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Court in Va. examines death row isolation policy
Headline Legal News |
2014/10/28 14:39
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Virginia's practice of automatically holding death row inmates in solitary confinement will be reviewed by a federal appeals court in a case that experts say could have repercussions beyond the state's borders.
U.S. District Judge Leonie Brinkema in Alexandria ruled last year that around-the-clock isolation of condemned inmates is so onerous that the Virginia Department of Corrections must assess its necessity on a case-by-case basis. Failure to do so, she said, violates the inmates' due process rights.
The state appealed, arguing that the courts should defer to the judgment of prison officials on safety issues. A three-judge panel of the 4th U.S. Circuit Court of Appeals will hear arguments Tuesday.
The lawsuit was filed by Alfredo Prieto, who was on California's death row for raping and murdering a 15-year-old girl when a DNA sample connected him to the 1988 slayings of George Washington University students Rachel Raver and Warren Fulton III in Reston. He also was sentenced to death in Virginia, where he has spent most of the last six years alone in a 71-square-foot cell at the Sussex I State Prison.
Some capital punishment experts say a victory by Prieto could prompt similar lawsuits by death row inmates elsewhere.
"It gives them a road map," said northern Virginia defense attorney Jonathan Sheldon, who noted that the due process claim succeeded where allegations of cruel and unusual punishment have routinely failed. "It's not that common to challenge conditions of confinement on due process grounds." |
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Court justice suspended over role in porn scandal
Headline Legal News |
2014/10/22 15:20
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The Pennsylvania Supreme Court on Monday suspended one of its members over his participation in a state government pornographic email scandal that involved employees of the attorney general's office.
The court justices issued an order saying Justice Seamus McCaffery may not perform any judicial or administrative duties while the matter is reviewed by the Judicial Conduct Board, which investigates allegations of judicial misconduct.
The main order also noted allegations about McCaffery's actions related to a traffic citation received by his wife, who is a lawyer, and referral fees she obtained while working for him as an administrative assistant. It also noted he "may have attempted to exert influence over a judicial assignment" in Philadelphia.
The Judicial Conduct Board was given a month to determine whether there is probable cause to file a misconduct charge against McCaffery, a Philadelphia Democrat elected to the seven-member bench in 2007.
McCaffery's lawyer, Dion Rassias, said they were confident he will be cleared and will soon return to the bench.
The court's action followed disclosures last week by Chief Justice Ronald Castille, a Republican, that McCaffery had sent or received 234 emails with sexually explicit content or pornography from late 2008 to May 2012. McCaffery apologized, calling it a lapse in judgment, but blasted Castille for "a vindictive pattern of attacks" against him.
A third justice, Michael Eakin, also a Republican, on Friday went public with a claim McCaffery had threatened to leak "inappropriate" emails Eakin had received if he didn't side with McCaffery against Castille.
McCaffery denied threatening Eakin, who reported the matter to the Judicial Conduct Board. Neither Eakin nor McCaffery participated in the court's decision.
Castille was among the four justices voting to suspend McCaffery with pay, along with Max Baer, Corry Stevens and Thomas Saylor. Justice Debra Todd dissented, saying she would have referred the matter, including the question of suspension, to the Judicial Conduct Board.
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Aggressive Securities Arbitration Services
Court News |
2014/10/22 15:20
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Conway & Conway law firm, located in New York, are impassioned about
representing public customers and industry professionals all over the
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Founded in 1988, Conway & Conway has been a successful New York City
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At Conway & Conway, the firm's attorneys have the know-how to deal
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In the financial services industry, Conway & Conway gives exceptional
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Courts reject another Arizona immigration law
Headline Legal News |
2014/10/20 13:06
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Arizona's authority to confront its illegal immigration woes was again reined in Wednesday when a federal appeals court threw out a 2006 voter-approved law denying bail to people in the country illegally who are charged with certain crimes.
The decision by the 9th U.S. Circuit Court of Appeals follows other battles over the state's immigration policies, including rulings that struck down much of Arizona's landmark 2010 immigration enforcement law.
A small number of the state's immigration laws have been upheld, including a key section of its 2010 law that requires police to check people's immigration status under certain circumstances.
But the courts have slowly dismantled other laws that sought to draw local police into immigration enforcement as frustrations in the state grew over what critics said was inadequate border protection by the federal government. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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