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Arkansas wants court to dissolve stay for death row prisoner
Legal Interview |
2018/03/23 14:21
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Lawyers for the state of Arkansas argued Friday that the state prison director has long had the power to determine a death row inmate's sanity and that now isn't the time to change the way it moves the prisoners closer to their executions.
The arguments came in the case of Jack Greene, whose November execution was halted by the Arkansas Supreme Court so it could review his attorneys' arguments that the state correction director, Wendy Kelley, should not be deciding whether he is competent enough to be executed.
Greene's lawyers say doctors have found Greene delusional but Kelley has chosen to rely on outdated assessments of Greene's mental health in determining whether he's eligible to be executed. Greene's lawyers also have argued that Kelley shouldn't be making the determination because her boss, Gov. Asa Hutchinson, sets execution dates.
In papers filed at the state Supreme Court on Friday, assistant attorney general Kathryn Henry wrote that states are entitled to set the guidelines for review, as long as there is a "basic fairness." She also claims that, under the Arkansas Constitution, Greene cannot sue Kelley.
While previous court decisions didn't define "basic fairness," the presumption is that an inmate who is sane at his trial is sane until his execution, Henry wrote. "Only after 'a substantial threshold showing of insanity'" can an inmate win a review — and that review can be "far less formal than a trial," she wrote.
Against his lawyers' advice, Greene has insisted in a number of venues that he is not insane. State lawyers say that is reason enough for justices to dissolve the stay that was issued shortly before Greene's scheduled execution last Nov. 9.
A week before the execution date, a circuit judge said she couldn't hold a hearing on Greene's competence because, under state law, Kelley had the "exclusive authority" to determine whether the inmate was sane enough to be executed. The Arkansas Supreme Court later voted 5-2 to issue a stay and take Greene's case for review, rejecting state arguments. |
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Supreme Court: Water rule suits should begin in trial courts
Legal Interview |
2018/01/21 17:02
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Opponents of an Obama administration rule aimed at protecting small streams and wetlands from development and pollution now know which courts should be hearing their lawsuits.
The Supreme Court ruled unanimously Monday that litigation over the rule should begin in the lowest level of federal courts, not in the federal courts of appeal. The rule has never taken effect because of lawsuits and is now under review by President Donald Trump's administration.
The 2015 rule sought to settle a debate over which waterways are covered under the Clean Water Act. The debate has dragged on for years and remained murky despite two Supreme Court rulings.
President Barack Obama's administration redefined "waters of the United States" protected under the act to include smaller creeks and wetlands.
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Ohio court indefinitely suspends law license of ex-judge
Legal Interview |
2017/12/28 11:24
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The Ohio Supreme Court has indefinitely suspended the law license of a former judge sentenced to two years in prison for assaulting his estranged wife inside a vehicle while their two young daughters sat in the back seat.
The court ruled unanimously Thursday that Lance Mason can only apply for reinstatement after meeting conditions including undergoing a mental health evaluation.
The court removed Mason from the Cuyahoga (ky-uh-HOH’-guh) County Common Pleas bench in 2015 after he pleaded guilty to attempted felonious assault and domestic violence.
Authorities say Mason struck and bit his wife, Aisha, while driving with her and their daughters in the Cleveland suburb of Shaker Heights in 2014.
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Court convicts British woman of smuggling powerful painkillers
Legal Interview |
2017/12/21 11:25
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A court in Egypt's Red Sea region has convicted a British woman of smuggling hundreds of powerful painkillers banned in the Arab country, sentencing her to three years in prison.
The woman, 33-year-old Laura Plummer from Hull, has maintained her innocence since her arrest in October on arrival from Britain at Hurghada, a Red Sea resort city. She has insisted the Tramadol tablets were for her Egyptian partner who suffers chronic back pain.
Tramadol is listed by Egyptian authorities as an illegal drug given its wide use as a heroin substitute.
Tuesday's conviction came as a surprise since the hearing was supposed to be taken up by the argument of the defense. The verdict can be appealed.
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German Court: Kuwait Airways Can Refuse Israeli Passengers
Legal Interview |
2017/11/16 13:41
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A German court ruled Thursday that Kuwait's national airline didn't have to transport an Israeli citizen because the carrier would face legal repercussions at home if it did.
The Frankfurt state court noted in its decision that Kuwait Airways is not allowed to have contracts with Israelis under Kuwaiti law because of the Middle Eastern country's boycott of Israel.
The court said it didn't evaluate whether "this law make sense," but that the airline risked repercussions that were "not reasonable" for violating it, such as fines or prison time for employees.
An Israeli citizen, who was identified in court papers as Adar M., a student living in Germany, sued Kuwait Airways after it canceled his booking for a flight from Frankfurt to Bangkok that included a stop-over in Kuwait City.
The cancellation came a few days before M.'s scheduled departure in August 2016 when he revealed he had an Israeli passport. The airline offered to book him on a nonstop flight to Bangkok with another carrier.
The man refused the offer and filed the lawsuit, seeking compensation for alleged discrimination. He also insisted the airline should have to accept him as a passenger.
The court rejected his discrimination claim ruling that German law covers discrimination based on race, ethnicity or religion, but not nationality.
Germany's Central Council of Jews condemned the ruling, calling it "unbearable that a foreign company operating based on deeply anti-Semitic national laws is allowed to be active in Germany."
Frankfurt Mayor Uwe Becker expressed a similar view. "An airline that practices discrimination and anti-Semitism by refusing to fly Israeli passengers should not be allowed to takeoff or land in Frankfurt," Becker said.
Courts in the United States and Switzerland previously have ruled in favor of plaintiffs in comparable cases, the German news agency dpa reported.
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