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Montana court sends wind farm clash to California
Legal Topics |
2014/07/22 20:52
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A dispute over a Montana wind farm's potential to harm nearby nesting eagles and other birds should be heard in California, the Montana Supreme Court said Friday, in an opinion that deals a legal setback to the project's developers.
The legal row over the Rim Rock wind farm near Cut Bank began last year, when San Diego Gas & Electric accused developer NaturEner of concealing the possibility that eagles and other birds could be harmed by the 126-turbine project.
NaturEner, whose parent company is based in Spain, filed a competing lawsuit in Montana. Its attorneys alleged SDG&E was trying to get out of an unfavorable contract and using the eagle issue as an excuse.
The Rim Rock wind farm is near an area with seven golden eagle nests and Montana's densest concentration of ferruginous hawks. Under federal law, a take permit is required for activities that could injure, kill or otherwise harm protected birds such as eagles.
SDG&E alleges federal officials recommended to NaturEner that the wind farm needed such a permit. NaturEner has denied the claim.
Montana District Judge Brenda Gilbert ruled in May that the case should be heard in Montana because of Rim Rock's importance to the economies of Glacier and Toole counties. She also issued an injunction requiring the utility to pay NaturEner nearly $2 million a month. |
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California high court tosses death penalty
Legal Topics |
2014/07/08 21:18
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The California Supreme Court has tossed out the murder conviction and death penalty sentence of a Riverside County man because of juror misconduct.
The high court ruled Monday that Fred Lewis Weatherton didn't receive a fair trial in 2002 because one of the jurors decided and discussed the case before the start of deliberations. The court said Weatherton is entitled to a new trial.
Weatherton was convicted of shooting to death two neighbors during a 1998 robbery in Indio. A third neighbor who was seriously wounded identified Weatherton as the shooter. Investigators also matched footprints at the scene to shoes Weatherton was wearing when he was arrested shortly after the incident.
The Riverside County District Attorney's office said it hasn't decided how it will proceed. |
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Court gives OJ lawyers a week to resubmit appeal
Legal Topics |
2014/06/03 20:17
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O.J. Simpson's lawyers were given another week Friday to reformat and resubmit an appeal to the Nevada Supreme Court seeking a new trial in the kidnapping and armed robbery case of the former football star.
In the order, Chief Justice Mark Gibbons agreed to accept a supersized 20,000-word document that Simpson's lawyers had submitted before a May 21 deadline if it complies with court formatting rules.
"Basically they want it to be double-spaced," court spokesman Michael Sommermeyer said.
The document hasn't been made public, and the seven justices haven't decided whether to rehear oral arguments in case. The court rejected an initial appeal by Simpson in September 2010.
Simpson attorney Patricia Palm said she was glad the justices agreed to accept the 19,933 words she submitted nine days ago. The new deadline is June 6.
Palm noted the court frequently accepts briefs longer than its 14,000-word limit in complex cases.
Palm and Simpson appeal lawyers Ozzie Fumo and Tom Pitaro want the court to reconsider the contention that Simpson got bad legal advice, that his trial lawyer had a conflict of interest, and that Simpson's 2008 Las Vegas trial was tainted by his notoriety. |
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Justice Dept. to Reveal Drone Memo
Legal Topics |
2014/05/23 23:10
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On the eve of a critical Senate vote and under court order, the Obama administration signaled it will publicly reveal a secret memo describing its legal justification for using drones to kill U.S. citizens suspected of terrorism overseas.
Two administration officials told The Associated Press that the Justice Department has decided not to appeal a Court of Appeals ruling requiring disclosure of a redacted version of the memo under the Freedom of Information Act. The officials spoke on condition of anonymity because they were not authorized to speak publicly about the matter.
