Texas death row inmate gets reprieve

Court News 2011/04/02 09:42   Bookmark and Share

The U.S. Supreme Court blocked the first scheduled execution of a Texas death row inmate using a new drug cocktail on Tuesday, although the proposed lethal mix was not mentioned in the court's decision to reconsider the merits of the condemned man's appeal.

Cleve Foster was to have been executed hours later for the 2002 slaying of a Sudanese woman in Fort Worth — the first Texas execution since the state switched to pentobarbital in its three-drug mixture. The sedative has already been used for executions in Oklahoma and Ohio.

On Tuesday morning, the high court agreed to reconsider its January order denying Foster's appeal that raised claims of innocence and poor legal help during his trial and early stages of his appeals.

Foster's lawyers also have argued that Texas prison officials violated administrative procedures last month when they announced the switch to pentobarbital from sodium thiopental, which is in short supply nationwide. Foster's lawyers contend that the rules change in Texas required more time for public comment and review. Lower courts have rejected their appeals and attorneys had planned to take their case to the Texas Supreme Court.

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NY court to hear case of missed police evidence

Court News 2011/03/23 10:07   Bookmark and Share

New York's top court will hear arguments whether a New York Police Department sergeant's failure to get statements from two witnesses to a stabbing in a Times Square theater means a man's assault conviction should be overturned.

The trial judge refused to let defense lawyers cross-examine the sergeant about the unknown bystanders, who he overheard saying the injured man pulled the knife — not suspect Kenneth Hayes — but did not question because he was busy securing the scene.

The judge also ruled the police failure to get their contact information didn't violate the Brady requirement that prosecutors disclose information to the defense that could prove their client innocent.

A midlevel court divided 3-2 in rejecting Hayes' appeal.

He was also found guilty of weapon possession in the scuffle with Charles Shell, although Hayes claimed self-defense.

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Judge denies class action status in lawsuit

Court News 2011/03/10 12:55   Bookmark and Share

A federal judge has refused to expand a lawsuit beyond the seven people who are suing a South Dakota urology clinic and its owners.

The plaintiffs sought to make it a class action suit representing more than 6,000 patients.

The lawsuit against Siouxland Urology Center in Dakota Dunes and doctors alleges that the former patients could have been exposed to blood-borne infections because medical equipment that was intended for single-patient use was reused at the clinic.

U.S. District Judge Karen Schreier ruled that the complaint did not meet all the requirements for class action status.

The plaintiffs, identified as Iowa residents, seek more than $5 million on allegations that include negligence, medical malpractice, and emotional distress.


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Iowa bill on same-sex marriage licenses in trouble

Court News 2011/02/23 09:29   Bookmark and Share

A measure that would bar Iowa county officials from issuing marriage licenses to same-sex couples faces a bleak future as it sits in a House committee.

Top Republicans on Thursday said they have no plans to debate the issue, viewing it a nod to the party's social conservative wing. Top Democrats argue the measure is unconstitutional and violates a 2009 Iowa Supreme Court decision striking down a state law defining marriage as being between one man and one woman.

Backers say introducing the measure is one more opportunity to voice their displeasure with how the marriage issue has been handled.

Republican Rep. Betty De Boef (dee-BUFF') says the issue has been handled badly and that some lawmakers want to take every opportunity to make that point.


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Vivendi To Cut US Class Action Provision

Court News 2011/02/20 09:31   Bookmark and Share

Vivendi SA said Wednesday it will significantly reduce the EUR550 million provision it had made to cover potential damages for a U.S. class action case after a U.S. judge narrowed the size of the class.

The Paris-based company's potential liabilities have been slashed by 80% in light of the court victory, which will free up more cash as the group prepares to buy out Vodafone PLC's minority stake in telecoms operator SFR.

Vivendi made the provision in its 2009 accounts to cover any eventual payout after a jury in January last year found the company liable for 57 misstatements about its financial condition in the two years leading up to its near bankruptcy in 2002.

The damages arising from the ruling in January 2010, which was based on a class involving shareholders outside the U.S., could have totaled more than $9 billion, according to lawyers for the shareholders, although Vivendi's lawyer Herve Pisani rejected the sum as "unfounded."

The ruling Tuesday by U.S. District Judge Richard Holwell that shareholders who bought Vivendi shares outside the U.S. are barred from bringing fraud claims against the company in the U.S., considerably narrowed the overall size of the potential class.

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Judge strikes down NC ban on public profanity

Court News 2011/01/09 22:59   Bookmark and Share

A North Carolina judge has struck down a 98-year-old state ban on public profanity.

Superior Court Judge Allen Baddour dismissed a misdemeanor charge against Chapel Hill resident Samantha Elabanjo on Wednesday. She had been convicted in July of using the word "damn" during a confrontation with police officers.

Baddour ruled the law against indecent or profane language within earshot of two or more people on any public road in North Carolina was unconstitutionally vague.

The case started Feb. 15 when Elabanjo stepped into the road as a police cruiser drove by. The two officers asked her to get back on the sidewalk. She did, but said: "You need to clean up your damn, dirty car" while still in the road. She then called the officers a vulgar name and she was arrested.


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