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Court filings provide additional details of the US’ first nitrogen gas execution
Legal Business |
2024/08/01 18:16
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A corrections officer who helped carry out the nation’s first nitrogen gas execution said in a court document that the inmate had normal blood oxygen levels for longer than he expected before the numbers suddenly plummeted.
Another court document indicated that the nitrogen gas was flowing for at least 10 minutes during the execution. The documents filed last month in ongoing litigation provided additional details of the execution of Kenneth Smith, who was the first person put to death using nitrogen gas.
Alabama Attorney General Steve Marshall’s office maintains the high oxygen readings indicate that Smith held his breath as the nitrogen gas flowed, causing the execution to take longer than expected. But attorneys for another inmate said the state has no proof to back up that claim and is trying to “explain away” an execution that went horribly awry.
As the state of Alabama plans additional nitrogen gas executions, questions and disagreements continue over what happened at the first one. A federal judge on Tuesday will hear arguments in a request to block the state from executing Alan Miller by nitrogen gas in September in what would be the nation’s second nitrogen execution.
Media witnesses to Smith’s execution, including The Associated Press, said that Smith shook on the gurney for several minutes before taking a series of gasping breaths. Alabama had assured a federal judge before the execution that the new execution method would quickly cause unconsciousness and death.
A pulse oximeter showed that Smith had oxygen levels of 97% to 98% for a “period of time that was longer than I had expected,” the corrections captain said in a sworn statement. The corrections captain said he did not observe Smith make any violent or convulsive movements, but he did tense up and raise his body off the gurney. After “he released a deep breath,” the oxygen levels began dropping, the corrections captain said.
“The best explanation of the testimony is that Smith held his breath and lost consciousness when he breathed nitrogen gas — not that the mask did not fit or that the nitrogen was impure,” the Alabama attorney general’s office wrote in a court filing.
Attorneys for Miller responded that the state has no evidence to back up that claim and said it would be impossible for someone to hold their breath for as long as the execution took. Instead, they suggested other problems with the mask accounted for the delay.
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Biden unveils a proposal to establish term limits for the Supreme Court
Legal Interview |
2024/07/28 18:15
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President Joe Biden has unveiled a long-awaited proposal for changes at the U.S. Supreme Court, calling on Congress to establish term limits and an enforceable ethics code for the court’s nine justices. He’s also pressing lawmakers to ratify a constitutional amendment limiting presidential immunity.
The White House on Monday detailed the contours of Biden’s court proposal, one that appears to have little chance of being approved by a closely divided Congress with just 99 days to go before Election Day.
Still, Democrats hope it’ll help focus voters as they consider their choices in a tight election. The likely Democratic nominee, Vice President Kamala Harris, who has sought to frame her race against Republican ex-President Donald Trump as “a choice between freedom and chaos,” quickly endorsed the Biden proposal. She added that the changes are needed because “there is a clear crisis of confidence facing the Supreme Court.”
The White House is looking to tap into the growing outrage among Democrats about the court, which has a 6-3 conservative majority, issuing opinions that overturned landmark decisions on abortion rights and federal regulatory powers that stood for decades.
Liberals also have expressed dismay over revelations about what they say are questionable relationships and decisions by some members of the conservative wing of the court that suggest their impartiality is compromised.
“I have great respect for our institutions and separation of powers,” Biden argues in a Washington Post op-ed published Monday. “What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.”
Harris later issued a statement saying the American people must have confidence in a Supreme Court blighted by ethics scandals and decisions overturning long-standing precedent. She said the reforms being proposed “will help to restore confidence in the Court, strengthen our democracy, and ensure no one is above the law.”
The president planned to speak about his proposal later Monday during an address at the LBJ Presidential Library in Austin, Texas, to mark the 60th anniversary of the Civil Rights Act.
Biden is calling for doing away with lifetime appointments to the court. He says Congress should pass legislation to establish a system in which the sitting president would appoint a justice every two years to spend 18 years in service on the court. He argues term limits would help ensure that court membership changes with some regularity and adds a measure of predictability to the nomination process.
He also wants Congress to pass legislation establishing a court code of ethics that would require justices to disclose gifts, refrain from public political activity and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. |
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Arkansas court orders state to count signatures collected by volunteers
Court News |
2024/07/25 18:15
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The Arkansas Supreme Court on Tuesday night ordered the state to begin counting signatures submitted in favor of putting an abortion-rights measure on the ballot — but only ones collected by volunteers for the proposal’s campaign.
The one-page order from the majority-conservative court left uncertainty about the future of the proposed ballot measure. Justices stopped short of ruling on whether to allow a lawsuit challenging the state’s rejection of petitions for the measure to go forward.
The court gave the state until 9 a.m. Monday to perform an initial count of the signatures from volunteers.
