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Kansas court avoids ruling on execution for student's death
Court Watch | 2018/06/14 12:06
The Kansas Supreme Court has postponed a decision on whether the state can execute a man convicted of kidnapping, raping and strangling a 19-year-old college student.

The high court on Friday upheld the capital murder conviction of Justin Eugene Thurber but returned his case to a lower court for another review of whether he's developmentally disabled.

The U.S. Supreme Court has deemed it unconstitutional to execute defendants with even mild developmental disabilities.

Thurber was sentenced to lethal injection for the January 2007 killing of Jodi Sanderholm. She was a pre-pharmacy student and dance team member at Cowley College.

The trial judge rejected the defense's request for a hearing on whether Thurber is developmentally disabled, ruling that the defense hadn't presented enough evidence to warrant it.



NY high court nixes Trump's bid to delay defamation suit
Headline Legal News | 2018/06/14 12:06
New York's highest court on Thursday turned down President Donald Trump's latest bid to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing.

The ruling by the state Court of Appeals didn't address either side's central arguments. But it means evidence-gathering in Summer Zervos' lawsuit can proceed, at least for now.

Zervos' lawyer, Mariann Wang, said she looks forward to continuing with the case "and exposing the truth."

Trump, who denies Zervos' allegations, is trying to get the case dismissed or postponed until after his presidency. A mid-level appellate court is due to consider that request in the fall.

Trump's lawyers at Kasowitz Benson Torres LLP noted that Thursday's ruling didn't speak to their argument for tossing out the case: That a sitting president can't be sued in a state court.

Instead, the Court of Appeals said the case was simply in too early a stage for its consideration.

Zervos, a California restaurateur, appeared in 2006 on the Republican president's former reality show, "The Apprentice."

She says he made unwanted advances when she sought career advice in 2007, then defamed her by calling her a liar after she came forward late in his 2016 presidential race. She is seeking a retraction, an apology and compensatory and punitive damages.


Egypt refers 28 to criminal court for forming illegal group
Court Watch | 2018/06/11 02:04
Egypt's chief prosecutor has referred 28 people to a criminal court on charges including forming an illegal group aiming to topple the government.

Sunday's statement by prosecutor Nabil Sadek says the suspects face an array of additional charges, including inciting violence and disseminating false news.

The statement says the suspects formed an illegal group, "The Egyptian Council for Change," to incite against the state and its institutions.

It says only nine of the 28 suspects are in custody. No date has been set for the trial. Egypt has intensified a long-running crackdown on dissent since President Abdel-Fattah el-Sissi's re-election in March.

The arrests are part of a wider crackdown on dissent since the 2013 military ouster of an elected Islamist president following mass protests against his one-year divisive rule.



Court: Compliance reached in education funding case
Headline Legal News | 2018/06/10 12:03
A long-running court case over the adequacy of education funding in Washington state has ended, with the state Supreme Court on Thursday lifting its jurisdiction over the case and dropping daily sanctions after the Legislature funneled billions more dollars into public schools.

The court's unanimous order came in response to lawmakers passing a supplemental budget earlier this year that the justices said was the final step needed to reach compliance with a 2012 state Supreme Court ruling that found that K-12 school funding was inadequate. Washington's Constitution states that it is the Legislature's "paramount duty" to fully fund the education system. The resolution of the landmark case in Washington state comes as other states like Arizona, Oklahoma and Kentucky are now responding to calls for more money to be allocated to education.

The state had been in contempt of court since 2014 for lack of progress on that ruling, and daily sanctions of $100,000 — allocated specifically for education spending— had been accruing since August 2015.

"Reversing decades of underfunding has been among the heaviest lifts we've faced in recent years and required difficult and complex decisions, but I'm incredibly proud and grateful for all those who came together on a bipartisan basis to get this job done," Washington Gov. Jay Inslee said in a written statement.

Over the past few years, lawmakers had put significantly more money toward education costs like student transportation and classroom supplies, but the biggest piece they needed to tackle to reach full compliance was figuring out how much the state must provide for teacher salaries. School districts had paid a big chunk of those salaries with local property-tax levies, something the court said had to be remedied.

In November, the court said a plan passed by the Legislature last year — which included a statewide property tax increase earmarked for education — satisfied its earlier ruling, but justices took issue with the fact that the teacher salary component of the plan wasn't fully funded until September 2019. This year, lawmakers expedited that timeframe to Sept. 1, 2018.

Democratic House Majority Leader Pat Sullivan said that the court's order was a relief, though he noted that legislative debates over education funding aren't over. Sullivan said there is more work to be done on areas like special education, as well as recruiting and retaining teachers.


Kansas Supreme Court sends DNA request back to lower court
Headline Legal News | 2018/06/09 12:03
The Kansas Supreme Court has remanded a convicted man's request for DNA testing back to Leavenworth County District Court for further review.

The court on Friday reversed earlier rulings by a district judge and the Kansas Court of Appeals that denied the request from 39-year-old Gregory Mark George Jr., who is serving time for rape, aggravated robbery and aggravated intimidation of a witness.

The Leavenworth Times reports George was convicted of raping a clerk during a robbery at a Lansing convenience store in 2004.

In 2013, George filed a petition for DNA testing of hairs that were collected as part of his case but were never tested.

The state Supreme Court ruling asks a district judge to determine whether the requested testing might produce evidence that could help exonerate George.


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