Court fight over Ohio executions likely to focus on sedative
Attorney News | 2016/10/11 04:51
Ohio says it's resuming executions in January with a three-drug protocol similar to one it used for several years.

The concept is one adopted for decades by many states: the first drug sedates inmates, the second paralyzes them, and the third stops their hearts.

The key difference comes with the first drug the state plans to use, midazolam, which has been challenged in court as unreliable.

The state argues that a planned dose of 500 milligrams will ensure that inmates are properly sedated.

Defense attorneys say it's unclear what a much bigger dose would achieve.

Last year, the U.S. Supreme Court ruled 5-4 that midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.



Iraq's federal court rules against prime minister's reforms
Court News | 2016/10/10 04:51
Iraq's federal court ruled on Monday that Prime Minister Haider al-Abadi's move to abolish the largely ceremonial posts of the country's vice president and deputy prime minister is unconstitutional.

Under Iraq's constitution, abolishing the posts would require the approval of an absolute majority in parliament followed by a national referendum, the court said in a statement.

The decision, which is binding for the Iraqi government, was a slap for al-Abadi, who canceled the posts last year as part of a wide-ranging reform plan that was approved by his Cabinet and passed by Parliament. It was intended to shore up public support for his government in the face of widespread protests.

The cancellations were also an apparent attempt to consolidate power under al-Abadi's government in order to combat corruption and tackle the country's ballooning budget crisis, sparked in part because of a plunge in the price of oil over the past two years, government spokesman Saad al-Hadithi said.

"The return of the (vice president and the deputy prime minister) will affect the expenses of the state," al-Hadithi said.

The decision underscores the government's enduring weakness as Iraqi forces prepare to retake the city of Mosul from the Islamic State group. While the U.S.-led coalition has closely supported Iraq's security forces in the military fight against IS, coalition officials say the Iraqi government is responsible for enacting political reforms that will prevent IS from growing in power in Iraq once again.



Moscow court orders paper to refute a report on Rosneft CEO
Court Watch | 2016/10/08 04:51
A court in Moscow has ordered a leading independent newspaper to retract an article about a luxury yacht allegedly owned by the chief of Russia's top state-controlled oil company. retract

The Basmanny District Court ruled Monday that the Novaya Gazeta report linking Rosneft Chairman Igor Sechin to the St. Princess Olga yacht was untrue.

The newspaper used social media and ship tracking data to allege that Sechin was the yacht's possible owner, but the court ruled that the allegations were unfounded.

Sechin has been a close associate of Russian President Vladimir Putin. He served as a deputy prime minister before taking helm of the giant Rosneft oil company.

Last month, another Moscow court ordered the business daily Vedomosti to withdraw a report about a mansion it claimed belonged to Sechin.


Oklahoma Supreme Court invalidates law restricting abortion
Legal Topics | 2016/10/04 19:04
The Oklahoma Supreme Court has thrown out another state law that would put new restrictions on abortion providers.

In a unanimous opinion handed down Tuesday, all nine justices agreed that the statute adopted by the Legislature last year "contains different and unrelated purposes" in violation of the Oklahoma constitution's requirement that legislation cover a single subject.

The law encompasses four abortion-related topics: minors and parental consent; tissue preservation; inspection of clinics; and legal liability for abortion providers.

The New York-based Center for Reproductive Rights challenged the law and the state's highest court subsequently blocked it from going into effect. The center sued on behalf of Dr. Larry Burns of Norman, who performs nearly half of Oklahoma's abortions.

Oklahoma's attorney general didn't immediately respond to a request for comment early Tuesday.


Supreme Court rejects Whitey Bulger appeal
Headline Legal News | 2016/10/03 19:05
The Supreme Court has turned away James "Whitey" Bulger's appeal of his racketeering convictions and life sentence.

The justices did not comment Monday in leaving in place Bulger's convictions for playing a role in 11 murders and many other crimes.

The 87-year-old Bulger was a fugitive for 17 years until his arrest in 2011. A jury convicted him in 2013.

Bulger argued that the judge at his trial should have let him tell the jury that a now-dead federal prosecutor had granted him immunity from prosecution. The judge said Bulger hadn't offered hard evidence that such an agreement existed.

Bulger also contended that federal prosecutors failed to disclose "promises, rewards and inducements" made to John Martorano, a hit man who testified against the Boston gangster at his trial.


US Supreme Court won't hear Arizona death sentence case
Court News | 2016/10/03 19:04
The U.S. Supreme Court's refusal to hear Arizona's appeal of a lower court ruling that overturned a convicted murderer's death sentence has opened the door for about 25 death row inmates to challenge their sentences.

The justices on Monday let stand the ruling that said Arizona unconstitutionally excluded evidence about James McKinney's troubled childhood and post-traumatic stress disorder that might have led to a lesser punishment.

The 9th U.S. Circuit Court of Appeals ruled last December that Arizona's causal nexus rule violated the Constitution. The rule required any mitigating evidence, such as mental illness or post-traumatic stress disorder, to be directly tied to the crime committed to be relevant in sentencing.


Supreme Court in holding pattern, awaiting ninth justice
Headline Legal News | 2016/10/01 17:39
The Supreme Court is set to begin its new term as it ended the last one — down one justice and ideologically deadlocked on a range of issues.
 
The absence of a ninth justice since Antonin Scalia's death in February has hamstrung the court in several cases. It's forced the justices to look for less contentious issues on which they're less likely to divide by 4-4.

It could be several months, at least, before the nation's highest court is again operating at full strength.

How the presidential election turns out will go a long way toward determining the judicial outlook of the ninth justice, the direction of the court and the outcome of several cases already being heard and others that probably will be at the court soon.


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