Kansas court's approval of death sentence not seen as shift

Court News 2015/11/17 10:14   Bookmark and Share
Even though the state Supreme Court recently upheld a death sentence for the first time under the state’s 1994 capital punishment law, Kansas isn’t likely to see executions anytime soon or a shift in how the justices handle capital murder cases.

“Symbolically, there is something different,” said Robert Dunham, head of the anti-capital punishment, nonprofit Death Penalty Information Center. “But I wouldn’t read too much into it.”

Several prosecutors are encouraged by this month’s decision in the case of John E. Robinson Sr. ? who was sentenced to die for killing two women in 1999 and 2000 and tied by evidence or his own admission to six other deaths, including a teenage girl, in Kansas and Missouri ? saying it showed it is possible to preserve a death sentence on appeal in Kansas.

Two Kansas law professors said the 415-page decision in John E. Robinson’s case issued earlier this month suggests the Supreme Court’s examination of future capital cases will remain as thorough as it has been.

The high court’s past decisions overturning death sentences inspired a campaign that almost succeeded in ousting two justices in last year’s elections and handed republican Gov. Sam Brownback a potent issue in the final weeks of his race for re-election. And there are more capital cases before the justices.

Only four days after the Robinson decision, Frazier Glenn Miller Jr., an avowed anti-Semite, was sentenced to death for the fatal shootings of three people at Jewish sites in the Kansas City suburbs.



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Mississippi Supreme Court narrowly grants same-sex divorce

Lawyer Blog Post 2015/11/06 14:53   Bookmark and Share
The Mississippi Supreme Court voted to allow a lesbian couple to seek a divorce, even as two justices questioned the U.S. Supreme Court ruling legalizing same-sex marriage and suggested that landmark ruling has no constitutional basis.
 
The decision Thursday came after DeSoto County Chancery Judge Mitchell Lundy Jr. ruled in 2013 that the Mississippi Constitution and state law prevented him from granting a divorce to Lauren Czekala-Chatham and Dana Ann Melancon because the state didn't recognize same-sex marriage.

Czekala-Chatham appealed, and it was initially opposed by Mississippi Attorney General Jim Hood, a Democrat. However, Hood asked the court to allow the divorce after the June 26 ruling from the U.S. Supreme Court.

On Friday, same-sex couples will be in federal court seeking to overturn Mississippi's last-in-the-nation ban on adoption by gay couples.

In the Mississippi court's divorce ruling, five of nine justices said in a two-page order that because Hood had reversed his position, "we find no contested issues remain" and sent the case back to DeSoto County for further action.

Justices Leslie King and James Kitchens agreed with the outcome, but dissented, calling for the court to issue a full opinion. King and Kitchens called for Mississippi to overturn its ban on same-sex marriage and grant the divorce in February.

Czekala-Chatham and Melancon were married in San Francisco in 2008 and bought a house in Mississippi before separating in 2010. Czekala-Chatham said she hopes to soon be divorced from her wife, who now lives in Arkansas.


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Kansas Supreme Court to take up school funding case

Court News 2015/11/05 14:53   Bookmark and Share
A case that has the potential to increase funding for Kansas schools goes before the state Supreme Court today, the same day that economists, legislative researchers and officials in Gov. Sam Brownback’s administration are expected to announce new, more pessimistic revenue projections.

Four districts that are suing the state have asked justices to lift a stay on a lower court ruling and release state funds to public school districts. A three-judge Shawnee County District Court panel found in June that the state’s newly enacted strategy for financing 286 school districts and cuts to state aid for low-income school districts were unconstitutional.

The Supreme Court approved Kansas Attorney General Derek Schmidt’s request for a stay on the order while he pursued an appeal. The state argues in court filings that “doomsday predictions” about students and the state suffering because of how schools are being funded “have proven to be pure hyperbole.”

Education, from K-12 through the collegiate level, is the state’s largest expenditure, accounting for 62 percent of its budget. Any increase in education spending has the potential to create budget havoc when the Legislature reconvenes in January.

