Nevada Supreme Court taking up execution case

Headline Legal News 2018/08/11 23:19   Bookmark and Share
The Nevada Supreme Court has stepped in to decide whether drug companies can try to stop the state from using their medications in a twice-postponed lethal injection of a condemned inmate who wants to die.

A state court judge in Las Vegas cancelled hearings Thursday following an order late Wednesday from six of the high court's seven justices.

Supreme Court intervention had been sought by the state attorney general's office regarding the execution of Scott Raymond Dozier.

The judge had planned to hear drugmaker Sandoz's request to join a bid by Alvogen and Hikma Pharmaceuticals to prevent Nevada from using their products in a three-drug combination never before tried in any state.

A Nevada death-row inmate whose execution has been postponed twice says the legal fight over his fate is taking a tortuous toll on him and his family and he wants his sentence carried out.

Scott Raymond Dozier told The Associated Press that the state should, in his words, "just get it done, just do it effectively and stop fighting about it."

Dozier's comments in a brief prison telephone call on Wednesday came a day before a third drug company is due to ask a state court judge in Las Vegas to let it join with two other firms suing to block the use of their products in executions.

The companies say they publicly declared they didn't want their products used in executions and allege that Nevada improperly obtained their drugs.
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Lawyers ask US Supreme Court to stay Tennessee execution

Headline Legal News 2018/08/08 23:18   Bookmark and Share
Attorneys are asking the U.S. Supreme Court to stay the looming execution of a convicted child killer after the Tennessee Supreme Court and governor decided against a delay.

In a filing Tuesday, federal public defender Kelley Henry and attorney Carl Gene Shiles Jr. wrote that Billy Ray Irick should get a stay of Thursday's scheduled lethal injection while a challenge of the state's protocol continues on appeal.

The state Supreme Court wrote Monday that Irick's attorney didn't meet the burden of proving the lawsuit challenging Tennessee's new three-drug cocktail is likely to succeed. Gov. Bill Haslam said Monday he won't intervene.

Protesters demonstrated Tuesday, urging Haslam to stop the execution.

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Filing period opens for West Virginia Supreme Court seat

Headline Legal News 2018/08/06 12:50   Bookmark and Share
The filing period has begun for a special election for the West Virginia Supreme Court.

The filing period for the unexpired seat of former Justice Menis Ketchum started Monday and runs through Aug. 21. The special election will be held concurrently with the Nov. 6 general election.

Candidates must be at least 30 years old, residents of West Virginia for at least five years and admitted to practice law for at least 10 years.

Ketchum announced his retirement last month. He had two years remaining in his term.

Last week prosecutors said Ketchum has agreed to plead guilty in federal court to one count of wire fraud stemming from the personal use of state-owned vehicles and fuel cards. He faces a plea hearing and up to 20 years in prison.
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Widower wins court battle for estate of 'Thorn Birds' author

Headline Legal News 2018/07/19 23:22   Bookmark and Share
An Australian judge ruled on Friday that best-selling author Colleen McCullough's widower was the sole beneficiary of her estate following a bitter court wrangle.

The author of the novel "The Thorn Birds," which sold 33 million copies worldwide, died on Norfolk Island in 2015 aged 77.

Her husband of 32 years, Ric Robinson, had been battling the executor of the author's estate and close friend, Selwa Anthony, in the New South Wales state Supreme Court over who was entitled to her 2.1 million Australian dollar ($1.5 million) estate.

McCullough wrote a will in 2014 leaving everything to The University of Oklahoma Foundation, of which she was a founding board member. Anthony alleged Robinson took advantage of his wife's ill health to change her will in October 2014, leaving him everything, before her death four months later.

Anthony maintained the foundation was the rightful beneficiary according to the earlier will signed in Sydney, around the time McCullough said she had "kicked Ric out for good" because he had a mistress.

Justice Nigel Rein on Friday found McCullough had intended to bequeath her entire estate to Robinson.

He found the foundation will was later revoked following the couple's reconciliation, when McCullough signed or initialed documents leaving everything to her husband.

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Trump enjoys 'suspense' ahead of Supreme Court announcement

Headline Legal News 2018/07/11 15:04   Bookmark and Share
President Donald Trump is going down to the wire as he makes his choice on a replacement for retiring Supreme Court Justice Anthony Kennedy, but he says with his final four options "you can't go wrong."

Trump spoke to reporters Sunday afternoon before returning to Washington from a weekend at his private golf club in New Jersey, where he deliberated his decision amid furious lobbying and frenzied speculation. Relishing the suspense, Trump insisted he still hadn't locked down his decision, which he wants to keep under wraps until a 9 p.m. Monday announcement from the White House.

"I'm very close to making a final decision. And I believe this person will do a great job," Trump said. Asked by reporters how many people were being considered, the president said: "Let's say it's the four people ... they're excellent, every one."

While Trump didn't name the four, top contenders for the role have included federal appeals judges Brett Kavanaugh, Raymond Kethledge, Amy Coney Barrett and Thomas Hardiman. The White House has been preparing information materials on all four, who were part of a longer list of 25 names vetted by conservative groups.

Trump tweeted later Sunday that he was looking forward to the announcement and said an "exceptional person will be chosen!" He is hoping to replicate his successful announcement of Justice Neil Gorsuch last year.

The president has spent the days leading up to the decision mulling the pros and cons of the various options with aides and allies. He expressed renewed interest in Hardiman — the runner-up when Trump nominated Gorsuch, said two people with knowledge of his thinking who were not authorized to speak publicly. But the situation appeared to remain fluid.

Hardiman has a personal connection to the president, having served with Trump's sister on the 3rd U.S. Circuit Court of Appeals in Philadelphia. He also has a compelling personal story: He went to the University of Notre Dame as the first person in his family to go to college. He financed his law degree at the Georgetown University Law Center by driving a taxi.

Some conservatives have expressed concerns about Kavanaugh — a longtime judge and former clerk for Kennedy — questioning his commitment to social issues like abortion and noting his time serving under President George W. Bush as evidence he is a more establishment choice. But his supporters cite his experience and wide range of legal opinions. He is also former law clerk to Kennedy, as is Kethledge.


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Weinstein pleads not guilty, released on bail

Headline Legal News 2018/07/09 15:04   Bookmark and Share
Harvey Weinstein, who was previously indicted on charges involving two women, was released on bail on Monday while fighting sex crime accusations that now include a third woman.

"We fight these battles one day at a time, and today we won this round," defense attorney Ben Brafman said outside court. Brafman said during the arraignment that he expects more charges.

Weinstein pleaded not guilty after he was brought into the courtroom with his hands cuffed behind his back. He was then uncuffed for the proceeding.

An updated indictment unveiled last week alleges the movie mogul-turned-#MeToo villain performed a forcible sex act on a woman in 2006. The new charges include two counts of predatory sexual assault, which carries a maximum sentence of life in prison upon conviction.

Attorney Gloria Allred, who is representing the third woman, said outside court that her client will testify if the case goes to trial. She said she doubts Weinstein's lawyer would allow him to do the same because it would subject him to cross examination by prosecutors.

Manhattan District Attorney Cyrus R. Vance Jr. said the 66-year-old Weinstein is charged with "some of the most serious sexual offenses" that exist under state law.

"Mr. Weinstein maintains that all of these allegations are false and he expects to be fully vindicated," Brafman said.

More than 75 women have accused Weinstein, who was one of the most powerful men in Hollywood, of wrongdoing as allegations detailed in Pulitzer Prize-winning stories last October in The New York Times and The New Yorker magazine swelled into the #MeToo movement.

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