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Court grants Texas prisoner execution reprieve
Court News | 2014/12/05 15:55
A federal appeals court halted Wednesday's scheduled execution of a Texas killer whose attempt to subpoena Jesus Christ as a trial witness and other behavior led his attorneys to argue he is too mentally ill for capital punishment.

Scott Panetti, who was diagnosed with schizophrenia some 14 years before fatally shooting his estranged wife's parents in 1992, was granted the reprieve less than eight hours before he was set to receive a lethal injection. In stopping the execution, the 5th U.S. Circuit Court of Appeals acknowledged the legal complexity of putting a mentally ill inmate to death.

In a two-sentence ruling, the court said it needs time to "fully consider the late arriving and complex legal questions at issue in this matter" and that it will schedule briefings and hearings to consider arguments.

The Texas attorney general's office said it has no immediate plans to appeal and that state attorneys will present arguments to the 5th Circuit once the court sets a date for them.

Panetti's lawyers described him as delusional and argued that he was too mentally ill to qualify for capital punishment and they sought the delay so Panetti could undergo new competency examinations.

Panetti, who acted as his own trial lawyer, testified as an alternate personality he called "Sarge" to describe the slayings of Joe and Amanda Alvarado. He wore a purple cowboy outfit, including a big cowboy hat, during trial and largely ignored a standby attorney the judge appointed to assist him.

Appeals also were before the U.S. Supreme Court, which has said mentally ill people cannot be executed if they don't have a factual and rational understanding of why they're being punished. The high court took no action once the lower court stopped the punishment.


Venezuela opposition leader will appear in court
Court News | 2014/12/02 14:33
Opposition leader Maria Corina Machado said Thursday she will continue working toward a peaceful change of Venezuela's government even as she complies with an order to face charges of plotting to kill the president.

Venezuela's chief prosecutor on Wednesday ordered the former congresswoman to appear in court next week on charges of participating in what the government described back in May as a U.S.-backed plot to assassinate socialist President Nicolas Maduro. She denies the allegations.

Machado told journalists the charges are further evidence that the Maduro administration has become a dictatorship and said the charges may have been retribution for demanding the resignation of national election council leaders earlier Wednesday.

"Maduro is trying to bring chaos to Venezuela, and we are in danger," she said.

Together with fellow opposition leader Leopoldo Lopez, Machado called tens of thousands of demonstrators into the streets to protest the government earlier this year. The strategy brought them into conflict with more moderate opposition leaders who were advocating gradual electoral change.


Grant to help veterans court expand services
Court News | 2014/11/25 10:35
A federal grant will help the Tennessee Veterans Treatment Court expand services over the next three years so that it can serve more people in Shelby, Montgomery and Davidson counties.

The court allows service members and veterans who end up in the criminal justice system to choose treatment and recovery programs instead of ending up behind bars.

The Leaf-Chronicle reports the $1.5 million grant will allow the Montgomery County veterans court to increase its capacity from 40 to 78. Much of the Fort Campbell Army post is located in the county.

In all, the grant will allow the program to serve 263 more veterans over a three-year period.

"It's much more than just a way for veterans to avoid a jail sentence," said E. Douglas Varney, Commissioner of the Tennessee Department of Mental Health. "This is a voluntary decision for a service member who's arrested on a non-violent offense to seek help, get into recovery and start receiving the mental health and substance abuse treatment they need."

Officials aim to help veterans find out why they engage in criminal behavior and break the cycle. In addition to assessing, analyzing and treating problems, services including job assistance are available to those who volunteer.


Court to consider when second mortgage can be void
Court News | 2014/11/17 16:27
The Supreme Court will decide whether homeowners who declare bankruptcy can void a second mortgage if the home's market value has dropped below the amount they owe on their first mortgage.

The justices said Monday they will consider two appeals from Bank of America Corp., which asserts that bankrupt homeowners should not be able to "strip off" a second loan even if they are underwater on primary loans.

In both appeals, bankruptcy courts allowed Florida homeowners to nullify second loans held by Bank of America. The Atlanta-based 11th U.S. Circuit Court of Appeals affirmed, but Bank of America says the rulings conflict with other appeals courts and Supreme Court precedent.

Hundreds of homeowners have moved to void underwater second mortgages since the 11th Circuit endorsed the practice two years ago.


Palm Beach Construction Law
Court News | 2014/11/07 13:05
Our Principal, Mr. Heitman, has extensive experience with both the law and construction. He is both a Florida Licensed Professional Engineer, as well as a Certified Construction Attorney. This puts him in the unique position to lead on both the jobsite, courtroom, and boardroom.

Much like you on your jobsite, we do everything to legal code and correct the first time. We will be straightforward with you about your case and inform you on all your options. We will not cut corners, paying careful attention to every aspect of your case, from the contracts to the construction disputes. Also like you, we think that no project is too big or too small to be given our utmost attention. We want to make you, your project, and your company is given thorough legal representation.

Heitman Law Firm serves it's clients by first comprehending the specific issues our clients face and then tailoring our representation to those specific needs. Construction law cases often involve legal,technical, engineering, design, constructability and scheduling issues. We speak the language of construction. We understand your business. We know how to read a set of plans. Our client service is based on the idea that the client should not be required to pay to bring us up to speed on the construction issues. Instead, we make it our business to be ahead of the learning curve.

Heitman Law Firm has the technical knowledge to understand the issues you face and the legal acumen to address these issues. With construction law, the cases are often multi-faceted and multidisciplinary. We are well versed in construction, business, and law, resulting in attorneys that are up to speed. You need to spend your time teaching us about construction, because we are already familiar. Instead of getting caught up in jargon, we are able to keep up to speed with both your construction issues and the current laws. This keeps us ahead of the curve and far ahead other attorneys in Palm Beach.


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