Legal Insight 2017/12/30 11:28
A court order blocking Louisiana from carrying out any executions has been extended indefinitely after the death of the federal judge who issued it.
A lawsuit challenging the state's lethal injection protocols has kept death sentences on hold since 2014. U.S. District Judge James Brady, who died Dec. 9 after a brief illness, oversaw the lawsuit and agreed to order the temporary stay of all executions.
Brady's order was due to expire next Monday, but U.S. District Judge Shelly Dick agreed Thursday to extend it until another judge is assigned to the lawsuit.
Louisiana has 72 inmates on death row, according to state corrections department spokesman Ken Pastorick. The state's last execution was in January 2010, when it carried out a death sentence for Gerald Bordelon, who was convicted of killing his 12-year-old stepdaughter in 2002.
Drug shortages have forced the corrections department to rewrite its execution plan several times since 2010. Under the state's current execution protocols, its primary method is a single-drug injection of pentobarbital, a powerful sedative. The alternative method is a two-drug combination of the painkiller hydromorphone and the sedative midazolam.
The most recent order that Brady issued to halt executions — at the request of Louisiana Attorney General Jeff Landry — is limited to death row inmates who are plaintiffs in the litigation. But others can join the lawsuit if an execution date is set by the courts.

Legal Insight 2017/12/27 11:28
A Democratic judge has announced his candidacy for a seat on the Ohio Supreme Court. Michael Donnelly currently serves on the Cuyahoga County Court of Common Pleas in Cleveland. He said Thursday he's running for the high court this year.
There are two November races for seats on the seven-person court. One is for an open seat being vacated by the retirement of Republican Justice Terrence O'Donnell. The second is for a seat being vacated this month by Democratic Justice William O'Neill, who is running for governor.
Gov. John Kasich is expected to appoint a fellow Republican to fill O'Neill's seat, and that person will then choose whether to run for the full six-year term.
Legal Insight 2017/12/27 11:27
A court in Kentucky has called for a county jailer to resign, citing several recent incidents at the jail that include what the court viewed as substandard living conditions, along with multiple escapes and overdoses.
Judge-Executive Steve Towler and county commissioners approved a resolution requesting that Boyd County Jailer Joe Burchett step down, the Independent reported Wednesday. Burchett was not present at the meeting. He is an elected official, so he can't be fired.
"The jailer shall have the custody, rule and charge of the jail in his county and must keep the jail comfortably warm, clean and free from nauseous odors," the resolution states. "There have been numerous incidents over the past several months evidencing the current Boyd County jailer's failure to adhere" to those requirements.
The incidents have created a threat to personal safety and security for county residents, Towler said.
Commissioner John Greer said he hoped that Burchett would "see the light and retire," but he noted that it is "totally his decision."
Four maximum-security prisoners escaped from the jail on Dec. 28. Two of the four inmates have been captured.
Last month, Boyd Commonwealth's Attorney Rhonda Copley announced the existence of an investigation into possible malfeasance by Burchett. Malfeasance is a misdemeanor charge. Under state law, if any elected county official is convicted of the charge, that person's office would be declared vacant.

Legal Insight 2017/12/25 11:27
Five western nations have warned Kosovo against repealing or amending a law on a war crimes court, saying it would suffer negative consequences "in international and Euro-Atlantic integration."
A statement Thursday from the nations — the United States, Britain, France, Germany and Italy — said they were "deeply concerned by ongoing efforts to undermine the work of the Specialist Chambers." It called on Kosovo politicians and lawmakers "to abandon any thought of repealing or re-negotiating any aspect of the law ... (because that) calls into question Kosovo's commitment to the rule of law."
In December, a group of Kosovo lawmakers tried to amend the law, seeking to extend its jurisdiction over Serbs, their former adversaries in the 1998-1999 war for independence. The court now has jurisdiction only over potential war crimes suspects who were Kosovo citizens.
"(This move) puts the interests of certain individuals above the interests of Kosovo society. We condemn such a move," the nations said.
Kosovo detached from Yugoslavia following a three-month NATO air war in 1999 to stop a bloody Serbian crackdown against ethnic Albanian separatists. It then declared unilateral independence from Serbia in 2008, a move recognized by 114 states but not by Serbia.
The court law was passed in 2015 as a result of U.S. and European pressure on Kosovo's government to confront alleged war crimes that the Kosovo Liberation Army committed against ethnic Serbs.

Legal Insight 2017/12/14 10:16
A divided Ohio Supreme Court on Thursday rejected requests for unredacted autopsy reports from the unsolved slayings of eight family members.
The court ruled 4-3 that the Pike County coroner in southern Ohio does not have to release the reports with complete information.
Chief Justice Maureen O'Connor, writing for the majority, said Ohio law regarding coroner records clearly exempts the redacted material as "confidential law enforcement investigatory records."
The case before the court involved seven adults and a teenage boy from the Rhoden family who were found shot to death at four homes near Piketon, in rural southern Ohio, on April 22, 2016.
Heavily redacted versions of the autopsy reports released last year showed all but one of the victims were shot multiple times in the head, but details about any other injuries and toxicology test results weren't released.
Once a criminal investigation ends, confidential information in autopsy reports can become public records, but the process leading to a suspect can sometimes take time, O'Connor wrote.
"In order that justice might be delivered to all, patience may be required of some," the chief justice said.
The Columbus Dispatch and The Cincinnati Enquirer separately sued for access to the full final autopsies. The Ohio Attorney General's Office, which is leading the investigation, sought to shield the information, arguing that its release could compromise the investigation.
Jack Greiner, an attorney representing the newspapers, called the majority's decision "a classic case of the court making up its mind on how it wanted the case to come out and then finding a path there." He said the ruling sets a negative precedent that will allow police to put whatever they want under the "investigatory records" umbrella.

Legal Insight 2017/12/13 10:16
South Carolina Rep. Rick Quinn Jr. pleaded guilty to corruption charges Wednesday, becoming the third Republican lawmaker convicted in a wide-ranging Statehouse corruption probe.
Prosecutors said they will ask for prison time for the 52-year-old former House Majority leader. Quinn faces up to a year behind bars on a charge of misconduct in office. The other two lawmakers who have pleaded guilty in the investigation have received probation.
Quinn planned to plead guilty to one count of misdemeanor misconduct in office, prosecutor David Pascoe said as Wednesday's hearing started. Pascoe agreed to drop a second charge.
Quinn broke the law by taking $4 million in unreported money from lobbyists, Pascoe said. "It wasn't about service to the people, it was about service to his pocketbook," Pascoe said.
As part of the deal, Pascoe also agreed to drop corruption charges against Quinn's Republican consultant father Richard Quinn Sr., but he must testify before a grand jury that continues to investigate legislators and others and fully cooperate with the State Law Enforcement Division. Quinn has dozens of high-powered clients in the state, including U.S. Sen. Lindsey Graham and Attorney General Alan Wilson.
The consulting business, First Impressions, is also pleading guilty to not registering as a lobbyist and will pay a fine. Quinn resigned an hour before the hearing. He called his 21 years in the South Carolina House "one of the greatest honors of my life" in a letter to House Speaker Jay Lucas.
