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New Mexico Supreme Court won't restore funds to Legislature
Court News | 2017/05/09 14:38
The New Mexico Supreme Court on Thursday rejected a request to override budget vetoes, leaving negotiations about how to solve the state's budget crisis — and restore funding to the Legislature — in the hands of the governor and lawmakers.

In a two-page order, the court said it was too soon to consider any possible constitutional violations related to Gov. Susana Martinez's vetoes of all funding for the Legislature and state universities in the coming fiscal year.

The order said the Legislature's lawsuit was "not ripe for review," siding with attorneys for the governor who cautioned justices against an abuse of their judicial power.

The Republican governor has called a special session for May 24 in an attempt to resolve the state budget crisis linked to faltering tax revenues and a weak state economy.

The Democratic-led Legislature had argued that Martinez overstepped her authority by defunding the legislative branch of government and all state institutions of higher education.

Martinez had urged the state Supreme Court to stay out of budget negotiations and said her vetoes were made in pursuit of reductions to state spending and never sought to abolish the Legislature.

Thursday's ruling sent lawmakers and the governor back to the negotiating table with no signs of agreement on how to shore up wobbly state finances.

"We need to have a little love, and there is not much love going around right now," said Republican Sen. Bill Sharer, R-Farmington, describing distrust that stands in the way of a budget deal and related tax reforms.

For the upcoming special session, Martinez has outlined rough proposals to restore most vetoed funding for the fiscal year starting July 1. Democratic lawmakers say the proposals are linked to untenable tax revenue increases on nonprofits and food.

The governor's office issued a statement praising the court decision and prodding legislative leaders to abandon a proposed tax increase on gasoline sales designed to shore up state finances.


Indiana high court to take up police unreasonable force case
Court News | 2017/05/01 23:44
The Indiana Supreme Court is to take up the case of a man who claims Evansville police were too forceful when they used a SWAT team and flash-bang grenades to serve a search warrant.

The Evansville Courier and Press reports the court is to consider 31-year-old Mario Deon Watkins' case, which rises from his felony drug conviction. He claims the Evansville Police Department used unreasonable force when a SWAT team and flash-bang grenades were used to serve a search warrant.

The Indiana Court of Appeals in January reversed Watkins' sentence, criticizing use of the grenades that went off in the same room as a 9-month-old baby. But Indiana Attorney General Curtis Hill is asking the state's Supreme Court to clarify whether the state constitution prohibits police from using a SWAT team or the grenades.



Conservatives fault Arkansas court for halting executions
Court News | 2017/04/20 23:49
Arkansas' attempt to carry out its first execution in nearly 12 years wasn't thwarted by the type of liberal activist judge Republicans regularly bemoan here, but instead by a state Supreme Court that's been the focus of expensive campaigns by conservative groups to reshape the judiciary.

The court voted Wednesday to halt the execution of an inmate facing lethal injection Thursday night, two days after justices stayed the executions of two other inmates. The series of 4-3 decisions blocking the start of what had been an unprecedented plan to execute eight men in 11 days were only the latest in recent years preventing this deeply Republican state from resuming capital punishment.

The possibility that justices could continue sparing the lives of the remaining killers scheduled to die this month has left death penalty supporters including Republican Gov. Asa Hutchinson frustrated and critical of the high court.

"I know the families of the victims are anxious for a clear-cut explanation from the majority as to how they came to this conclusion and how there appears to be no end to the court's review," Hutchinson said in a statement after the Wednesday ruling.

Since the last execution in 2005, the state Supreme Court has at least twice forced Arkansas to rewrite its death penalty law. One of those cases spared Don Davis, who again received a stay Monday night. The legal setbacks at one point prompted the state's previous attorney general, Dustin McDaniel, to declare Arkansas' death penalty system "broken."

But unlike the earlier decisions, this stay came from a court that had shifted to the right in recent elections. Outside groups and the candidates spent more than $1.6 million last year on a pair of high court races that were among the most fiercely fought judicial campaigns in the state's history. Arkansas was among a number of states where conservative groups spent millions on such efforts.



High court sides with Goodyear in sanctions dispute
Court News | 2017/04/16 23:50
A unanimous Supreme Court is siding with Goodyear Rubber & Tire Co. in a dispute over $2.7 million the company and its lawyers were ordered to pay in a personal injury case.

The justices on Tuesday sent the case back to a lower court to decide whether an Arizona family injured in a 2003 motor home accident is entitled to the entire amount.

The family sued Goodyear after they were seriously injured when a tire failed on their motor home, causing it to flip off the road. After settling the case in 2010, the family discovered the company hadn't turned over key testing data.

A federal judge said nearly all of the family's attorney fees could be blamed on the misconduct. A federal appeals court agreed.


Official: Man accused in store attack misses court hearing
Court News | 2017/04/12 01:03
Authorities say a jailed North Carolina man facing accused of an arson attack on an immigrant-owned store didn't appear in court as planned because he's being disciplined.

An appearance scheduled Tuesday for 32-year-old Curtis Flournoy has been reset for April 21, when the suspect will have a bond hearing.

Mecklenburg County Assistant District Attorney Alana Byrnes said he didn't know what led to Flournoy's being placed on disciplinary detention.

Flournoy remains jailed on a $35,000 bond on charges, including ethnic intimidation and burning a commercial building. It's not clear if he has an attorney.

Authorities say a fire was set Thursday but burned itself out at a market selling goods from the Indian subcontinent. No one was hurt, and authorities said a threatening note was left on the scene.


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