The decision to release the documents comes as the Senate is to vote Wednesday on advancing President Barack Obama's nomination of the memo's author, Harvard professor and former Justice Department official David Barron, to sit on the 1st U.S. Circuit Court of Appeals in Boston. Sen. Rand Paul, R-Ky., had vowed to fight Barron's confirmation, and some Democratic senators were calling for the memo's public release before a final vote.
Wednesday's expected procedural vote would allow the Senate to move ahead with a final vote on Barron on Thursday. "I think we'll be OK," Senate Majority Leader Harry Reid, D-Nev., said earlier Tuesday.
Anwar al-Awlaki, an al-Qaida leader born in the United States, was killed after being targeted by a drone strike in Yemen in September 2011. Some legal scholars and human rights activists complained that it was illegal for the U.S. to kill American citizens away from the battlefield without a trial. |
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Oklahoma court agrees to 6-month stay of execution
Legal Topics |
2014/05/09 20:13
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The Oklahoma Court of Criminal Appeals agreed Thursday to a six-month stay of execution for a death row inmate while an investigation is conducted into last week's botched lethal injection.
The court reset the execution date of inmate Charles Warner to Nov. 13. Warner's attorneys requested the 180-day delay, and the state Attorney General Scott Pruitt said Thursday in a court filing he wouldn't object.
While the stay only applies to Warner, Pruitt and Gov. Mary Fallin have said the state will not carry out any executions until the investigation is complete, which is expected to take at least eight weeks.
"If the state is allowed to enforce the ultimate penalty of death, it is incumbent upon this court to allow the state the time necessary to ensure that the penalty is carried out in a constitutionally sound manner," Justice Charles Johnson wrote in a specially concurring opinion.
Warner was scheduled for execution on the same night last week as Clayton Lockett in what would have been the state's first double execution since 1937. But Lockett's vein collapsed during his lethal injection, prompting prison officials to halt the execution. He later died of a heart attack. |
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3 men guilty on all counts in teens' slaying
Legal Topics |
2014/05/02 20:32
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Three gang members have been found guilty of killing two Southern California teens and injuring two others during a 2011 shooting near an apartment complex playground.
The San Bernardino County district attorney's office says a jury convicted the men of two counts each of murder and three each of attempted murder. The verdict was read Tuesday.
The defendants were accused of killing 18-year-old Andrew Jackson and 17-year-old Quinn McCaleb as they walked with a group of teenagers in Redlands. Two other teens were shot but survived their injuries.
Authorities say one of the gunmen was seeking revenge after he was jumped by several men, and attacked the victims in a case of mistaken identity. The victims had no gang ties or prior contact with the defendants' gang. |
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Court revives lawsuit vs. state Medicaid expansion
Legal Topics |
2014/04/25 17:56
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The Arizona Court of Appeals on Tuesday revived a lawsuit challenging Gov. Jan Brewer's expansion of the state's Medicaid insurance plan for the poor, ruling that Republican lawmakers have the right to sue over their contention that a hospital assessment that funds the expansion is a tax requiring a two-thirds vote of the Legislature.
Republicans in the House and Senate sued last year, saying only a simple majority last June passed the expansion bill that included the assessment. A Maricopa County judge in February dismissed the case, saying lawmakers were suing over a lost political battle because the Legislature itself decides whether a supermajority vote is needed.
But the appeals court rejected that decision and sent the case back to Judge Katherine Cooper for more action. In an 11-page ruling, the unanimous three-judge panel said the 36 Republican lawmakers who sued could have defeated House Bill 2010 if the supermajority vote was required, so it was proper for Cooper to decide if the Arizona Constitution required that vote.
The ruling was a major loss for Brewer, who pushed the Medicaid bill through the Legislature by cobbling together a coalition of minority Democrats and 14 Republicans.
She is one of only a handful of Republican governors who embraced Medicaid expansion, a key part of President Barack Obama's health care law. In all, 25 states plus Washington, D.C., are moving ahead with the expansion, while 19 states have turned it down. An additional six states are weighing options. |
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