Law Firm News
Today's Date: Bookmark This Website
Court grants Texas man a stay of execution just before his scheduled lethal injection
Court Issues | 2024/07/17 19:32
The U.S. Supreme Court granted a stay of execution for a Texas man 20 minutes before he was to receive a lethal injection Tuesday evening. The inmate has long maintained DNA testing would help prove he wasn’t responsible for the fatal stabbing of an 85-year-old woman during a home robbery decades ago.

The nation’s high court issued the indefinite stay shortly before inmate Ruben Gutierrez was to have been taken to the death chamber of a Huntsville prison.

Gutierrez was condemned for the 1998 killing of Escolastica Harrison at her home in Brownsville in Texas’ southern tip. Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of her mistrust of banks.

Gutierrez has sought DNA testing that he claims would help prove he had no role in her death. His attorneys have said there’s no physical or forensic evidence connecting him to the killing. Two others also were charged in the case.

The high court’s brief order, released about 5:40 p.m. CDT, said its stay of execution would remain in effect until the justices decide whether they should review his appeal request. If the court denies the request, the execution reprieve would automatically be lifted.

Gutierrez, who had been set to die after 6 p.m. CDT, was in a holding cell near the death chamber when prison warden Kelly Strong advised him of the court’s intervention.

“He was visibly emotional,” prison spokeswoman Amanda Hernandez said, adding he was not expecting the court stay. “We asked him if he wanted to make a statement but he needed a minute.”

“He turned around to the back of the cell, covered his mouth. He was tearing up, speechless. He was shocked.”

She said Gutierrez then prayed with a prison chaplain and added: “God is great!”

Gutierrez has had several previous execution dates in recent years that have been delayed, including over issues related to having a spiritual adviser in the death chamber. In June 2020, Gutierrez was about an hour away from execution when he got a stay from the Supreme Court.

In the most recent appeal, Gutierrez’s attorneys had asked the Supreme Court to intervene, arguing Texas has denied his right under state law to post-conviction DNA testing that would show he would not have been eligible for the death penalty.


Court grapples with details on school shooter that were leaked to media
Court Issues | 2024/06/17 22:27
A media organization is due in court Monday after publishing details from leaked documents about the shooter who killed six people at a Nashville elementary school in March 2023, while the outlet sues for those records and others to be released to the public.

The hearing, ordered by Nashville Chancellor I’Ashea Myles, has led to outcry not only from Star News Digital Media and Editor-in-Chief Michael Leahy, but also from open government advocates and Tennessee lawmakers.

Leahy’s attorney argued the court proceeding would violate his due process rights and infringe on First Amendment protections after his outlet, The Tennessee Star, reported on records leaked to them about the shooter at The Covenant School.

Initially, the judge ordered Leahy and attorneys to explain in court why the recent work involving leaked documents has not violated court protection of records that could subject them to contempt proceedings and sanctions. The judge later denied a request by Leahy to cancel the hearing but said no witnesses would testify.

The public records lawsuit by the conservative Star News and other plaintiffs remains tied up in court after more than a year. A group of Covenant School parents have joined the lawsuit, arguing none of the documents should ever be released because they could inspire copycats and retraumatize their children.

Though the investigative file remains officially closed to the public’s view, two prominent rounds of evidence about the shooter’s writings have leaked to media outlets.

Police have said they could not determine who was responsible for the first leak. While they look into the second, a lieutenant has drawn a connection to a former colleague without directly accusing him of the leak.

In a court declaration Friday, Nashville Police Lt. Alfredo Arevalo said his office led an investigation of the first leak. A former lieutenant, Garet Davidson, was given a copy of the criminal investigative file that was stored in a safe in his office and only Davidson had the key and safe combination, Arevalo said.

Davidson has left the force. Separately, he filed a well-publicized complaint alleging the police department actively lobbied to gut the city’s community oversight board, as well as a number of other misconduct claims.

In his declaration, Arevalo noted Davidson has spoken about details from the Covenant investigative file on Leahy’s radio show and another program.

Arevalo wrote that he is “appalled” by the leak and “saddened by the impact that this leak must have on the victims and families of the Covenant school shooting.”

The shooter who killed three 9-year-old children and three adults at Covenant, a private Christian school, left behind at least 20 journals, a suicide note and an unpublished memoir, according to court filings.

The city of Nashville has argued it doesn’t have to release the documents during an active police investigation. The plaintiffs have countered there is no meaningful criminal investigation underway since the shooter, Audrey Hale, was killed by police.


Trump's lawyers ask judge to lift gag order imposed during New York trial
Court Issues | 2024/06/10 19:29
Donald Trump’s lawyers are asking a New York judge to lift the gag order that barred the former president from commenting about witnesses, jurors and others tied to the criminal case that led to his conviction for falsifying records to cover up a potential sex scandal.

In a letter Tuesday, Trump lawyers Todd Blanche and Emil Bove asked Judge Juan M. Merchan to end the gag order, arguing there is nothing to justify “continued restrictions on the First Amendment rights of President Trump” now that the trial is over.