Since the current fiscal year began in July, tax collections have fallen about 4.1 percent short of expectations, at $1.8 billion. The state has struggled to balance its budget since Republican legislators slashed personal income taxes in 2012 and 2013 at Brownback’s urging, in an effort to stimulate the economy.

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Romania's outgoing PM appears at court for corruption trial

Topics in Legal News 2015/11/04 14:53   Bookmark and Share
Romania's outgoing prime minister has appeared at the high court where he's on trial for tax evasion, money-laundering, conflict of interest and making false statements.

Victor Ponta arrived at the High Court for Cassation and Justice Friday, declining comment saying he was now "a private citizen."

Ponta and his Cabinet resigned Wednesday after mass protests following a nightclub fire that killed more than 30. Protesters have staged mass rallies demanding better governance.

The charges Ponta faces refer to a period when he was working as a lawyer. He denies wrongdoing.

Prosecutors say Ponta, who is still a lawmaker, forged expense claims worth at least 181,000 lei ($45,000) from the law firm of political ally. Prosecutors say he pretended he worked as a lawyer to justify getting money from the firm.

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Supreme Court considers if Pistorius guilty of murder

Legal Business 2015/11/03 09:35   Bookmark and Share
South Africa's Supreme Court of Appeal grilled Oscar Pistorius' attorney and a prosecutor on Tuesday as it weighed whether to convict him of murder for killing his girlfriend, uphold a lower court's manslaughter conviction or order a retrial.
 
Prosecutors say the North Gauteng High Court erred in convicting Pistorius of the lesser charge, and that the double-amputee Olympian should have known that someone could be killed when he fired four times into a locked toilet cubicle in his home. In the trial last year, prosecutors said Pistorius killed Reeva Steenkamp as she sought shelter in the toilet cubicle during an argument on Valentine's Day 2013. The defense said Pistorius opened fire because he thought an intruder was about to burst out of the toilet.

One of the five appeals court judges noted during the session on Tuesday, broadcast across the country and around the world on live TV, that Pistorius could still be convicted of murder even if he didn't think it was Steenkamp in the cubicle but knew someone was in there. Under the concept of dolus eventualis in South African law, a person can be convicted of murder if they foresaw the possibility of someone dying through their actions and went ahead anyway.

"If you look at the photographs, there's room behind there for a toilet bowl and a person and just about nothing else," Justice Lorimer Leach said to defense lawyer Barry Roux. "There's nowhere to hide. It would be a miracle if you didn't shoot someone."

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Supreme Court troubled by DA's rejection of black jurors

Headline Legal News 2015/11/03 09:35   Bookmark and Share
The Supreme Court signaled support Monday for a black death row inmate in Georgia who claims prosecutors improperly kept African-Americans off the jury that convicted him of killing a white woman.
 
Justice Stephen Breyer likened the chief prosecutor to his excuse-filled grandson. Justice Elena Kagan said the case seemed as clear a violation "as a court is ever going to see" of rules the Supreme Court laid out in 1986 to prevent racial discrimination in the selection of juries.

At least six of the nine justices indicated during arguments that black people were improperly singled out and kept off the jury that eventually sentenced defendant Timothy Tyrone Foster to death in 1987.

Foster could win a new trial if the Supreme Court rules his way. The discussion Monday also suggested that a technical issue might prevent the justices from deciding the substance of Foster's case.

Georgia Deputy Attorney General Beth Burton had little support on the court for the proposition that prosecutor Stephen Lanier advanced plausible "race-neutral" reasons that resulted in an all-white jury for Foster's trial. Foster was convicted of killing 79-year-old Queen Madge White in her home in Rome, Georgia.

Several justices noted that Lanier's reasons for excusing people from the jury changed over time, including the arrest of the cousin of one black juror. The record in the case indicates that Lanier learned of the arrest only after the jury had been seated. "That seems an out and out false statement," Justice Ruth Bader Ginsburg said.

Breyer drew an analogy with a grandson who was looking for any reason not to do his homework, none of them especially convincing.

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