Ohio Supreme Court delays serial killer's execution date
Opinions | 2017/01/06 02:13
The Ohio Supreme Court has agreed to delay the execution date for a Cleveland man convicted of killing 11 women and hiding the remains in and around his home.

The court on Thursday granted the request from attorneys for serial killer Anthony Sowell.

The execution had been set for Nov. 18, 2010. The court said the execution would be delayed until Sowell had exhausted all his appeals, most likely through the federal courts.

The court's action was similar to its approach to other death penalty cases. It regularly sets initial execution dates after upholding death sentences, then delays them on request.

Jurors found Sowell guilty of killing 11 women from June 2007 to July 2009.


Appeals court: Minnesota sex offender program constitutional
Legal Business | 2017/01/05 02:14
Minnesota's program for keeping sex offenders confined after they complete their prison sentences is constitutional, a federal appeals court ruled Tuesday, reversing a lower-court judge who said it violates offenders' rights because hardly anyone is ever released.
 
A three-judge panel of the 8th U.S. Circuit Court of Appeals sided with the state, which argued that the program is both constitutional and necessary to protect citizens from dangerous sexual predators who would otherwise go free. The appeals court sent the case back to the lower court for further proceedings.

Only six offenders are currently free on provisional releases from the Minnesota Sex Offender Program, even though it's more than 20 years old. That led U.S. District Judge Donovan Frank in 2015 to declare the program unconstitutional and order changes to make it easier for people to get on a pathway for release.

The Minnesota case has been closely watched by lawyers, government officials and activists in the 20 states with similar programs. While civilly committed offenders in California, Wisconsin, New Jersey and other states are allowed to re-enter society after completing treatment, Minnesota has the highest per capita lockup rate, and its courts didn't order the unconditional release of anyone from its program until August.

Minnesota's offenders are confined by court order for treatment at secure facilities in Moose Lake and St. Peter that are ringed by razor wire, though there's a section outside the wire at St. Peter for people who've progressed to the later stages of treatment and been given some limited freedoms. They're officially considered patients or residents, not prisoners. But the lawsuit filed on behalf of more than 700 offenders argued that the program amounts to a life sentence.


Court says convicted killer Skakel's defense was adequate
Legal Interview | 2017/01/03 02:14
Convicted killer Michael Skakel could be headed back to prison after the Connecticut Supreme Court reinstated his 2002 conviction for the gruesome murder of his 15-year-old neighbor Martha Moxley.

Moxley was killed — bludgeoned with a golf club belonging to the Skakel family and stabbed in the neck with the broken-off handle — the night before Halloween in 1975 in the driveway of her Greenwich home. No physical evidence tied Skakel to the crime, but he was convicted because of incriminating things he said to friends and a weak alibi he gave investigators.

Skakel, the now 56-year-old nephew of Robert and Ethel Kennedy, served a decade of his 20-to-life sentence until he was released in 2013 when an appeals court ruled he didn’t get an adequate legal defense from his lawyer Mickey Sherman.

Connecticut’s highest court rejected that ruling yesterday in a divided 4-3 decision that found Sherman “rendered constitutionally adequate representation” — setting in motion a series of last-ditch efforts by Skakel’s appellate attorneys to keep him from heading back to the lock-up.


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Areas of Focus | 2017/01/02 02:26
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Court: Star Chinese investor pleads guilty in stock case
Legal Topics | 2016/12/06 16:36
A Chinese court says a star securities trader who was arrested following last year's stock market collapse has pleaded guilty to insider trading and manipulating share prices.

The court in the eastern city of Qingdao said in a statement Tuesday that Xu Xiang and two co-defendants pleaded guilty at the start of a trial but no verdict had been issued.

Xu was arrested in November after a rapid rise in Chinese share prices collapsed. Top executives of China's biggest state-owned securities firm also were arrested in a separate case.

The court statement said Xu and his co-defendants were accused of conspiring with executives of 13 companies from 2010 to 2015 to inflate their share price and then sell.


State high court to hear wind power appeal
Court News | 2016/12/06 00:05
A decision on a proposed high-voltage power transmission line that would run through several Illinois counties is now heading to the state Supreme Court after an energy company decided to appeal a ruling against construction.

The high court agreed last week to review an appellate court's decision on the Rock Island Clean Line, a 500-mile electric project transmitting wind energy from Iowa turbines. The appellate court reversed a 2014 decision from the state Commerce Commission, which approved construction of the line.

Evidence presented by Rock Island in the case suggests the project would reduce electricity costs by hundreds of millions of dollars. The construction of the project would also create construction jobs.

Rock Island also would pay each county through which the transmission line passes $7,000 per year for each mile for 20 years.

The company has faced four years of legal opposition by the Illinois Landowners Alliance, the Illinois Farm Bureau and ComEd. The groups argue that the project doesn't meet Illinois Public Utilities Act requirements.



Alabama inmate seeks execution stay from US Supreme Court
Legal Business | 2016/12/05 00:05
An Alabama inmate on Friday asked the U.S. Supreme Court to stay his upcoming execution to consider whether a judge should have been able to give him a death sentence when the jury recommended life imprisonment.
 
Ronald Bert Smith is scheduled to be executed by lethal injection next Thursday for the 1994 slaying of Huntsville convenience store clerk Casey Wilson. A jury recommended life imprisonment without parole by a 7-5 vote, but a judge sentenced Smith to death.

"Alabama is the only state that allows a judge to sentence a defendant to death when the jury has recommended a sentence of life," lawyers for Smith wrote in the petition, noting that Florida and Delaware abolished that capability this year.

The petition could put the issue of judicial override before the court.

The U.S. Supreme Court in January struck down Florida's similar sentencing structure because it gave too much power to judges. Justices ruled that "the Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death."

Smith's lawyers argued that Alabama's death penalty structure is also unconstitutional because an Alabama jury can recommend a sentence of life without parole, but a judge can override that recommendation and impose a death sentence.


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