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Kansas court upholds death sentence for sheriff's killing
Topics |
2016/07/22 10:06
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The Kansas Supreme Court on Friday upheld the death sentence imposed against a man who fatally shot a sheriff during a 2005 drug raid.
Kansas hasn't executed anyone in more than 50 years, and Friday's decision in Scott Cheever's case is only the second time the court has upheld a death sentence under the state's 1994 capital punishment law.
An execution by lethal injection isn't likely to be scheduled soon, but state Attorney General Derek Schmidt said in a statement, "today's ruling marks the end of the first line of appeals in this case."
Cheever acknowledged shooting Greenwood County Sheriff Matt Samuels as Samuels tried to serve a warrant at a rural home about 75 miles northeast of Wichita, but Cheever's attorney argued that he was too high on methamphetamine for the crime to be premeditated.
The slain sheriff's son, Heath Samuels, is now serving as interim sheriff in his father's old job in Greenwood County. He said he was "very excited" to see the court system still works. The family supports the death penalty, he said.
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Appeals court delay requested in ex-Virginia governor's case
Law Center |
2016/07/21 10:06
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Prosecutors have asked a federal appeals court to delay action for 30 days on a U.S. Supreme Court ruling in former Virginia Gov. Bob McDonnell's corruption case — to allow both sides time to analyze it.
The Richmond Times-Dispatch reportsthe U.S. Attorney's Office said the motion filed jointly Thursday proposes that parties file a briefing schedule or update the 4th Circuit Court of Appeals on discussions after 30 days.
McDonnell was convicted in 2014 of doing favors for a wealthy businessman in exchange for more than $165,000 in gifts and loans.
The Supreme Court overturned McDonnell's conviction in June, saying his actions were distasteful but didn't necessarily violate federal bribery laws. The case was returned to the lower court to decide whether there's enough evidence for another trial.
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Arkansas court denies request for new execution law hearing
Law Center |
2016/07/20 10:06
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Arkansas' highest court has denied a request to reconsider its June ruling upholding the state's execution secrecy law, but justices issued a stay that prevents the state from setting new execution dates as some inmates appeal to the U.S. Supreme Court.
The Arkansas Supreme Court issued an order Thursday denying a rehearing request by attorneys representing nine inmates who challenged the law that requires the Department of Correction to conceal the maker, seller and other information about the drugs. The inmates have argued the law could lead to cruel or unusual punishment and reneges on an earlier pledge by the state to share information.
The order also grants a request to delay putting the ruling into effect so the inmates can appeal the drug protocol to the U.S. Supreme Court.
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Family files lawsuit against hospital and city in death
Court Watch |
2016/07/19 10:05
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An attorney for a Florida man charged with fatally shooting a patient and employee at a hospital in an apparent random attack says his client is severely mentally ill.
Harley Gutin is an attorney for 29-year-old David Owens. He said Monday that his client is incompetent to stand trial.
Titusville, Florida, police say Owens entered Parrish Medical Center early Sunday and fatally shot 88-year-old patient Cynthia Zingsheim and employee Carrie Rouzer, who was sitting in Zingsheim's room. Owens has been charged with two counts of murder and is being held at the county jail.
Gutin says Owen's family had been trying desperately in recent weeks to get him long-term mental health care.
Gutin says he has no idea how Owens was able to get a gun.
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Philippine court clears Arroyo of plunder, orders her freed
Law Center |
2016/07/18 10:05
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The Philippine Supreme Court on Tuesday dismissed a plunder case against former President Gloria Macapagal Arroyo and ordered her freed immediately after nearly five years of hospital detention — a decision the grateful ex-leader indicated can help her deal with those who "through self-serving interpretation and implementation of the law" made her suffer.
The 15 justices voted 11-4 to grant Arroyo's petition seeking to dismiss the case before the special anti-graft Sandiganbayan court because of insufficient evidence, Supreme Court spokesman Theodore Te said. The case involved the alleged misuse of 366 million pesos ($7.8 million) from the state lottery agency, the Philippine Charity Sweepstakes Office.
Arroyo thanked the court "for finally stopping the persecution I had unjustly gone through the last five years" and President Rodrigo Duterte "for allowing due process to take its course."
She released a statement while still detained in the hospital, with the serving of the court's order for an immediate release apparently delayed by paperwork.
"It is my fervent hope that nobody else will suffer the persecution that had been levied on me through self-serving interpretation and implementation of the law," she said. "And that the disregard for truth for which I was made to suffer be dealt with accordingly at the soonest possible time."
Arroyo was detained under former President Benigno Aquino III, who accused her of corruption and misrule. Aquino's successor, Duterte, however, has said the plunder case against her was weak. She rejected his offer of a pardon because it would require that she be first convicted, preferring to fight the allegation.
Aquino has not commented on the court decision. But his former justice secretary and now Senator Leila de Lima said the Supreme Court seems to have assumed a role as a "trier of facts" in the case, supplanting the anti-graft court's assessment when it declared there was insufficient evidence of guilt.
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Lawyer: Clinton already answered every question on email use
Court Watch |
2016/07/15 10:05
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Hillary Clinton's lawyer told a federal judge Monday that the presumptive Democratic presidential nominee has already answered enough questions about her use of a private email server while serving as secretary of state.
David Kendall appeared at a hearing on whether a conservative legal group should be granted its request to interview Clinton under oath. The group, Judicial Watch, has filed multiple lawsuits seeking records related to Clinton's tenure as the nation's top diplomat from 2009 to 2013.
If allowed, a videotaped sworn deposition by Clinton would likely become fodder for attack ads in the presidential race. Republican officials have said repeatedly they plan to hammer the issue of her emails through the November election.
Kendall told U.S. District Court Judge Emmet G. Sullivan that Clinton has previously testified under oath before the congressional committee investigating the 2012 Benghazi attacks and was interviewed for hours as part of the FBI's recently closed criminal investigation. Both times Clinton said her choice to use a private server located in the basement of her New York home was motivated by convenience, not any attempt to thwart potential public-records requests.
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