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Kansas considers giving governor more say in high court
Politics | 2016/02/03 13:44
Kansas lawmakers are considering giving the governor more authority over who is appointed to the state Supreme Court, which has been under increasing attacks by conservatives who say it is too liberal.

A proposed constitutional amendment to change the system received first-round approval in the House on Wednesday and advances to final action today. It needs approval from two-thirds of House members to advance to the Senate.

With major cases on school funding and abortion restrictions now pending before the high court, Republican Gov. Sam Brownback and his allies are seeking to change its makeup. Last year, Brownback openly campaigned against the retention of two state Supreme Court justices.

The state's high court judges are chosen by five attorneys and four representatives selected by the governor. The nonpartisan committee then chooses three finalists, with the governor making the final selection. A proposed constitutional amendment would change the system so that the governor would nominate justices, who would then be approved for the court by a majority of the Senate.

During debate Wednesday, opponents argued the move is drastic. Supporters argued that the current process is undemocratic.




Ex-Attorney General McGraw files for Supreme Court race
Court Watch | 2016/02/01 13:45
Former state Attorney General Darrell McGraw wants one of his old jobs back.

According to the West Virginia secretary of state's website, the 79-year-old McGraw filed on Saturday to run for the state Supreme Court.

McGraw spent one term on the court from 1976-1988 and served five terms as attorney general. He lost the 2012 attorney general's race as the Democratic incumbent to Republican Patrick Morrisey.

The Supreme Court election will be nonpartisan for the first time in 2016. The election will be held during the May primary.

Incumbent Justice Brent Benjamin is seeking re-election. Others who have filed for the race are Wayne King, Beth Walker and Bill Wooton.

McGraw's brother, Warren McGraw, previously served on the Supreme Court.



Supreme Court rejects appeal to outlaw death penalty
Law Firm News | 2016/01/30 13:45
The Supreme Court is rejecting a Pennsylvania inmate's appeal to consider banning the death penalty across the United States.

The justices did not comment Monday in turning away a challenge from death row inmate Shonda Walter.

Walter's appeal plays off Justice Stephen Breyer's call in an impassioned dissent in June to re-evaluate the death penalty in light of problems involving its imposition and use.

Breyer renewed his plea last week when he was the lone justice willing to give a last-minute reprieve to an Alabama death row inmate who was later put to death.



Court upholds government's energy conservation program
Lawyer News | 2016/01/20 13:45
The Supreme Court has upheld a 4-year-old federal program that pays large electric customers to save energy during times of peak demand.

The justices ruled 6-2 on Monday that the Federal Energy Regulatory Commission had the authority to issue directives aimed at conserving energy and preventing blackouts.

The ruling is a win for the Obama administration, environmental groups and other supporters who said the plan saved billions in energy costs, improved reliability of the power grid and reduced air pollution since it was put in place in 2011. Utility companies challenging the rule argued it was too generous and trampled state rights over retail electricity sales.

A federal appeals court ruled 2-1 last year that the plan intrudes on state power over retail electricity sales.


Jeffrey Dahmer's lawyer suspended by Supreme Court
Headline News | 2015/12/24 16:53
The Wisconsin Supreme Court on Wednesday suspended serial killer Jeffrey Dahmer's attorney for two months over a series of ethics violations tied largely to an attempt to help a client recover money spent on fake John Lennon memorabilia.

The justices also ordered Gerald Boyle to take courses in law office management and to pay $24,900 to cover the costs of the disciplinary proceedings against him.

Boyle rose to prominence in southeastern Wisconsin law circles after he defended Dahmer. The serial killer was sentenced to life in prison after confessing to 17 murders. Another inmate killed Dahmer in 1994. Boyle also gained fame for defending former Green Bay Packers star Mark Chmura against sexual assault charges. Chmura was ultimately acquitted in 2001.

Boyle didn't immediately return a voicemail left Wednesday at his Milwaukee office.

According to court documents, the state Office of Lawyer Regulation brought six misconduct counts against Boyle last year. Five counts were connected to a man who paid out-of-state galleries tens of thousands of dollars for a microphone Lennon had used and sketches the Beatles front man had drawn.

The man, identified only as D.P. in the documents, hired Boyle to represent him in efforts to recover his money after he learned the memorabilia was fake.

Boyle improperly deposited $65,000 in advance fees from D.P. in his office's operational account rather than in a client trust fund, according to court documents. The attorney also failed to prepare written fee agreements or explain in writing the basis for the fees.



Court turns down appeal for Harvey family killer
Court Watch | 2015/12/23 16:53
A federal appeals court won't rehear the case of a man sentenced to death in the New Year's Day 2006 slaying of a Richmond family.
 
Lawyers for Ricky Jovan Gray had asked the 15-member U.S. Circuit Court of Appeals to rehear claims that were rejected by a three-judge panel two weeks ago. The court rejected Gray's request on Tuesday.

Rob Lee, an attorney for Gray, says he now intends to ask the U.S. Supreme Court to review the case.

Gray was convicted in the slayings of Bryan and Kathryn Harvey and their daughters, 9-year-old Stella and 4-year-old Ruby.

The 38-year-old claims his trial attorneys failed to present evidence that might have cast doubts on his confession and by not telling jurors that he was high on PCP during the murders.


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