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Virginia top court to hear 'unrestorably incompetent' case
Legal Interview |
2018/10/23 11:06
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More than 13 years after a 16-year-old girl was found raped and murdered, the case of the man whose DNA was found at the scene is heading to the Virginia Supreme Court.
The Richmond Times-Dispatch reports 46-year-old Oswaldo Elias Martinez has never stood trial in Brittany Binger's 2005 death. Deemed incompetent because he can't speak or hear, he's been held in jail and mental hospitals.
Martinez's lawyers want his capital murder charge dismissed. Their filing says the state law used to hold him permits detention only for "medical" treatment to restore competency.
The state tried to teach Martinez sign language to assist in his defense. Commonwealth's Attorney Nate Green says someone "unrestorably incompetent" who's charged with capital murder and poses a danger must continue along the restoration process. |
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New campaign seeks support for expanded Supreme Court
Legal Interview |
2018/10/13 09:42
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A couple of liberal Harvard law professors are lending their name to a new campaign to build support for expanding the Supreme Court by four justices in 2021.
The campaign, calling itself the 1.20.21 Project and being launched Wednesday, also wants to increase the size of the lower federal courts to counteract what it terms "Republican obstruction, theft and procedural abuse" of the federal judiciary. This includes the recent near party-line confirmation of Justice Brett Kavanaugh that cemented a conservative majority on the Supreme Court.
It is premised on Democratic victories in next month's elections and the 2020 presidential contest that could leave Democrats in charge of Congress and the White House in 2021, a possibility but by no means a sure thing. Additional justices nominated by a Democrat could change the court's ideological direction.
Harvard professors Mark Tushnet and Laurence Tribe are joining an effort being led by political scientist Aaron Belkin. He was a prominent advocate for repealing the "don't ask, don't tell" policy that prohibited LGBT people from serving openly in the military.
The Kavanaugh confirmation was the culmination of a process that started with Republicans blocking many of President Barack Obama's nominees to lower courts and then refusing to consider his Supreme Court nomination of Judge Merrick Garland in 2016, Belkin said. President Donald Trump's victory in November 2016 allowed him to fill the high court vacancy with Justice Neil Gorsuch. |
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Sotomayor tells kids: Reading helped me reach Supreme Court
Legal Interview |
2018/09/17 12:54
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Justice Sonia Sotomayor says reading helped her reach the Supreme Court.
Sotomayor on Sunday celebrated the release of her two children's books by speaking to parents and children at the Newark Public Library in New Jersey.
The Star-Ledger of Newark reports she said she never dreamed she would become a Supreme Court justice because she didn't know what one was when she was a child. She says her mother made sure books were part of her upbringing.
Sotomayor's books, "Turning Pages: My Life Story" and "The Beloved World of Sonia Sotomayor!" examine how her family and her determination moved her through life.
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EU backs ICC after US questions court's legitimacy
Legal Interview |
2018/09/13 12:52
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The European Union's top diplomat says the bloc remains a staunch supporter of the International Criminal Court despite U.S. condemnation of the tribunal.
EU foreign policy chief Federica Mogherini said Thursday that "we will continue to fully and strongly support the ICC and its work."
The Hague-based court was created in 2002 to prosecute war crimes, crimes against humanity and genocide in areas where perpetrators might not otherwise face justice.
Mogherini said the ICC "has strengthened universal justice beyond power politics and beyond geopolitical interests," and added that "accountability is essential to build the foundations for peace."
U.S. National security adviser John Bolton denounced the ICC earlier this week just as a judge weighs whether to investigate allegations of war crimes against U.S. and Afghan personnel in Afghanistan since 2003. |
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Cities vying for 2020 convention court Democrats in Chicago
Legal Interview |
2018/08/26 00:04
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The three cities vying to host the 2020 Democratic convention are courting party leaders and activists at their summer meeting in Chicago.
Houston, Miami and Milwaukee are the finalists. A selection committee has been visiting the potential sites. A decision is expected early next year.
Miami gave people attending the Democratic National Committee meeting a taste of Chicago's waterfront offerings by renting out a boat docked at Navy Pier for its party.
Milwaukee's gathering featured an appearance by onetime Milwaukee Bucks basketball star Kareem Abdul-Jabbar. The city has suggested the Bucks' new arena as the convention's venue.
Gospel singer Yolanda Adams highlighted Houston's party. Houston also scattered promotions throughout the DNC's meeting hotel, including Texas-shaped decals on the carpet and bar tabletops. |
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