Court to hear resentencing bid in Arizona death penalty case

Legal Business 2019/12/10 13:23   Bookmark and Share
The U.S. Supreme Court will hear an appeal Wednesday by an Arizona death row inmate who is seeking a new sentencing trial, arguing the horrific physical abuse that he suffered as a child wasn't fully considered when he was first sentenced.

The appeal of James Erin McKinney could affect as many as 15 of Arizona's 104 death row inmates. Attorneys say the Arizona courts used an unconstitutional test in examining the mitigating factors considered during the sentencing trials of the inmates.

The Supreme Court has ruled both that juries, not judges, must impose death sentences, and that mitigating factors, including childhood deprivations, must be factored into sentencing decisions.

McKinney's attorneys say the Arizona Supreme Court erred last year in upholding his sentences after a federal appellate decision concluded that the state court used an unconstitutional test in examining the mitigating factors considered during his sentencing.

Prosecutors said McKinney shouldn't get a sentencing retrial, arguing his case was considered officially closed years before the 2002 Supreme Court decision that required death penalty decisions to be made by jurors, not judges.

Attorneys say the decision in McKinney's case could affect other Arizona death row inmates who could challenge the test used in evaluating the mitigating factors considered during sentencing. But it's unclear whether the ruling would affect death penalty cases from other states.

Jordon Steiker, a law professor at the University of Texas who filed a friend-of-the-court brief supporting McKinney's position, said he doesn't think the McKinney decision will have much of an effect on cases outside of Arizona.

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Court to consider bathroom use by transgender student

Legal Business 2019/12/06 00:21   Bookmark and Share
A transgender student’s fight over school bathrooms comes before a federal appeals court Thursday, setting the stage for a groundbreaking ruling.

The 11th U.S. Circuit Court of Appeals in Atlanta will hear arguments about whether a Florida school district should be ordered to allow students to use the bathroom that matches their gender identity.

Drew Adams, who has since graduated from Nease High School in Ponte Vedra, won a lower court ruling last year ordering the St. Johns County school district to allow him to use the boys’ restroom. The district has appealed, arguing that although it will permit transgender students to use single-occupancy, gender-neutral restrooms, it shouldn’t be forced to let students use the restroom of the gender they identify with.

The 11th Circuit could become the first federal appeals court to issue a binding ruling on the issue, which has arisen in several states. The ruling would cover schools in Florida, Georgia and Alabama, and could carry the issue to the U.S. Supreme Court.

The 4th Circuit had ruled in favor of a Virginia student, but the Supreme Court sent the case back down for further consideration. That’s because the U.S. Department of Education, under President Donald Trump, withdrew guidance that said federal law called for treating transgender students equally, including allowing them to use the bathroom that matches their gender identity.

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Afghanistan probe appeal begins at Hague international court

Legal Business 2019/12/04 00:22   Bookmark and Share
The International Criminal Court opened a three-day hearing Wednesday at which prosecutors and victims aim to overturn a decision scrapping a proposed investigation into alleged crimes in Afghanistan’s brutal conflict.

Fergal Gaynor, a lawyer representing 82 Afghan victims, called it “a historic day for accountability in Afghanistan.”

In April, judges rejected a request by the court’s prosecutor, Fatou Bensouda, to open an investigation into crimes allegedly committed by the Taliban, Afghan security forces and American military and intelligence agencies.

In the ruling, which was condemned by victims and rights groups, the judges said that an investigation "would not serve the interests of justice" because it would likely fail due to lack of cooperation.

The decision came a month after U.S. Secretary of State Mike Pompeo banned visas for ICC staff seeking to investigate allegations of war crimes and other abuses by U.S. forces in Afghanistan or elsewhere.

“Whether the two events are in fact related is unknown, but for many ? victims as well as commentators ? the timing appeared more than coincidental,” said lawyer Katherine Gallagher, who was representing two men being held at the Guantanamo Bay detention facility.

The United States is not a member of the global court and refuses to cooperate with it, seeing the institution as a threat to U.S. sovereignty and arguing American courts are capable of dealing with allegations of abuse by U.S. nationals.

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Court sides with Congress in battle for Trump’s bank records

Legal Insight 2019/12/02 00:25   Bookmark and Share
A federal appeals court in New York on Tuesday upheld the legality of congressional subpoenas seeking President Donald Trump’s banking records but said sensitive personal information should be protected.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan issued the ruling, with Judge Debra Ann Livingston saying in a partial dissent that the lower court should take a longer look at the “serious questions” raised by the case and give the parties time to negotiate.

The court said the application by the president and his children to block the subpoenas was properly denied by a judge this year.

The House Financial Services and Intelligence committees have asked Deutsche Bank and Capital One to turn over records related to Trump’s business ventures. The lawyers for the congressional committees say they need access to documents from the banks to investigate possible “foreign influence in the U.S. political process” and possible money laundering from abroad.

Trump and three of his children challenged the subpoenas. In May, U.S. District Judge Edgardo Ramos said Trump and his company were “highly unlikely” to succeed in proving that the subpoenas were unlawful and unconstitutional.
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Ohio court will hear case over bullying, teacher liability

Legal Insight 2019/11/29 00:27   Bookmark and Share
The Ohio Supreme Court this week agreed to hear a case over whether educators were reckless in failing to prevent an injury to a student even though they had been notified she was being bullied by a fellow kindergartner.

The court will consider whether teachers and principals can be sued when a student is bullied under their supervision, The (Toledo) Blade reported.

In this case, one girl reportedly punctured another girl’s cheek with a pencil at Toledo’s DeVeaux Elementary School several years ago.

A Lucas County court concluded a teacher and two principals were protected from the resulting lawsuit by statutory immunity. But a 2-1 ruling by a state appeals court panel resurrected the lawsuit on the recklessness issue.

State law makes educators immune from liability unless they act with “malicious purpose, in bad faith, or in a wanton or reckless manner.”

The appeals court panel concluded there was some evidence of ongoing verbal and physical abuse in the Toledo case but no sign that attempts were made to keep the two girls apart.

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Lawmakers asked to boost spending on New Mexico court system

Lawyer Blog Post 2019/11/26 12:00   Bookmark and Share
New Mexico Supreme Court Justice Barbara Vigil is asking legislators to boost spending on the state court system.

The Albuquerque Journal reports Vigil joined other court officials Friday in Santa Fe to request an 8.9% increase in appropriations from the state’s general fund.

Vigil says the money would be used to hire five new district judges, expand pretrial services that supervise defendants awaiting trial and improve security, especially for magistrate courts.

If the request is approved, the judiciary will receive about $199 million in the fiscal year that begins in July.

It’s part of a broader state budget expected to exceed $7 billion. Two of the five new judges would be stationed in Albuquerque, and the other three would be based in Santa Fe, Las Cruces and Alamogordo.
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