NC high court reviews death penalty of man who beheaded wife

Legal Insight 2017/09/29 19:06   Bookmark and Share
North Carolina's highest court is reviewing whether justice means the death penalty for a survivor of El Salvador's blood-soaked civil war of the 1980s who strangled and then decapitated his estranged wife.

The state's Supreme Court hears oral arguments Monday on whether the state can execute 41-year-old Juan Carlos Rodriguez of Winston-Salem for the 2010 murder of his wife, Maria. The high court automatically reviews death cases.

North Carolina is rare among southern states in that it hasn't had an execution in more than a decade because of various legal challenges. While the state has continued to suffer 500 to 600 murders a year, prosecutors have sought the death penalty only a handful of times each year and juries have condemned killers in only a fraction of those cases.

Rodriguez's children told investigators their father beat and bloodied Maria Rodriguez after she told them she was leaving in November 2010. He tossed the woman's still-breathing body over his shoulder, placed her in his vehicle, and said he was taking her to a hospital. Maria's body and severed head were found at different locations three weeks later, after Juan was already jailed for her kidnapping.

Justices are holding hearings in the case for the second time in almost exactly a year. Monday's hearing comes after the U.S. Supreme Court ruled this spring that states needed to use current medical standards in deciding whether a killer is so mentally disabled he can't be executed. The U.S. constitution bans "cruel and unusual punishments," and that has been interpreted to prohibit executing people with severe mental shortcomings.

Rodriguez's IQ was estimated several times at below 70, a threshold for significantly impaired intellectual functioning. But accused killers in North Carolina also must show significant inability to adapt to daily life and that their mental handicaps were evident before adulthood.

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Ex-SKorea leader Park complains about extension of detention

Topics in Legal News 2017/09/29 19:04   Bookmark and Share
Jailed former South Korean President Park Geun-hye called herself a victim of "political revenge" in her first public remarks since her high-profile corruption trial began in May, news reports said, as her lawyers resigned Monday in an apparent protest over the court's decision to extend her detention.

The moves appeared to be aimed at applying pressure on the court and rallying her small number of conservative supporters in a development that could intensify a political divide and delay the trial.

The Seoul Central District Court said Park's seven lawyers resigned collectively Monday, three days after it approved an additional six-month arrest warrant for her. Court officials said they will appoint lawyers for Park if her lawyers do not reverse their decision or Park doesn't name a new defense.

A verdict had been expected possibly before the end of the year. If Park has new lawyers, the trial is likely to be delayed because they will need to become familiarized with a massive amount of court and investigation documents, reportedly estimated at more than 100,000 pages.

Park, who was removed from office and arrested in late March, faces a range of corruption and other charges that could lead to a lengthy prison term. Among the key charges are that she colluded with a longtime friend to take tens of millions of dollars from companies in bribes and extortion.

During a court session Monday, Park reiterated her innocence, saying she hopes she will be the last person to suffer "political revenge" orchestrated in the name of justice. She also described her past months of detention as a "wretched and miserable time," and said she had never abused her power or accepted illicit requests for favors while in office, Yonhap news agency reported.

Other South Korean media carried similar reports about Park's comments. The Seoul court said it couldn't confirm them, while calls to her former main lawyer were not answered.

Park denied most of the allegations many times before her March arrest, but Monday's comments were her first in court since her trial started.
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California hits Gatorade in court for "anti-water" videogame

Legal Business 2017/09/22 03:06   Bookmark and Share
Gatorade has agreed not to make disparaging comments about water as part of a $300,000 settlement reached Thursday with California over allegations it misleadingly portrayed water's benefits in a cellphone game where users refuel Olympic runner Usain Bolt.

The game, downloaded 30,000 times in California and 2.3 million times worldwide, is no longer available.

The dispute between the sports-drink company and California Attorney General Xavier Becerra was settled in less than a day after Becerra filed a complaint in Los Angeles County.

Becerra's complaint alleges the game, called Bolt!, misleadingly portrayed the health benefits of water in a way that could harm children's nutritional choices. The game encouraged users to "keep your performance level high and avoid water," with Bolt's fuel level going down after drinking water but up after drinking Gatorade, the complaint alleged.

The settlement should serve as a warning to companies that falsely advertise, Becerra said.

"Making misleading statements is a violation of California law. But making misleading statements aimed at our children is beyond unlawful, it's morally wrong and a betrayal of trust," he said in a statement.

Gatorade agreed to the settlement but has not admitted wrongdoing.

"The mobile game, Bolt!, was designed to highlight the unique role and benefits of sports drinks in supporting athletic performance. We recognize the role water plays in overall health and wellness, and offer our consumers great options," spokeswoman Katie Vidaillet said in an email.

In addition to agreeing not to disparage water, Gatorade agreed not to make Bolt! or any other games that give the impression that water will hinder athletic performance or that athletes only consume Gatorade and do not drink water. Gatorade also agreed to use "reasonable efforts" to abide by parent company PepsiCo's policy on responsible advertising to children and to disclose its contracts with endorsers.

Of the settlement money, $120,000 will go toward the study or promotion of childhood and teenager nutrition and the consumption of water.

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Toys R Us files for Chapter 11 reorganization

Lawyer Blog Post 2017/09/21 03:12   Bookmark and Share
Toys R Us, the pioneering big box toy retailer, has announced it has filed for Chapter 11 bankruptcy protection while continuing with normal business operations.

A statement by the Wayne, New Jersey-based company late Monday says it voluntarily is seeking relief in U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond - and that its Canadian subsidiary is seeking similar protection through a Canadian court.

Toys R Us says court-supervised proceedings will help restructure its outstanding debt and reorganize for long-term growth.

The company says separate operations outside the U.S. and Canada, including more than 250 licensed stores and a joint venture partnership in Asia, are not part of the filings.

It emphasizes that its approximately 1,600 locations will remain open, that it will continue to work with suppliers and sell merchandise.

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Kenya Supreme Court says why it annulled presidential poll

Legal Insight 2017/09/21 03:11   Bookmark and Share
Kenya's Supreme Court is delivering its full judgment on why it annulled President Uhuru Kenyatta's re-election in August.

The court annulled Kenyatta's victory in the August 8 election saying there were irregularities and illegalities, in response to opposition leader Raila Odinga's petition challenging the official results that Kenyatta won with 54 percent of the vote. The electoral commission has set Oct. 17 as the date for a fresh election. Kenya's Chief Justice David Maraga said Tuesday that since the September 1 judgment nullifying the election results, there have been attempts to intimidate judges.

Kenyatta has called the Supreme Court judges "crooks" and warned of unspecified action against the judiciary if he is re-elected next month. Kenyatta's supporters demonstrated outside the Supreme Court Tuesday ahead of the full judgment on Wednesday.
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Court asked to dismiss cases tied to ex-drug lab chemist

Topics in Legal News 2017/09/20 03:11   Bookmark and Share
A petition is asking the highest court in Massachusetts to dismiss every case connected to a former state chemist who authorities say was high almost every day she went to work at a state drug lab for eight years.

The state's public defender agency is a party to the petition filed Wednesday before the Supreme Judicial Court by two women whose drug possession convictions are tied to evidence handled by chemist Sonja Farak.

Farak pleaded guilty in 2014 to stealing cocaine from the state crime lab at the University of Massachusetts Amherst. She worked at the lab between 2005 and 2013.

The women say the state failed to notify them of Farak's misconduct even after her conviction, depriving them of the opportunity to challenge their convictions.

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