High court weighs 3 death sentences in Kansas cases

Court Watch 2015/10/03 14:21   Bookmark and Share
The Supreme Court on Wednesday seemed likely to rule against three Kansas men who challenged their death sentences in what one justice called "some of the most horrendous murders" he's ever seen from the bench.

The justices were critical of the Kansas Supreme Court, which overturned the sentences of the men, including two brothers convicted in a murderous crime spree known as the "Wichita massacre."

It was the first high court hearing on death penalty cases since a bitter clash over lethal injection procedures exposed deep divisions among the justices last term.

The debate this time was over the sentencing process for Jonathan and Reginald Carr and for Sidney Gleason, who was convicted in a separate case of killing a couple to stop them from implicating him in a robbery.

The Kansas Supreme Court overturned death sentences in both cases, saying the juries should have been told that evidence of the men's troubled childhoods and other factors weighing against a death sentence did not have to be proven beyond a reasonable doubt.

The state court also ruled that the Carr brothers should have had separate sentencing hearings instead of a joint one. It said Reginald Carr's sentence may have been unfairly tainted because Jonathan Carr blamed Reginald for being a bad influence during their childhoods.

While the attorneys on both sides focused on the legal technicalities, several of the justices couldn't help but dwell on the sordid facts of the Carr case during two hours of oral argument.

Justice Samuel Alito said it involves "some of the most horrendous murders that I have ever seen in my 10 years here. And we see practically every death penalty case that comes up anywhere in the country."

At one point, Justice Antonin Scalia recounted at length the brutal details. Authorities said the brothers broke into a Wichita, Kansas, home in December 2000, where they forced the three men and two women inside to have sex with each other while they watched, then repeatedly raped the women. The brothers then forced the victims to withdraw money from ATMs before taking them to a soccer field, forcing them to kneel, and shooting each one in the head.


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Arkansas court tosses conviction in woman's meth case

Court News 2015/10/02 14:21   Bookmark and Share
The Arkansas Supreme Court on Thursday overturned the conviction of a woman who was sentenced to 20 years in prison after giving birth to a baby with methamphetamine in his system.
 
Melissa McCann-Arms, 39, was convicted by a jury in Polk County after she and her son tested positive for meth when she gave birth at a Mena hospital in November 2012. She was convicted of a felony crime called introduction of controlled substance into body of another person.

In January, the Arkansas Court of Appeals upheld the conviction, ruling that even if the statute doesn't apply to unborn children, McCann-Arms still transferred the drug to her child in the moments between his birth and when hospital staff cut the umbilical cord.

But Arkansas' highest court reversed the conviction and dismissed the case, ruling there is no evidence McCann-Arms directly introduced methamphetamine into her baby's system by causing the child to ingest or inhale it. Likewise, there is no evidence of an ongoing transfer of methamphetamine in McCann-Arms' system after the child was born, the court ruled.

"The jury would thus have been forced to speculate that Arms was 'otherwise introducing' the drug into the child at that point," the ruling states. "When a jury reaches its conclusion by resorting to speculation or conjecture, the verdict is not supported by substantial evidence."

The court also ruled state law does not criminalize the passive bodily processes that result in a mother's use of a drug entering her unborn child's system.

"Our construction of criminal statutes is strict, and we resolve any doubts in favor of the defendant," the decision states. "The courts cannot, through construction of a statute, create a criminal offense that is not in express terms created by the Legislature."

Farah Diaz-Tello, a staff attorney with the New York-based National Advocates for Pregnant Women, had urged the court to reverse McCann-Arms' conviction and said the decision sends a message to state prosecutors about expanding the law beyond what was intended by state lawmakers.
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Connecticut court stands by decision eliminating execution

Court Watch 2015/10/01 14:20   Bookmark and Share
The Connecticut Supreme Court on Thursday stood by its decision to eliminate the state's death penalty, but the fate of capital punishment in the Constitution State technically remains unsettled.
 
The state's highest court rejected a request by prosecutors to reconsider its landmark August ruling, but prosecutors have filed a motion in another case to make the arguments they would have made if the court had granted the reconsideration motion.

Lawyers who have argued before the court say it would be highly unusual and surprising for the court to reverse itself on such an important issue in a short period of time, but they say it is possible because the makeup of the court is different. Justice Flemming Norcott Jr., who was in the 4-3 majority to abolish the death penalty, reached the mandatory retirement age of 70 and was succeeded by Justice Richard Robinson.

In the August decision, the court ruled that a 2012 state law abolishing capital punishment for future crimes must be applied to the 11 men who still faced execution for killings committed before the law took effect. The decision came in the case of Eduardo Santiago, who was facing the possibility of lethal injection for a 2000 murder-for-hire killing in West Hartford.

The 2012 ban had been passed prospectively because many lawmakers refused to vote for a bill that would spare the death penalty for Joshua Komisarjevsky and Steven Hayes, who were convicted of killing a mother and her two daughters in a highly publicized 2007 home invasion in Cheshire.

The state's high court said the death penalty violated the state constitution, "no longer comports with contemporary standards of decency," and didn't serve any "legitimate penological purpose." The majority included Norcott and Justices Richard Palmer, Dennis Eveleigh and Andrew McDonald, the same four justices that rejected the prosecution's reconsideration request Thursday.

Chief Justice Chase Rogers and Justices Peter Zarella and Carmen Espinosa bashed the majority in the Santiago case, accusing the other four justices of tailoring their ruling based on personal beliefs. The three dissenting justices also were in favor of the prosecution's motion to reconsider.

Chief State's Attorney Kevin Kane had said the majority justices unfairly considered concerns that had not been raised during Santiago's appeal and denied prosecutors the chance to address those concerns. He said prosecutors have filed briefs in the still-pending death penalty appeal of Russell Peeler Jr., raising the same issues they did in the motion for reconsideration in the Santiago case.

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