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Supreme Court Notebook: Roberts pays tribute to Breyer
Court News |
2022/04/27 17:10
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The fertile mind of Justice Stephen Breyer has conjured a stream of hypothetical questions through the years that have, in the words of a colleague, “befuddled” lawyers and justices alike.
Breyer, 83, seemed a bit subdued as he sat through the last of more than 2,000 arguments Wednesday in which he has taken part during 28 years on the high court. His wife, Joanna, also was in the courtroom.
But at the end of the case about Oklahoma’s authority to prosecute people accused of crimes on Native American lands, an emotional Chief Justice John Roberts paid tribute to Breyer for his prowess during arguments.
“For 28 years, this has been his arena for remarks profound and moving, questions challenging and insightful, and hypotheticals downright silly,” Roberts said.
A day earlier, Breyer provided only the most recent example, inventing a prison inmate named John the Tigerman in a case involving transporting an inmate for a medical test. Breyer called him “the most dangerous prisoner they have ever discovered.”
Just since Breyer announced in late January that he was retiring, he has asked lawyers to answer questions involving spiders, muskrats and “4-foot-long cigars smoked through hookahs” — none of which, it’s fair to say, had any actual links to the cases at hand.
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Judge won’t halt execution over intellectual disability
Court News |
2022/03/29 15:43
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A judge on Tuesday dismissed a motion to declare a Tennessee death row inmate intellectually disabled, a move that would have prohibited his upcoming execution.
Senior Judge Walter Kurtz wrote that federal courts had previously determined Byron Black was not intellectually disabled and therefore was ineligible to have the decision considered once again. The 45-page decision comes despite agreement between Nashville’s district attorney and Black’s lawyers that he is intellectually disabled and should not be put to death.
Black is scheduled to be executed on Aug. 18 for his murder convictions in the April 1988 killings of his girlfriend and her two young daughters.
Black’s attorneys had argued the 65-year-old should be spared under a 2021 law that made Tennessee’s prohibition against executing people with intellectual disability retroactive, pointing out there is a different standard in place now than in 2004 — when the court found that Black didn’t meet the now-obsolete definition of “mental retardation.” Previously, Tennessee had no mechanism for an inmate to reopen a case to press an intellectual disability claim.
However, Kurtz ultimately concluded that the new state law does not apply to death row inmates who had previously received a ruling from a prior court.
“This Court fails to see how the federal courts’ resolution of petitioner’s intellectual disability claim can be seen as anything other than an adjudication on the merits under the legal and medical principles which are embodied in the most recent version of (Tennessee law),”Kurtz wrote. “Given the above, the Court finds that Mr. Black had a full and fair previous adjudication on the merits of his intellectual disability claim.”
Black was convicted by a Nashville court in the deaths of girlfriend Angela Clay, 29, and her daughters Latoya, 9, and Lakesha, 6. Prosecutors said he was in a jealous rage when he shot the three at their home. At the time, Black was on work release while serving time for shooting and wounding Clay’s estranged husband.
Earlier this month, District Attorney Glenn Funk — Nashville’s lead prosecutor — announced that he agreed with Black’s legal team that the inmate was intellectually disabled and should instead face a sentence of life in prison.
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New York’s top court rules in favor of fantasy sports bets
Court News |
2022/03/21 15:44
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New York’s highest court ruled Tuesday that fantasy sports contests like those run by FanDuel and DraftKings are allowed under the state constitution, turning back a challenge to the popular games.
The state Court of Appeals reversed an appeals court’s decision last year that found interactive fantasy sports violated the state constitution’s ban on gambling. The games allow players to assemble a roster of athletes in a sport, using individuals performance statistics to determine the winner. They annually bring in hundreds of millions in entrance fees statewide.
The lawsuit was bought several years ago and did not target mobile sports betting, which began in New York earlier this year.
In a 4-3 ruling, New York’s top court clarified the scope of that the state’s constitutional prohibition on gambling. Chief Judge Janet DiFiore wrote that the gambling prohibition doesn’t include skill-based competitions in which players who win a prize exercise “substantial influence” over the contest’s outcome.
DiFiore wrote that the outcome of a interactive fantasy sports contest “turns — not on the performance of real-life athletes, as it would with respect to a bet or wager — but on whether the participant has skillfully composed and managed a virtual roster so as to garner more fantasy points than rosters composed by other participants.”
The fantasy sports measure signed into law by then-Gov. Andrew Cuomo in 2016 cleared the way for companies like DraftKings and FanDuel to operate and be regulated in New York. DraftKings and FanDuel both said they were pleased with the decision.
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Gangs control who eats at Mississippi jail, monitor says
Court News |
2022/02/23 15:02
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Gangs inside a Mississippi jail often determine whether other inmates receive meals, a court-appointed monitor testified in a federal court hearing.
Elizabeth Simpson testified Tuesday that staffing shortages are so severe at Hinds County’s Raymond Detention Center that gangs and “inmate committees” control certain aspects of life, including whether some inmates get to eat, WLBT-TV reported.
A former administrator of the jail, Maj. Kathryn Bryan, learned staff would put food on carts to take to the jail’s housing units and would let the inmates distribute it, Simpson said. In two cases this January, detainees in a mental health unit were suffering severe weight loss as a result, Simpson said.
U.S. District Judge Carlton Reeves issued a civil contempt order Feb. 4, saying officials in Mississippi’s largest county have failed to fix problems at the jail. He started holding hearings last week to determine whether to order a receivership in which the federal government would take over operation of the jail, with Hinds County paying the tab.
Simpson testified Tuesday that inmate committees determined whether certain detainees could remain in housing units known as pods.
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Maryland governor appoints 2 to state’s highest court
Court News |
2022/02/18 13:10
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Maryland Gov. Larry Hogan announced the appointments of two judges to the state’s highest court on Thursday.
Harford County Circuit Court Judge Angela Eaves has been appointed to the Maryland Court of Appeals. Eaves, who is the first Hispanic judge appointed to the court, has been nominated to succeed Judge Robert McDonald upon his mandatory retirement later this month.
Hogan also announced the appointment of Judge Matthew Fader, of Howard County, to the Court of Appeals. Fader is currently the chief judge of the Court of Special Appeals, Maryland’s intermediate-appellate court. He has been appointed to succeed Judge Joseph Getty upon his mandatory retirement in April.
The Republican governor also announced that Court of Special Appeals Judge E. Gregory Wells will serve as the new chief judge of that court.
In addition, Hogan appointed Montgomery County Circuit Court Judge Anne Albright to fill the seat that will open on the Court of Special Appeals with Fader’s departure.
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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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