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Supreme Court to consider Louisiana's non-unanimous juries
Law Firm News |
2019/03/18 16:15
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The Supreme Court will consider banning non-unanimous juries in criminal cases in Louisiana, the only state that still allows them.
The justices said Monday they will hear an appeal from a man who was convicted of second-degree murder by a jury's 10-2 vote. First-degree murder charges already require a unanimous jury to convict.
Oregon voters recently approved a state constitutional amendment that ended Oregon's use of divided juries to convict some criminal defendants.
The high court also is agreeing Monday to decide whether states can eliminate the so-called insanity defense for criminal defendants without violating the Constitution.
The appeal comes from a Kansas man who has been sentenced to death for killing his estranged wife, their two daughters and the wife's grandmother. The cases will be argued in the fall. |
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Dominion to ask Supreme Court to hear pipeline appeal
Law Firm News |
2019/02/28 11:13
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Dominion Energy said Tuesday it will ask the U.S. Supreme Court to hear its appeal after a lower court refused to reconsider a ruling tossing out a permit that would have allowed the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail.
Lead pipeline developer Dominion said it expects the filing of an appeal in the next 90 days. On Monday, the 4th U.S. Circuit Court of Appeals rejected a request for a full-court rehearing from Dominion and the U.S. Forest Service.
A three-judge panel ruled in December that the Forest Service lacks the authority to authorize the trail crossing and had "abdicated its responsibility to preserve national forest resources" when it approved the pipeline crossing the George Washington and Monongahela National Forests, as well as a right-of-way across the Appalachian Trial.
The 605-mile (974-kilometer) natural gas pipeline would originate in West Virginia and run through North Carolina and Virginia.
The appellate ruling came in a lawsuit filed by the Southern Environmental Law Center on behalf of the Sierra Club, Virginia Wilderness Committee and other environmental groups. The denial "sends the Atlantic Coast Pipeline back to the drawing board," the law center and Sierra Club said in a joint statement on Monday. |
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Court upholds car rental tax imposed in Maricopa County
Law Firm News |
2019/02/26 02:02
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The Arizona Supreme Court on Monday upheld a car rental tax surcharge that’s imposed in Maricopa County to pay for building a professional football stadium and other sports and recreational facilities, marking the second time an appeals court has ruled the tax is legal.
Car rental companies had challenged the surcharge on the grounds that it violated a section of the Arizona Constitution that requires revenues relating to the operation of vehicles to be spent on public highways.
A lower-court judge had ruled in favor of the rental companies four years, saying the surcharge violated the constitutional provision and ordering a refund of the tax estimated at about $150 million to the companies.
But the Arizona Court of Appeals reversed the decision last spring. The Arizona Supreme Court on Monday echoed the Court of Appeals’ ruling.
The surcharge partially funds the Arizona Sports and Tourism Authority, an agency that uses the money to help pay off bonds for the stadium in Glendale where the Arizona Cardinals play, along with baseball spring training venues and youth sports facilities. The rest of the authority’s revenue comes from a hotel bed tax and payments for facilities usage.
The surcharge is charged on car rental companies, but the costs are passed along to customers.
Attorney Shawn Aiken, who represented Saban Rent-A-Car Inc. in the case, said in a statement that the challengers will evaluate in the coming weeks whether to ask the U.S. Supreme Court to consider the case. |
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High court upholds texting suicide manslaughter conviction
Law Firm News |
2019/02/06 10:54
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The involuntary manslaughter conviction of a young woman who encouraged her boyfriend through dozens of text messages to kill himself was upheld Wednesday by Massachusetts' highest court.
The Supreme Judicial Court agreed with a lower court judge who found that Michelle Carter caused Conrad Roy III's death when she told him to "get back in" his truck that was filling with toxic gas after he told her he was scared. The judge said Carter had a duty to call the police or Roy's family when she knew he was killing himself.
"And then after she convinced him to get back into the carbon monoxide filled truck, she did absolutely nothing to help him: she did not call for help or tell him to get out of the truck as she listened to him choke and die," Justice Scott Kafker wrote in the Supreme Judicial Court's ruling.
Carter's lawyers noted the only evidence she instructed Roy to get back in the truck was a long, rambling text she sent to a friend two months later in which she called Roy's death her fault.
Carter was 17 when Roy, 18, was found dead of carbon monoxide poisoning in July 2014. Carter, now 22, was sentenced to 15 months in jail, but has remained free while she pursues her appeals.
Prosecutors had argued Carter could have stopped Roy from killing himself, but instead bullied him into going through with his plan through text messages that became more insistent as he delayed.
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Chinese court orders new trial for Canadian in drug case
Law Firm News |
2019/01/01 11:39
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A Canadian convicted of drug trafficking in China faces the possibility of more serious charges after a court on Saturday ordered a new trial amid tensions over Canada’s arrest of a Chinese technology executive.
Robert Lloyd Schellenberg was tried in 2016. But his case has been publicized by the Chinese press following the Dec. 1 arrest of the chief financial officer of tech giant Huawei on U.S. charges related to trading with Iran.
Since then, China has arrested two Canadians on charges of endangering national security in what appeared to be retaliation. A Canadian teacher was detained but released.
An appeals court agreed with prosecutors who said Schellenberg was punished too leniently when he was sentenced to 15 years in prison on charges of being an accessory to drug smuggling.
Evidence showed it was possible he played an “important role,” said the announcement by the Higher People’s Court of the northeastern province of Liaoning. It ordered the court in the city of Dalian to try the case again. |
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Court to review murder convictions in husband's beating
Law Firm News |
2019/01/01 11:38
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A North Carolina appeals court has scheduled a January hearing for a father and daughter challenging their murder convictions in the beating death of the woman's husband.
The Winston-Salem Journal reports that a three-judge panel of the North Carolina Court of Appeals will hear oral arguments on Jan. 31 for Molly Corbett and Thomas Martens' requests to throw out their convictions.
In 2017, Corbett and Martens were convicted of second-degree murder in the beating death of businessman Jason Corbett.
Molly Corbett and Martens, her father and a former FBI agent, both were sentenced to 20 to 25 years in prison.
Defense attorneys argued their clients acted in self-defense and feared for their lives during a struggle with the husband. In court papers, prosecutors say those self-defense claims are a "fantasy."
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