Election officials on July 10 said Arkansans for Limited Government, the group behind the measure, did not properly submit documentation regarding signature gatherers it hired.
The group disputed that assertion, saying the documents submitted complied with the law and that it should have been given more time to provide any additional documents needed. Arkansans for Limited Government sued over the rejection, and the state asked the Supreme Court to dismiss the lawsuit.
Had they all been verified, the more than 101,000 signatures, submitted on the state’s July 5 deadline, would have been enough to qualify for the ballot. The threshold was 90,704 signatures from registered voters, and from a minimum of 50 counties.
“We are heartened by this outcome, which honors the constitutional rights of Arkansans to participate in direct democracy, the voices of 101,000 Arkansas voters who signed the petition, and the work of hundreds of volunteers across the state who poured themselves into this effort,” the group said in a statement Tuesday night.
Attorney General Tim Griffin said Wednesday morning he was pleased with the order.
“(Arkansans for Limited Government) failed to meet all legal requirements to have the signatures collected by paid canvassers counted, a failure for which they only have themselves to blame,” Griffin said in a statement.
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UAE hands 57 Bangladeshis long-term jail terms for protests
Topics in Legal News |
2024/07/22 13:05
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A court in the United Arab Emirates sentenced dozens of Bangladeshi nationals to prison, including three for life imprisonment, over protests against their home government in the Gulf country, state media reported Monday.
The Abu Dhabi Federal Court of Appeal on Sunday handed 10-year prison sentences to 53 Bangladeshi nationals and an 11-year term to another Bangladeshi national, in addition to the three life imprisonments, according to the state-owned Emirates News Agency, WAM. The court ordered the deportation of the Bangladeshis from the UAE following their prison terms.
“The court heard a witness who confirmed that the defendants gathered and organised large-scale marches in several streets of the UAE in protest against decisions made by the Bangladeshi government,” WAM reported.
On Saturday, authorities in the United Arab Emirates ordered an investigation and an expedited trial of the arrested Bangladeshi nationals. The protests in the UAE followed weeks of demonstrations in Bangladesh by people upset about a quota system that reserved up to 30% of government jobs for relatives of veterans who fought in Bangladesh’s war of independence in 1971. The country’s top court on Sunday scaled back the controversial system, in a partial victory for the mostly student protesters.
The UAE’s attorney general’s office on Saturday indicted the Bangladeshis on several charges, including “gathering in a public place and protesting against their home government with the intent to incite unrest,” obstructing law enforcement, causing harm to others and damaging property, according to WAM.
Bangladeshi nationals make up the UAE’s third-largest expatriate community. Many of them are low-paid laborers seeking to send money back home to their families. The Emirates’ overall population of more than 9.2 million is only 10% Emirati.
Political parties and labor unions are banned in the UAE, a federation of seven sheikhdoms. Broad laws severely restrict freedom of speech and almost all major local media are either state-owned or state-affiliated outlets.
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Court grants Texas man a stay of execution just before his scheduled lethal injection
Court Watch |
2024/07/17 12:21
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The U.S. Supreme Court granted a stay of execution for a Texas man 20 minutes before he was to receive a lethal injection Tuesday evening. The inmate has long maintained DNA testing would help prove he wasn’t responsible for the fatal stabbing of an 85-year-old woman during a home robbery decades ago.
The nation’s high court issued the indefinite stay shortly before inmate Ruben Gutierrez was to have been taken to the death chamber of a Huntsville prison.
Gutierrez was condemned for the 1998 killing of Escolastica Harrison at her home in Brownsville in Texas’ southern tip. Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of her mistrust of banks.
Gutierrez has sought DNA testing that he claims would help prove he had no role in her death. His attorneys have said there’s no physical or forensic evidence connecting him to the killing. Two others also were charged in the case.
The high court’s brief order, released about 5:40 p.m. CDT, said its stay of execution would remain in effect until the justices decide whether they should review his appeal request. If the court denies the request, the execution reprieve would automatically be lifted.
Gutierrez, who had been set to die after 6 p.m. CDT, was in a holding cell near the death chamber when prison warden Kelly Strong advised him of the court’s intervention.
“He was visibly emotional,” prison spokeswoman Amanda Hernandez said, adding he was not expecting the court stay. “We asked him if he wanted to make a statement but he needed a minute.”
“He turned around to the back of the cell, covered his mouth. He was tearing up, speechless. He was shocked.”
She said Gutierrez then prayed with a prison chaplain and added: “God is great!”
Gutierrez has had several previous execution dates in recent years that have been delayed, including over issues related to having a spiritual adviser in the death chamber. In June 2020, Gutierrez was about an hour away from execution when he got a stay from the Supreme Court.
In the most recent appeal, Gutierrez’s attorneys had asked the Supreme Court to intervene, arguing Texas has denied his right under state law to post-conviction DNA testing that would show he would not have been eligible for the death penalty. |
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