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US Supreme Court orders 6 death row cases reviewed
Attorney Blog News |
2013/06/04 09:00
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The U.S. Supreme Court on Monday sent the cases of six Texas death row inmates, including one of the infamous "Texas 7" gang of escapees, back to a lower court for reviews of whether attorneys in earlier stages of appeals let the men down.
The decisions are in line with last week's ruling in another Texas case where the justices, in a 5-4 vote, said a condemned prisoner had deficient legal help early because appeals lawyers didn't raise challenges that his trial lawyers were ineffective.
The high court returned the cases to the 5th U.S. Circuit Court of Appeals for review. None of the six has a pending execution date, although some had come close to being put to death in the past before their punishment was delayed by the courts.
Among the condemned prisoners is Donald Newbury, 51, one of seven inmates who broke out of a South Texas prison in 2000. One fugitive killed himself as Colorado authorities closed in on the gang. The remaining six were convicted of killing a suburban Dallas police officer Aubrey Hawkins during a Christmas Eve robbery in Irving in 2000. Two of the six already have been executed. |
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Court denies second hearing on Medi-Cal rate cut
Attorney Blog News |
2013/05/25 09:11
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A federal appeals court on Friday denied a second request by California doctors, pharmacists and hospitals seeking to undo the state's 10 percent provider rate cut for treating the poor.
The 9th U.S. Circuit Court of Appeals denied an appeal from medical providers to rehear their case, which allows Gov. Jerry Brown to begin implementing the cuts retroactively. A three-judge panel had ruled against them in December on the grounds that trial courts cannot block the state from making cuts that were approved by the U.S. Department of Health and Human Services.
Health providers vowed they will continue to press lawmakers to restore the 10 percent reimbursement rate cut to the state's Medicaid program, known as Medi-Cal.
"While we are not surprised by the 9th Circuit Court ruling, we are certainly disappointed, as the 10 percent cut to Medi-Cal will have devastating effects on California's poorest and most vulnerable patients," said Paul Phinney, president of the California Medical Association, in a statement.
Phinney said the state needs competitive Medi-Cal payments as the state prepares to get millions of Californians health coverage under the Affordable Care Act. The association, which represents 35,000 doctors, says ongoing cuts have left doctors with little option but to stop taking qualified patients because the reimbursements do not meet the cost of overhead and supplies to treat them.
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US appeals court grants Hobby Lobby full hearing
Attorney Blog News |
2013/03/30 22:54
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A federal appeals court has granted Hobby Lobby's request for the entire court to hear its challenge of a federal requirement that it provide insurance coverage for the morning-after pill and similar emergency contraceptives.
The 10th U.S. Circuit Court of Appeals announced its decision Friday. Appeals are usually decided by a three-judge panel, but a total of nine judges will hear the appeal from the Oklahoma City-based arts and crafts chain.
Hobby Lobby is challenging a requirement in the new federal health care law that says the company must provide and pay for emergency contraceptives. The company says the requirement violates the beliefs of its Christian owners.
The Denver-based court also said it would hear Hobby Lobby's appeal on an expedited basis, with oral arguments expected this spring. |
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Court orders new look at health care challenge
Attorney Blog News |
2012/12/21 00:09
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The Supreme Court has revived a Christian college's challenge to President Barack Obama's healthcare overhaul, with the acquiescence of the Obama administration.
The court on Monday ordered the federal appeals court in Richmond, Va., to consider the claim by Liberty University in Lynchburg, Va., that Obama's health care law violates the school's religious freedoms.
The court's action at this point means only that the 4th U.S. Circuit Court of Appeals must now pass judgment on issues it previously declined to rule on.
A federal district judge rejected Liberty's claims, and a three-judge panel of the 4th Circuit voted 2-1 that the lawsuit was premature and never dealt with the substance of the school's arguments. The Supreme Court upheld the health care law in June.
The justices used lawsuits filed by 26 states and the National Federation of Independent Business to uphold the health care law by a 5-4 vote, then rejected all other pending appeals, including Liberty's.
The school made a new filing with the court over the summer to argue that its claims should be fully evaluated in light of the high court decision. The administration said it did not oppose Liberty's request.
Liberty is challenging both the requirement that most individuals obtain health insurance or pay a penalty, and a separate provision requiring many employers to offer health insurance to their workers. |
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Court rules on suit against West Memphis officers
Attorney Blog News |
2012/11/15 13:21
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A lawsuit brought against West Memphis, Ark., by relatives of two people who were fatally shot by the city's police officers during a two-state chase can continue, a federal appeals court ruled Wednesday.
The U.S. Court of Appeals for the Sixth Circuit agreed with a lower court that five West Memphis officers involved in the July 2004 shootings of Donald Rickard and Kelly Allen are not immune from possible liability in the deaths.
Rickard fled a traffic stop for a broken taillight in West Memphis and was chased across a Mississippi River bridge to Memphis. After Rickard and a West Memphis officer crashed with each other on a Memphis street, officers managed to stop the car again and fatally shot both Rickard and Allen, his passenger.
Officer Vance Plumhoff fired three shots into the vehicle. Officer John Bryan Gardner fired 10 times at the vehicle as it was moving away from the officers. Officer John Tony Galtelli also fired two shots at the vehicle.
As the officers were shooting, Rickard lost control of the vehicle and crashed into a building.
Police have said they opened fire on the car after Rickard tried to run over them as he fled down the street after being cornered. Relatives of Rickard and Allen, both 44, have alleged excessive force. |
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