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Supreme Court refuses to halt execution of Ga. man
Court Watch News | 2015/01/30 09:41
The Supreme Court has refused to halt the execution of a Georgia man whose lawyers say he is ineligible to be executed because he is intellectually disabled. Warren Lee Hill's lawyers argue he shouldn't be executed because he is intellectually disabled.
The justices on Tuesday turned away a last-minute plea from Warren Lee Hill. He is scheduled to be executed at 7 p.m. at the state prison in Jackson, Georgia.

Different courts have intervened with temporary reprieves at the last minute on three previous occasions. Justices Stephen Breyer and Sonia Sotomayor said they would have granted Hill another reprieve.

State and federal courts had already rejected his filings this time around, and the State Board of Pardons and Paroles —the only entity authorized to commute his sentence to life in prison — denied him clemency Tuesday. Hill has filings pending before the U.S. Supreme Court, which is now the only potential barrier between him and a lethal injection of the drug pentobarbital.

"The clemency board missed an opportunity to right a grave wrong," Brian Kammer, a lawyer for Hill, said in an emailed statement Tuesday. "It is now up to the U.S. Supreme Court to ensure that an unconstitutional execution of a man with lifelong intellectual disability is prevented."

Hill was sentenced to serve life in prison for the 1986 killing of his 18-year-old girlfriend, who was shot 11 times. While serving that sentence, he beat a fellow inmate, Joseph Handspike, to death using a nail-studded board. A jury in 1991 convicted Hill of murder and sentenced him to death.


EU appeals Hamas court ruling taking group off terror list
Lawyer News | 2015/01/19 14:46
The European Union foreign policy chief says the bloc is launching an appeal against last month's EU court ruling that ordered the Palestinian group Hamas removed from its terror list for technical reasons.

Federica Mogherini said Monday the council of ministers will challenge some of the court's finding and consider future action to avoid similar annulments.

Hamas was put on the EU terrorist list as part of broader measures to fight terrorism in the wake of the Sept. 11 attacks and its funds were frozen. Hamas has long contested the classification.

An EU high court on Dec. 17 said the reason for listing it was based too much on media and Internet reports, and not enough on acts examined by competent authorities.


Arizona sheriff could face civil contempt hearing in court
Court Watch News | 2015/01/19 14:39
An Arizona sheriff could face a civil contempt hearing in federal court for his office's repeated violations of orders issued in a racial-profiling case.

U.S. District Judge Murray Snow held a telephonic conference Thursday and told Maricopa County Sheriff Joe Arpaio's attorneys that the six-term sheriff may face an April 21-24 hearing.

But a top lawyer with the Arizona chapter of the American Civil Liberties Union said Friday that Snow stopped short of officially ordering the hearing. The judge has given both sides until Jan. 23 to file additional paperwork.

At a Dec. 4 hearing, Snow sent strong signals that he intended to pursue contempt cases that could expose Arpaio to fines and perhaps jail time.

Lawyers for the sheriff didn't immediately return calls for comment on the possible civil contempt hearing.

Dan Pochoda, senior counsel for the Arizona ACLU, said Friday that Arpaio's office could face sanctions or fines for not following court orders and "fines to deter future bad acts and fines to compensate anyone permanently harmed" in the racial-profiling cases.


Court won't hear free speech challenge to metals dealers law
Press Release | 2015/01/12 16:28
The Supreme Court won't consider the constitutionality of an Ohio law that bars precious metals dealers from advertising without a license.

The justices on Monday declined to take up an appeal from Liberty Coins, a gold and silver dealer that claims the law violates the free speech rights of businesses.

Ohio officials say the 1996 law was enacted to protect consumers from theft and help police track down stolen wedding rings, gold bracelets and other items resold at stores that buy gold and silver merchandise.

A federal judge in 2012 ruled the law unconstitutional because the state failed to prove the license requirement was effective in curbing theft, fraud and terrorism. But the 6th U.S. Circuit Court of Appeals reversed that ruling last year.


High court won't hear challenge to Vermont campaign law
Court Watch News | 2015/01/12 16:28
The Supreme Court won't hear a challenge to part of Vermont's campaign finance laws that impose contribution limits on political action committees.

The justices on Monday declined to hear an appeal from the Vermont Right to Life Committee, an anti-abortion group. The group argued that Vermont's campaign finance registration, reporting and disclosure requirements for PACs were too broad and unconstitutional.

The group argued that a subcommittee it created should not be subject to Vermont's $2,000 limit on contributions to PACs because the subcommittee does not give money directly to candidates and makes only independent expenditures.

But a federal judge rejected those arguments, finding that there was no clear accounting between the two committees. A federal appeals court agreed.


Fate of thousands at stake in Massachusetts court arguments
Industry News | 2015/01/08 13:24
The highest court in Massachusetts is hearing arguments in a case that could determine the fate of thousands of people convicted of drug crimes based on tainted evidence.

The American Civil Liberties Union says many of those affected are afraid to vacate their guilty plea and seek a new trial because they can be prosecuted for crimes dropped when they entered their plea deal.

The ACLU will argue Thursday morning that the Massachusetts Supreme Judicial Court should declare that any defendant who seeks a new trial cannot be convicted of a more serious offense or given a longer sentence.

The case comes after former state drug lab chemist Annie Dookhan admitted she faked test results and tampered with evidence.

Dookhan was sentenced to at least three years in prison in 2013.


Nebraska court could hold up Keystone pipeline
Headline Court News | 2015/01/08 13:24
The Republican-led Congress appears ready to approve the Keystone XL oil pipeline, but no matter what actions are taken in Washington, the entire 1,179-mile project could be delayed until Nebraska signs off on the route.

After several years of intense debate, the routing process is before the Nebraska Supreme Court, and depending on how the justices rule, months or years could pass before construction begins in that state.

Even if approval comes from Washington and the high court, opponents are looking for new ways to block the project, including filing a federal lawsuit on behalf of Native American tribes in Nebraska and South Dakota over the possible disruption of Indian artifacts.

The court is considering whether an obscure agency known as the Nebraska Public Service Commission must review the pipeline before it can cross the state, one of six on the pipeline's route. Gov. Dave Heineman gave the green light in 2013 without the involvement of the panel, which normally regulates telephones, taxis and grain bins.

The justices have given no indication when they will render a decision.

President Barack Obama has said he is waiting for the court's decision, and the White House on Tuesday threatened to veto the bill in what was expected to be the first of many confrontations with the new Congress over energy and environmental policy.


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