Among other reasons, the lawyers said Trump is entitled to “unrestrained campaign advocacy” in light of President Joe Biden’s public comments about the verdict last Friday, and continued public criticism of him by his ex-lawyer Michael Cohen and porn actor Stormy Daniels, both key prosecution witnesses.

Trump’s lawyers also contend the gag order must go away so he’s free to fully address the case and his conviction with the first presidential debate scheduled for June 27.

The Manhattan district attorney’s office declined to comment.

Merchan issued Trump’s gag order on March 26, a few weeks before the start of the trial, after prosecutors raised concerns about the presumptive Republican presidential nominee’s propensity to attack people involved in his cases.

Merchan later expanded it to prohibit comments about his own family after Trump made social media posts attacking the judge’s daughter, a Democratic political consultant. Comments about Merchan and District Attorney Alvin Bragg are allowed, but the gag order bars statements about court staff and members of Bragg’s prosecution team.

Trump was convicted Thursday of 34 counts of falsifying business records arising from what prosecutors said was an attempt to cover up a hush money payment to Daniels just before the 2016 election. She claims she had a sexual encounter with Trump a decade earlier, which he denies. He is scheduled to be sentenced July 11.

Prosecutors had said they wanted the gag order to “protect the integrity of this criminal proceeding and avoid prejudice to the jury.” In the order, Merchan noted prosecutors had sought the restrictions “for the duration of the trial.” He did not specify when they would be lifted.

Blanche told the Associated Press last Friday that it was his understanding the gag order would expire when the trial ended and that he would seek clarity from Merchan, which he did on Tuesday.


TikTok content creators sue the US government over potential ban
Court Issues | 2024/05/15 23:18
Eight TikTok content creators sued the U.S. government on Tuesday, issuing another challenge to the new federal law that would ban the popular social media platform nationwide if its China-based parent company doesn’t sell its stakes within a year.

Attorneys for the creators argue in the lawsuit that the law violates users’ First Amendment rights to free speech, echoing arguments made by TikTok in a separate lawsuit filed by the company last week. The legal challenge could end up before the Supreme Court.

The complaint filed Tuesday comes from a diverse set of content creators, including a Texas-based rancher who has previously appeared in a TikTok commercial, a creator in Arizona who uses TikTok to show his daily life and spread awareness about LGBTQ issues, as well as a business owner who sells skincare products on TikTok Shop, the e-commerce arm of the platform.

The lawsuit says the creators “rely on TikTok to express themselves, learn, advocate for causes, share opinions, create communities, and even make a living.”

“They have found their voices, amassed significant audiences, made new friends, and encountered new and different ways of thinking — all because of TikTok’s novel way of hosting, curating, and disseminating speech,” it added, arguing the new law would deprive them and the rest of the country “of this distinctive means of expression and communication.”

A spokesperson for TikTok said the company was covering the legal costs for the lawsuit, which was filed in a Washington appeals court. It is being led by the same law firm that represented creators who challenged Montana’s statewide ban on the platform last year. In November, a judge blocked that law from going into effect.

The Department of Justice said that the legislation that could ban TikTok “addresses critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations. We look forward to defending the legislation in court.”

The federal law comes at a time of intense strategic rivalry between the U.S. and China on a host of issues and as the two butt heads over sensitive geopolitical topics like China’s support for Russia in its invasion of Ukraine. U.S. lawmakers and administration officials have aired concerns about how well TikTok can protect users’ data from Chinese authorities and have argued its algorithm could be used to spread pro-China propaganda, which TikTok disputes.

Under the law, TikTok’s parent company ByteDance would be required to sell the platform to an approved buyer within nine months. If a sale is in progress, the company will get a three-month extension to complete the deal.


[PREV] [1][2][3][4][5].. [137] [NEXT]
All
Legal Network
Law Firm News
Court Issues
Court Watch
Legal Interview
Topics
Blog News
Press Release
Legal Opinions
Court grants Texas man a sta..
A US appeals court will revi..
Special Education Lawyers in..
The Supreme Court strips the..
Court rejects settlement in ..
Court grapples with details ..
Unanimous Supreme Court pres..
Trump's lawyers ask judge to..
Three Americans in alleged c..
Spanish court summons prime ..
Trump hush money trial: Pros..
Trial turns testy as Trump l..
War crimes prosecutor seeks ..
TikTok content creators sue ..
Abortion consumes US politic..


   Lawyer & Law Firm Websites
Indianapolis Personal Injury Law Firm
Indiana, IN Personal Injury Attorneys
www.williamspiatt.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Chicago Work Accident Lawyer
Chicago Workplace Injury Attorneys
www.krol-law.com
San Bernardino Criminal Defense Attorneys
DUI Lawyer
www.bullardpowell.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
   Legal Resource Links
  U.S. Legal News
 
 
© Law Firm News Network. All rights reserved.

The content contained on the web site has been prepared by Law Firm News Network 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 or circumstance. Legal Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Affordable Law Firm Website Design