Judge won’t halt execution over intellectual disability

Court News 2022/03/29 16:21   Bookmark and Share
A judge on Tuesday dismissed a motion to declare a Tennessee death row inmate intellectually disabled, a move that would have prohibited his upcoming execution.

Senior Judge Walter Kurtz wrote that federal courts had previously determined Byron Black was not intellectually disabled and therefore was ineligible to have the decision considered once again. The 45-page decision comes despite agreement between Nashville’s district attorney and Black’s lawyers that he is intellectually disabled and should not be put to death.

Black is scheduled to be executed on Aug. 18 for his murder convictions in the April 1988 killings of his girlfriend and her two young daughters.

Black’s attorneys had argued the 65-year-old should be spared under a 2021 law that made Tennessee’s prohibition against executing people with intellectual disability retroactive, pointing out there is a different standard in place now than in 2004 — when the court found that Black didn’t meet the now-obsolete definition of “mental retardation.” Previously, Tennessee had no mechanism for an inmate to reopen a case to press an intellectual disability claim.

However, Kurtz ultimately concluded that the new state law does not apply to death row inmates who had previously received a ruling from a prior court.

“This Court fails to see how the federal courts’ resolution of petitioner’s intellectual disability claim can be seen as anything other than an adjudication on the merits under the legal and medical principles which are embodied in the most recent version of (Tennessee law),”Kurtz wrote. “Given the above, the Court finds that Mr. Black had a full and fair previous adjudication on the merits of his intellectual disability claim.”

Black was convicted by a Nashville court in the deaths of girlfriend Angela Clay, 29, and her daughters Latoya, 9, and Lakesha, 6. Prosecutors said he was in a jealous rage when he shot the three at their home. At the time, Black was on work release while serving time for shooting and wounding Clay’s estranged husband.

Earlier this month, District Attorney Glenn Funk — Nashville’s lead prosecutor — announced that he agreed with Black’s legal team that the inmate was intellectually disabled and should instead face a sentence of life in prison.

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Judge sides with Alaska attorney who alleged wrongful firing

Court News 2022/01/21 10:33   Bookmark and Share
A U.S. judge sided Thursday with an attorney who alleged she was wrongly fired by the state of Alaska over political opinions expressed on a personal blog.

U.S. District Court Judge John Sedwick ruled that Elizabeth Bakalar’s December 2018 firing violated her free speech and associational rights under the U.S. and state constitutions.

According to Sedwick’s decision, Bakalar was an attorney with the Alaska Department of Law who handled election-related cases and was assigned to advise or represent state agencies in high-profile or complex matters. She began a blog in 2014 that focused on issues such as lifestyle, parenting and politics but began blogging more about politics and then-President Donald Trump after his 2016 election. She also commented about Trump on Twitter, with her name listed as the Twitter handle, the order says.

Shortly after Republican Gov. Mike Dunleavy’s election in 2018, the chair of his transition team and later his chief of staff, Tuckerman Babcock, sent a memo to a broad swath of state employees requesting they submit their resignations along with a statement of interest in continuing to work for the new administration. The request was derided by attorneys for Bakalar and others as a demand for a “loyalty pledge.”

“To keep their jobs employees had to actually offer up a resignation with an accompanying statement of interest in continuing with the new administration and then hope that the incoming administration would reject the resignation,” Sedwick wrote.

Babcock said he fired Bakalar because he considered the tone of her resignation letter to be unprofessional, the order says. But Sedwick said Babcock did not accept the resignation of an assistant attorney general who used the same wording he had found objectionable when used by Bakalar.

While every lawyer in the Department of Law received the memo, just two — Bakalar and another attorney who had been critical of Trump on social media — had their resignation letters accepted, according to Sedwick’s decision.
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Appeals court: Illinois counties must end ICE contracts

Court News 2022/01/14 13:58   Bookmark and Share
A federal appeals court has ruled two counties that hold immigrant detainees at local jails must terminate contracts with federal authorities starting Thursday.

Leaders in Kankakee and McHenry counties sued over an Illinois law aimed at ending immigration detention in the state by Jan. 1 and lost. But they were allowed to delay while on appeal.

In the ruling, the 7th U.S. Circuit Court of Appeals said the counties hadn’t made their case.

“We conclude that the counties have not made a ‘strong showing’ that they are likely to succeed on the merits,” the three-judge panel concluded.

Roughly 100 detainees remain at the jails. Winding down the contracts is expected to take a few weeks.

The Illinois law has been celebrated by immigrant rights activists who say detaining people awaiting immigration hearings is inhumane and costly. They’re pushing to release detainees instead of transferring them elsewhere.

Last year, downstate Pulaski County cleared its jail of immigrant detainees. Court records show 15 were released. Dozens of others were transferred to Kansas and the two Illinois facilities.

