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High court rejects Ohio killer's last-minute plea
Legal Focuses |
2014/01/16 15:16
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The state made preparations on Wednesday to use a never-tried lethal drug combination to put a man to death for the slaying of a pregnant woman that went unsolved until he inadvertently helped authorities, and the U.S. Supreme Court refused to block the execution.
Dennis McGuire, jailed on an unrelated assault charge, told investigators he had information about the woman's Feb. 12, 1989, death. His attempts to blame the crime on his brother-in-law quickly unraveled, and soon he was accused of being Joy Stewart's killer, prosecutors said. More than a decade later, DNA evidence confirmed McGuire's guilt, and he acknowledged that he was responsible in a letter to Gov. John Kasich last month.
The state planned to execute McGuire on Thursday with a new process adopted after supplies of its previous drug dried up when the manufacturer put it off limits for capital punishment. The two-drug combination has never been used in a U.S. execution.
The state opposed McGuire's last-minute appeal, in which he claimed a jury never heard the full extent of his chaotic and abusive childhood. |
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Court weighs president's recess appointments power
Headline Legal News |
2014/01/13 15:24
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The Supreme Court is refereeing a politically charged dispute between President Barack Obama and Senate Republicans over the president's power to temporarily fill high-level positions.
The case being argued at the high court Monday is the first in the nation's history to consider the meaning of the provision of the Constitution that allows the president to make temporary appointments to positions that otherwise require Senate confirmation, but only when the Senate is in recess.
The court battle is an outgrowth of increasing partisanship and the political stalemate that's been a hallmark of Washington for years, and especially since Obama took office in 2009.
Senate Republicans' refusal to allow votes for nominees to the National Labor Relations Board and the new Consumer Financial Protection Bureau led Obama to make the temporary, or recess, appointments in January 2012.
Three federal appeals courts have said Obama overstepped his authority because the Senate was not in recess when he acted.
The Supreme Court case involves a dispute between a Washington state bottling company and a local Teamsters union in which the NLRB sided with the union. The U.S. Court of Appeals for the District of Columbia Circuit overturned the board's ruling. Hundreds more NLRB rulings could be voided if the Supreme Court upholds the appeals court decision. |
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Chile's top court rules against coal-fired complex
Court Watch |
2014/01/13 15:22
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Chile's Supreme Court sided with local fishermen who contend a coal-fired power complex harms ocean life and pollutes their community, but the judges stopped short of ordering a suspension and left it to environmental authorities to decide if operations can continue.
The ruling on the Bocamina complex released Friday was another in a series of blows to big power projects in energy-strapped Chile, where concerns over environmental issues have been rising.
In December, an appeals court halted the 350-megawatt Bocamina II part of the complex owned by Endesa Chile in the southern Bio Bio region, citing harm to fishermen's livelihood.
The 128-megawatt Bocamina I plant was allowed to keep running. But the Supreme Court said the whole complex should shut down unless officials determine the water-cooling system doesn't threaten or hurt marine life.
The company can only operate the Bocamina I and II thermoelectric plants if they don't put harm marine life or put it at risk, the high court said in a ruling made Thursday.
The court ordered Chile's environmental authorities to take all measures required, including "a halt of operations" if needed, until the problem is fixed.
Environmental groups and fishermen say the complex's use of huge amounts of seawater to cool its equipment damages the area. |
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Court suspends ban on a show by French comic
Headline Legal News |
2014/01/10 15:54
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A French court has suspended a ban the city of Nantes imposed to prevent a show on Thursday night by a comic whose performances are considered anti-Semitic.
But Interior Minister Manuel Valls said he would appeal the ruling to the Council of State, France's highest administrative authority, to combat the "mechanics of hate."
The Nantes performance of Dieudonne M'Bala M'Bala would kick off a national tour by the comic, who has popularized the "quenelle" hand gesture, which Valls has criticized as an "inverted Nazi salute."
In its ruling, the court called the ban a grave attack on freedom of expression. Jacques Verdier, lawyer for Dieudonne celebrated the ruling, saying: "The show will go on tonight."
Dieudonne has been convicted more than a half-dozen times for inciting racial hatred or anti-Semitism. |
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Court: Lawmakers must expedite education funding
Topics in Legal News |
2014/01/10 15:52
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The Washington Supreme Court on Thursday ordered lawmakers to submit a complete plan by the end of April to detail how the state will fully pay for basic education.
The 8-1 ruling said that while the state made progress in last year's budget to increase funding for K-12 education, it was "not on target" to hit the constitutionally required funding level by the 2017-18 school year.
"We have no wish to be forced into entering specific funding directives to the State, or, as some state high courts have done, holding the legislature in contempt of court," read the majority opinion, written by Chief Justice Barbara Madsen. "But, it is incumbent upon the State to demonstrate, through immediate, concrete action, that it is making real and measureable progress, not simply promises."
Joining Madsen were Justices Charles Johnson, Debra Stephens, Susan Owens, Charles Wiggins, Mary Fairhurst, Steven Gonzalez and Sheryl Gordon McCloud. Justice Jim Johnson wrote a separate dissent, which was to be released at a later date.
In 2012, the high court ruled that the state is not meeting its constitutional obligation concerning education funding. That ruling was the result of a lawsuit brought by a coalition of school districts, parents and education groups, known as the McCleary case for the family named in the suit. The court has required yearly progress reports from the Legislature on its efforts. Those reports are then critiqued by the group that brought the lawsuit, and by the Supreme Court. |
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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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