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NY court agrees to rehear Ex-Goldman board member's appeal
Topics |
2016/02/05 13:44
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A federal appeals court in New York has agreed to rehear the appeal of the insider-trading conviction of a former board member for Goldman Sachs and Proctor & Gamble.
The 2nd U.S. Circuit Court of Appeals on Thursday issued an order saying it will rehear the claims of Rajat Gupta. His lawyers say his 2012 conviction on conspiracy and securities fraud charges should be tossed because he was innocent and the jury was improperly instructed.
His attorney Gary Naftalis says he is pleased with the court's ruling and believes there are meritorious issues to present on appeal.
The 57-year-old Gupta is confined to his Westport, Connecticut, home. He won't be formally finished serving a two-year prison sentence until next month.
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Oldest death row inmate in Georgia, age 72, is executed
Legal Focuses |
2016/02/04 13:44
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Georgia executed a 72-year-old man, its oldest death row inmate, early Wednesday for the killing of a convenience store manager during a robbery decades ago.
The state Department of Corrections says Brandon Astor Jones was pronounced dead at 12:46 a.m. Wednesday after a lethal injection at the state prison in Jackson. He was convicted in the shooting death of suburban Atlanta store manager Roger Tackett.
The punishment was delayed for several hours while the U.S. Supreme Court considered late appeals from Jones' attorneys. They asked the justices to block the execution for either of two reasons: because Jones was challenging Georgia's lethal injection secrecy law or because he said his death sentence was disproportionate to his crime.
Around 11 p.m. Tuesday, the court denied the requests for a stay.
According to evidence at his trial, Jones and another man, Van Roosevelt Solomon, were arrested at a Cobb County store by a policeman who had driven a stranded motorist there to use a pay phone about 1:45 a.m. on June 17, 1979. The officer knew the store usually closed at midnight and was suspicious when he saw a car out front with the driver's door open and lights still on in the store.
The officer saw Jones inside the store, prosecutors have said. He entered and drew his weapon after hearing four shots. He found Jones and Solomon just inside a storeroom door and took them into custody. Tackett's body was found inside the storeroom.
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Kansas considers giving governor more say in high court
Politics |
2016/02/03 13:44
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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.
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Ex-Attorney General McGraw files for Supreme Court race
Court Watch |
2016/02/01 13:45
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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.
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Supreme Court rejects appeal to outlaw death penalty
Law Firm News |
2016/01/30 13:45
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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.
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Court upholds government's energy conservation program
Lawyer News |
2016/01/20 13:45
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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. |
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