseans is worth the fight.”
Immediately following the appeals court ruling, the plaintiffs’ attorneys filed a request in lower federal court for a temporary restraining order to block the reason bans once again, but this time argued the law illegally prohibits a patient from “obtaining constitutionally protected pre-viability abortion care.”
“(The) Sixth Circuit only addressed plaintiffs’ vagueness claims and explicitly declined to issue any ruling with respect to plaintiffs’ claims that the Reason Bans violate patients’ constitutional right to pre-viability abortion,” the attorneys wrote.
The court had not issued a ruling on that as of Friday evening.
Down syndrome is a genetic abnormality that causes developmental delays and medical conditions such as heart defects and respiratory and hearing problems.
According to the National Down Syndrome Society, about one in every 700 babies in the United States ? or about 6,000 a year ? is born with the condition, which results from a chromosomal irregularity.
The rarity of the condition has prompted abortion rights groups to paint the Down syndrome bans as part of yet another thinly veiled effort by lawmakers to continue chipping away at a patient’s right to an abortion.
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