Conn. high court hears death penalty appeal

Court Watch 2011/04/27 09:31   Bookmark and Share
A lawyer told the state Supreme Court yesterday that his client’s death penalty case was the weakest one ever to go before the high court, alleging that the jury was biased and that key evidence was improperly withheld from the trial.

Justices heard the appeal of former Torrington resident Eduardo Santiago, 31, who prosecutors say agreed in 2000 to kill a West Hartford man in exchange for a pink-striped snowmobile with a broken clutch. He was sentenced to death by lethal injection in 2005 after a jury convicted him, despite no clear evidence that he was the one who pulled the rifle trigger.

Two other men are serving life prison sentences for the killing of Joseph Niwinski, 45, who was shot in the head while sleeping in his home.

Santiago’s lawyer, Assistant Public Defender Mark Rademacher, told the Supreme Court that there was no way a reasonable jury could have condemned Santiago. The defense presented 25 mitigating factors, including Santiago’s troubled childhood, for jurors to consider against the death penalty, while the state based its argument for execution on one aggravating factor, that Niwinski was killed in a murder-for-hire plot.

top

Ohio man pleads guilty in abortion-gunpoint case

Court News 2011/04/27 09:30   Bookmark and Share
A man charged under an Ohio fetal homicide law with trying to force his pregnant girlfriend at gunpoint to get an abortion pleaded guilty Thursday to attempted murder, weapons and abduction counts.

Dominic Holt-Reid pulled a gun Oct. 6 on girlfriend Yolanda Burgess, who was three months pregnant, and forced her to drive to an abortion clinic, police said. Burgess, who was 26 at the time, did not go through with the procedure but instead passed a note to a clinic employee, who called police.

Prosecutors had brought their case against Holt-Reid using the state's 1996 law that says a person can be found guilty of murder for causing the unlawful termination of a pregnancy.

Holt-Reid, 28, faces up to 20 years in prison and a $40,000 fine. A presentencing investigation was ordered, and the next hearing was scheduled for June 9.

Holt-Reid had previously pleaded not guilty to charges of attempted murder, kidnapping, improper handling of a firearm and carrying a concealed weapon. His guilty pleas in Franklin County Common Pleas Court came a day after Prosecutor Ron O'Brien told The Associated Press in a statement that a plea deal was in the works.

top

Court reinstates Va. mental health lawsuit

Headline Legal News 2011/04/19 08:34   Bookmark and Share

The Supreme Court says Virginia's advocate for the mentally ill can sue to force state officials to provide records relating to deaths and injuries at state mental health facilities.

The justices, in a 6-2 ruling Tuesday, reinstated the Virginia Office for Protection and Advocacy lawsuit against Virginia's mental health commissioner and two other officials.

The federal appeals court in Richmond, Va., had dismissed the state advocate's lawsuit. The issue for the court was whether the Eleventh Amendment prohibits a state agency from going to federal court to sue officials of the same state.

Justice Antonin Scalia, who wrote the court's opinion, says the lawsuit should have been permitted. Justice Elena Kagan did not take part in the case.

top

TX Supreme Court hears arguments on open beaches

Court News 2011/04/19 06:34   Bookmark and Share
Texas has long considered beaches to be public property up to the vegetation line, but a Supreme Court ruling put that in doubt. In November, the court cited early Texas history and ruled that Galveston Island's West Beach could be considered private property.

The Supreme Court agreed to rehear the case on Tuesday morning after the General Land Office complained the more recent Open Beaches Act superseded the earlier law.

The lawsuit arose after Hurricane Rita eroded the sand and left several homes on the beach. The GLO tried to foreclose on those structures, but the property owner took the state to court.

top

Media ask court to unseal gay marriage trial tapes

Topics in Legal News 2011/04/19 04:35   Bookmark and Share
Media organizations are joining lawyers for two-same-sex couples in urging a federal appeals court to release videotapes of a lower court trial on California's gay marriage ban.

The 13 organizations, which include The Associated Press, argued in a motion filed Monday with the 9th U.S. Court of Appeals that the videos are court records that the First Amendment requires to be open to the public.

Sponsors of voter-approved Proposition 8 asked the 9th Circuit last week to keep the tapes sealed and to order the trial's presiding judge to return his personal copies.

The move came after now-retired Judge Vaughn Walker, who declared Proposition 8 unconstitutional, used a brief segment of the video in several public talks.
top

Court hears arguments in new global warming case

Headline Legal News 2011/04/19 02:35   Bookmark and Share

The Obama administration and leading power companies are going before the Supreme Court in an effort to block a global warming lawsuit aimed at forcing cuts in greenhouse gas emissions.

The justices are hearing arguments Tuesday in the court's second climate change case in four years. A half-dozen states, New York City and three land trusts sued four private utilities and the Tennessee Valley Authority over emissions of carbon dioxide from plants in 20 states. The lawsuit says carbon dioxide, which is produced when coal, gasoline and other fossil fuels burn, is one of the chief causes of global warming.

The administration and the companies say federal courts should not set environmental policy. The administration says the Environmental Protection Agency is developing regulations that would accomplish what the states are seeking.

top









Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design