Officials in McHenry and Kankakee counties, who didn’t return messages Thursday, have previously said they’d continue to appeal. They say the contracts are lucrative and argue that ending them simply transfers detainees further from their families.

U.S. Immigration and Customs Enforcement didn’t return a message Thursday.
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Cobb County jury trials paused as COVID-19 spreads

Court News 2022/01/08 12:11   Bookmark and Share
As COVID-19 cases continue rising across the state of Georgia, the court system in one of its counties has decided to pause jury trials.

Cobb County Superior Court Judge Robert D. Leonard issued an order Monday to cancel trial jurors through Jan. 21, WSB-TV reported.

“I did not make this decision lightly,” Leonard said. “We must keep in mind that jury service compels people of all walks of life, with all health conditions and vaccination status to attend court. Additionally, the likelihood of successfully getting through a lengthy jury trial when our community spread is at this record level is slim.”

According to the Georgia Department of Public Health, 11,902 cases of COVID-19 have been reported in Cobb County in the last two weeks.

Jury trials across Georgia were paused for much of the pandemic. Trials in Cobb County ultimately resumed last April.

Leonard also said that the State Court of Cobb County will be undertaking the same measures.

Grand jury proceedings will not be affected.
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Judges send Tyson workers’ virus lawsuit back to state court

Court News 2022/01/03 18:34   Bookmark and Share
A federal appeals court has ruled that Tyson Foods can’t claim it was operating under the direction of the federal government when it tried to keep its processing plants open as the coronavirus spread rapidly within them during the early days of the pandemic.

So the Des Moines Register reports that a lawsuit filed by several families of four workers who died after contracting COVID-19 while working at Tyson’s pork processing plant in Waterloo will be heard in state court. The families allege that Tyson’s actions contributed to the deaths.

Tyson had sought to move the case to federal court because it said federal officials wanted it to keep its plants running. The company cited an executive order former President Donald Trump signed that designated meat processors as essential infrastructure.

“The fact that an entity — such as a meat processor — is subject to pervasive federal regulation alone is not sufficient to confer federal jurisdiction,” Judge Jane Kelly wrote in the decision.

The court also noted that Trump’s order was signed in late April 2020 after many of its workers were infected. More than 1,000 Tyson workers at the Waterloo plant tested positive for the virus that spring and at least six died.

Tyson spokesman Gary Mickelson said the Springdale, Arkansas-based company is disappointed in the court ruling, but he defended the steps Tyson took to keep workers safe during the pandemic.

“We’re saddened by the loss of any of our team members to COVID-19 and are committed to protecting the health and safety of our people,” Mickelson said. “We’ve implemented a host of protective measures in our facilities and in 2021 required all of our U.S. team members to be vaccinated.”
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Commissioner sought to oversee 3 Ohio redistricting suits

Court News 2021/10/04 12:24   Bookmark and Share
Attorneys in one of three lawsuits brought against Ohio’s newly drawn maps of legislative districts asked the state’s high court Monday to appoint a master commissioner to oversee the disputes.

Lawyers for voters represented by the National Democratic Redistricting Committee told the Ohio Supreme Court the special oversight is needed to resolve discovery disputes among three separate legal teams that have sued the Ohio Redistricting Commission.

The suits allege some overlapping and some separate violations of the Ohio Constitution by the panel, which was forced to pass four-year maps along party lines because majority Republicans failed to reach agreement with the panel’s two Democrats. The panel’s GOP members defend the maps of Ohio House and Ohio Senate as fair and constitutional.

They are predicted to continue to deliver supermajorities to Republicans in both chambers, though the state’s partisan breakdown is roughly 54% Republicans, 46% Democrats.

In their Monday filing, the National Democratic Redistricting Committee’s attorneys said that they have made good-faith efforts to work out disputes with fellow lawyers but that “it is already clear that some disputes are fundamental and will be irresolvable.”

Disagreements became apparent after a meeting on Friday, they said. Among areas where lawyers are at odds are whether members of the redistricting panel can be deposed, whether they must answer written questions and whether third parties can be questioned or asked to produce evidence.

The suits are the first to be brought under amendments to the Ohio Constitution that were approved overwhelmingly by the state’s voters in 2015.

The seven-member high court, made up of four Republicans and three Democrats, has exclusive jurisdiction in resolving redistricting disputes. It has set an expedited schedule for hearing the three cases, culminating in oral arguments Dec. 8.

The other two suits were brought by the American Civil Liberties Union on behalf of the League of Women Voters of Ohio, the A. Philip Randolph Institute and individual voters; and by the Council on American-Islamic Relations of Ohio, Ohio Organizing Collaborative and Ohio Environmental Council and individual voters.

Ohio Supreme Court Justice Pat DeWine has said he will not recuse himself, despite his father, Gov. Mike DeWine, is a member of the redistricting panel being sued. Both DeWines are Republicans.
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