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Ohio Supreme Court delays serial killer's execution date
Top Court Watch |
2017/01/02 19:17
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The Ohio Supreme Court has agreed to delay the execution date for a Cleveland man convicted of killing 11 women and hiding the remains in and around his home.
The court on Thursday granted the request from attorneys for serial killer Anthony Sowell.
The execution had been set for Nov. 18, 2010. The court said the execution would be delayed until Sowell had exhausted all his appeals, most likely through the federal courts.
The court's action was similar to its approach to other death penalty cases. It regularly sets initial execution dates after upholding death sentences, then delays them on request.
Jurors found Sowell guilty of killing 11 women from June 2007 to July 2009.
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Court says convicted killer Skakel's defense was adequate
Legal Opinions |
2017/01/01 19:16
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Convicted killer Michael Skakel could be headed back to prison after the Connecticut Supreme Court reinstated his 2002 conviction for the gruesome murder of his 15-year-old neighbor Martha Moxley.
Moxley was killed — bludgeoned with a golf club belonging to the Skakel family and stabbed in the neck with the broken-off handle — the night before Halloween in 1975 in the driveway of her Greenwich home. No physical evidence tied Skakel to the crime, but he was convicted because of incriminating things he said to friends and a weak alibi he gave investigators.
Skakel, the now 56-year-old nephew of Robert and Ethel Kennedy, served a decade of his 20-to-life sentence until he was released in 2013 when an appeals court ruled he didn’t get an adequate legal defense from his lawyer Mickey Sherman.
Connecticut’s highest court rejected that ruling yesterday in a divided 4-3 decision that found Sherman “rendered constitutionally adequate representation” — setting in motion a series of last-ditch efforts by Skakel’s appellate attorneys to keep him from heading back to the lock-up. |
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California Supreme Court halts death penalty measure
Top Court Watch |
2016/12/21 09:44
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The California Supreme Court on Tuesday blocked a voter-approved measure intended to speed up the appeals process for the state's Death Row inmates to give it time to consider a lawsuit challenging the measure.
In a one-page decision, the court stayed the "implementation of all provisions of Proposition 66" and set a timeline for filing briefs in the case.
Proposition 66 would change how appeals are handled, appointing more lawyers to take cases, putting certain types of appeals before trial court judges and setting a five-year deadline for appeals to be heard. Currently, it can take longer than that for an attorney to be assigned to a case and upward of 25 years to exhaust appeals.
The lawsuit by former Attorney General John Van de Kamp and Ron Briggs, whose father wrote the ballot measure that expanded California's death penalty in 1978, said the reform measure would disrupt the courts, cost more money and limit the ability to mount proper appeals. They said the deadlines would set "an inordinately short timeline for the courts to review those complex cases" and result in attorneys cutting corners in their investigations.
Supporters of the measure have called the lawsuit a frivolous stall tactic.
California voters faced two death penalty measures on the November election. They rejected a measure that would have abolished the death penalty and narrowly approved Proposition 66.
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Ohio's high court dismisses media lawsuit over bodycam video
Top Court Watch |
2016/12/21 09:43
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The Ohio Supreme Court dismissed a public information lawsuit Tuesday without ruling on its argument that video from police body cameras are public record and should be released on request.
In not taking up the issue, the court noted that the video had already been released — two days after news organizations requested the footage in the July 19, 2015, traffic stop and fatal shooting of a black motorist by a white University of Cincinnati officer.
News organizations including The Associated Press sued Hamilton County Prosecutor Joe Deters last year when he initially refused to release the police bodycam video. Deters released the material after the officer was indicted on charges including murder.
In Tuesday's ruling, Justice Judith Ann Lanzinger wrote that the prosecutor was entitled to review the video first to determine whether any information had to be redacted; she noted that Deters produced the footage six days after he received it.
"We conclude that he responded in a reasonable period of time," she said.
Deters said he was pleased with the decision, saying "it lets the prosecutor do his job to investigate cases before material is released to the media potentially jeopardizing future prosecution."
Attorney Jack Greiner, representing the media groups, called it a narrow decision with little precedent-setting value. He noted it doesn't affect a Dec. 6 ruling by the state Supreme Court that said video footage from police cruiser dash cameras is public record that, with some exceptions, should be promptly released upon request. |
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Court to unseal Clinton email search warrant
Top Court Watch |
2016/12/20 09:44
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A federal court in New York is scheduled to release redacted copies Tuesday of the search warrant that allowed the FBI to dig into a trove of Hillary Clinton emails days before the presidential election.
The emails were found on a computer belonging to former U.S. Rep. Anthony Weiner, the estranged husband of a top Clinton aide.
A judge ruled Monday that the public had a right to see the warrant application, but said portions would be blacked out to conceal information about an ongoing investigation involving Weiner.
Federal agents have been probing his online contact with a teenage girl.
The discovery of the emails prompted FBI Director James Comey (KOH'-mee) to briefly reopen an investigation into Clinton's use of a private email server as secretary of state.
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