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Court to hear challenge to speed up California executions
Top Court Watch |
2017/06/06 08:57
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The California Supreme Court will hear arguments Tuesday over a ballot initiative designed to speed up executions that could fundamentally change the way the court handles death penalty appeals.
Death penalty opponents are challenging a ballot measure passed by a slim majority of voters in November that aimed to reform a dysfunctional system that hasn't executed a condemned killer in more than a decade.
Foes of capital punishment argue that Proposition 66 was unconstitutional because it would take power away from the state's high court to decide how it handles cases and it would disrupt the court system, cost the state more money and undermine the appeals process.
If allowed to take effect, the measure would require more lawyers to take death penalty appellate cases, some trial court judges would be assigned appeals and all state appeals would have to be completed in five years, which is about a third of the time it typically takes.
With a backlog of 380 death penalty appeals, there's concern judges would be overwhelmed trying to speed through appeals, said Elisabeth Semel, a law professor at University of California, Berkeley, who consulted for death penalty opponents on the case.
"There's an enormous ripple effect to that," said Semel, who directs the school's death penalty clinic. "The attention the justices can pay to each individual case is significantly diminished. When you're talking about life and death, that's important."
The ballot initiative supported by 51 percent of voters was designed to "mend not end" capital punishment in California, where nearly 750 inmates are on Death Row and only 13 have been executed since 1978.
A competing measure to repeal capital punishment lost by a slightly wider margin. Both sides acknowledged the current system is broken.
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High court limits seizure of assets from drug conspiracies
Law & Court News |
2017/06/05 08:57
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The Supreme Court is limiting the government's ability to seize assets from people who are convicted of drug crimes but receive little of the illegal proceeds.
The justices ruled Monday that a Tennessee man convicted for his role selling iodine water purification filters to methamphetamine makers does not have to forfeit nearly $70,000 in profits.
Terry Honeycutt helped sell more than 20,000 filters at his brother's hardware store. Prosecutors said the brothers knew the iodine was used by local meth cooks.
Honeycutt's brother pleaded guilty and forfeited $200,000 of the $270,000 in profits. But Honeycutt argued he wasn't responsible for the rest since he didn't personally see any profits.
A federal appeals court ruled against Honeycutt, saying everyone who joins a drug conspiracy can be required to give up profits.
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In one state, abused animals get a legal voice in court
Topics in Legal News |
2017/06/03 12:39
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Many states have victim's advocates or child advocates, people in the judicial system who represent those affected by crime or abuse. Now, one state has created legal advocates for abused animals, an experiment being watched across the nation for signs of success.
There are eight approved volunteer advocates across Connecticut — seven lawyers and a UConn law professor, working with her students. It's up to a judge to decide whether to appoint one, but they can be requested by prosecutors or defense attorneys. In the first six months of the law, advocates have been appointed in five cases.
"Every state has the problem of overburdened courts that understandably prioritize human cases over animal cases in allocating resources," said University of Connecticut professor Jessica Rubin, a specialist in animal law. "Here's a way to help."
The American Kennel Club, though, opposed the legislation, saying it could result in confusion over who is responsible for an animal and limit the rights of animal owners, including in cases in which someone else is charged with the abuse. |
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Supreme Court Justice Neil Gorsuch: Rule of law 'a blessing'
Law & Court News |
2017/06/03 12:38
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Supreme Court Justice Neil Gorsuch acknowledged Friday that there is "a lot of skepticism about the rule of law" in the country but defended the United States judicial system as "a blessing" and "a remarkable gift" during a talk at Harvard University.
The court's newest justice marveled that in America "nine old people in polyester black robes" and other judges can safely decide cases according to their conscience and that the government can lose cases without resorting to the use of armed force to impose its will.
"That is a heritage that is very, very special," he said. "It's a remarkable gift. Travel elsewhere. See how judges live. See whether they feel free to express themselves."
Gorsuch, made the comments during his first public appearance since joining the high court in a conversation with fellow Justice Stephen Breyer at Harvard University.
Gorsuch said that particularly in tumultuous times it's important to convince the next generation "that the project (of justice) is worth it because many of them have grave doubts."
"I think there is a lot of skepticism about the rule of law, but I see it day in and day out in the trenches — the adversarial process of lawyers coming to court and shaking hands before and after, the judges shaking hands as we do, before we ascend to the bench," he said. "That's how we resolve our differences in this society."
Gorsuch, who was nominated to the high court earlier this year by Republican President Donald Trump, said he believes there is still confidence in the judicial system. He said that 95 percent of all cases are decided in the trial court, while only 5 percent are appealed, and the Supreme Court hears about 80 cases in a good year.
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Trump admin asks Supreme Court to restore travel ban
Top Court Watch |
2017/06/02 12:39
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The Trump administration has asked the Supreme Court to restore the ban on travel to the U.S. from citizens of six Muslim-majority countries.
Per Reuters: "The administration filed two emergency applications with the nine Court justices seeking to block two different lower court rulings that went against Trump's March 6 order barring entry for people from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days while the U.S. government implements stricter visa screening."
Last week, an appeals court in Richmond upheld the block on Trump's order. Chief Judge Roger Gregory ruled that it, "speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination." There have been conflicting rulings on the order, and on Trump's earlier attempt to implement the ban, as it has worked its way though the courts.
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