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Wis. court won't rehear union case without justice
Law & Court News | 2012/07/06 16:36
The state Supreme Court won't reconsider a lawsuit challenging Gov. Scott Walker's collective bargaining law without Justice Michael Gableman.

Dane County District Attorney Ismael Ozanne had argued Republicans violated the state's open meetings law during debate on the measure. The Supreme Court ruled in June 2011 the law stands.

Ozanne in December asked the court to reconsider the case. He argued the Michael, Best & Friedrich law firm both defended the law and gave Justice Michael Gableman free legal help in the past, raising questions of impropriety.

The prosecutor demanded Gableman recuse himself from further proceedings. Gableman refused, saying he could be impartial.

The Supreme Court tied 3-3 Friday on Ozanne's request to rehear the case without Gableman. It would have taken four votes to proceed.


High court sides with state in DNA case
Law & Court News | 2012/06/18 13:11
The Supreme Court on Monday upheld a rape conviction over objections that the defendant did not have the chance to question the reliability of the DNA evidence that helped convict him.

The court's 5-4 ruling went against a run of high court decisions that bolstered the right of criminal defendants to confront witnesses against them.

Justice Clarence Thomas provided the margin of difference in the case to uphold the conviction of Sandy Williams, even though Thomas has more often sided with defendants on the issue of cross-examination of witnesses.

The case grew out of a DNA expert's testimony that helped convict Williams of rape. The expert testified that Williams' DNA matched a sample taken from the victim, but the expert played no role in the tests that extracted genetic evidence from the victim's sample.

And no one from the company that performed the analysis showed up at the trial to defend it.

The court has previously ruled that defendants have the right to cross-examine the forensic analysts who prepare laboratory reports used at trial.


Arizona court approves fifth execution this year
Law & Court News | 2012/06/13 16:06
The Arizona Supreme Court on Tuesday approved the execution of a death-row inmate who was spared from the death penalty last year after winning a last-minute delay from the nation's highest court.

Daniel Wayne Cook, 50, is now scheduled for execution on Aug. 8 at the state prison in Florence.

Cook was sentenced to death for killing a 26-year-old Guatemalan immigrant, Carlos Cruz-Ramos, and a 16-year-old boy, Kevin Swaney, in 1987, after police say he tortured and raped them for hours in his apartment in Lake Havasu City in far western Arizona.

Cook had been scheduled for execution on April 5 of last year, but the U.S. Supreme Court granted him a last-minute stay to consider whether he had ineffective counsel during his post-conviction proceedings. They since have turned him down.

Another death-row inmate, Samuel Villegas Lopez, is set to be executed in two weeks.

Lopez would become the fourth inmate executed in Arizona this year, while Cook would become the fifth. Two other inmates who are nearing the end of their appeals could bring the number of executions in the state this year to seven.


Court won't hear appeals from Bulger victim family
Law & Court News | 2012/05/14 13:49
The Supreme Court won't hear an appeal over whether the family of a man allegedly killed by former Boston mob boss and FBI informant James "Whitey" Bulger should get millions of dollars from the government.

The high court on Monday refused to hear an appeal from Edward Halloran's estate, which wants more than $2 million in damages from the FBI.

Bulger and another gang member are alleged to have shot Halloran on the waterfront in 1982. Bulger was an FBI informant at the time, and two judges ordered the FBI to pay damages to the families.

But the 1st U.S. Circuit Court of Appeals ruled the families did not file their claims within the statute of limitations.



British arms-to-Iran suspect faces Texas court
Law & Court News | 2012/02/27 10:25
A retired British businessman is to appear in a federal court in El Paso after being extradited last week on charges that he tried to sell missile batteries to Iran in 2006.

Christopher Tappin turned himself in Friday after fighting extradition from the United Kingdom for two years. Two other men were sentenced in 2007 to 20 and 24 months in federal prison for their roles in the scheme.

The 65-year-old Tappin was denied a final appeal of his extradition last month and delivered to El Paso by federal marshals. His deportation sparked a debate in the U.K. over whether British and American citizens are treated equally under the two countries' extradition treaty.

Don Cogdell, Tappin's attorney in Texas, said he plans to aggressively push to have Tappin granted bail.


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