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Missouri death row inmate asks US Supreme Court to intervene
Legal Interview |
2019/01/01 08:18
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A Missouri death row inmate who lost substantial brain tissue during a surgery plans to ask the U.S. Supreme Court to review his case, saying his planned execution by lethal injection could subject him to severe pain.
The Columbia Daily Tribune reported Thursday that Ernest Lee Johnson plans to argue that the loss of brain tissue could mean he has seizures and severe pain in reaction to Missouri’s execution drug.
Johnson was sentenced to death for killing three convenience store workers during a Columbia robbery in 1994.
Johnson’s appeal is moving through lower courts. But Johnson’s attorneys plan to ask the U.S. Supreme Court to intervene because the high court is currently considering a similar case of another Missouri death row inmate with a rare medical condition that causes blood-filled tumors.
Both argue complications with their conditions and the execution drug could lead to cruel and unusual punishment. |
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Supreme Court rejects Trump plea to enforce asylum ban
Legal Interview |
2018/12/24 04:19
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A divided Supreme Court won’t let the Trump administration begin enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling against the administration in the very case in which President Donald Trump had derided the “Obama judge” who first blocked the asylum policy.
New Justice Brett Kavanaugh and three other conservative justices sided with the administration. There were no opinions explaining either side’s votes.
The court’s order leaves in place lower court rulings that blocked Trump’s proclamation in November automatically denying asylum to people who enter the country from Mexico without going through official border crossings.
Trump said he was acting in response to caravans of migrants making their way to the border. The administration had also complained that the nationwide order preventing the policy from taking effect was too broad. But the court also rejected the administration’s suggestion for narrowing it.
Lee Gelernt, an American Civil Liberties Union leading the court challenge, said the high court’s decision “will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process.”
The high court action followed a ruling Wednesday by U.S. District Judge Jon Tigar that kept the ban on hold pending the outcome of a lawsuit challenging it. The case could take months to resolve.
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Fight over report on Wynn allegations back in court Jan. 4
Legal Interview |
2018/12/22 04:19
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The fight over a Massachusetts Gaming Commission report on allegations of sexual misconduct against former casino mogul Steve Wynn will be back in a Nevada courtroom next month.
Clark County District Judge Elizabeth Gonzalez on Thursday set a Jan. 4 court hearing on whether to extend an order blocking the report's release. It details an investigation into how Wynn Resorts handled the allegations and could affect whether the company keeps a gambling license for a $2 billion casino and hotel set to open near Boston in June.
Wynn has denied allegations of misconduct and sued last month to keep the report from going public. He argued that it contains confidential information obtained from his attorneys, which is protected by attorney-client privilege.
Wynn resigned from his company in February, and his name has been stripped from the new casino. It is now called Encore Boston Harbor.
Wynn Resorts attorney Patrick Byrne said Thursday that the company supports the investigation and is cooperating with Massachusetts regulators.
Ahead of the January hearing, Wynn's attorneys are negotiating with Wynn Resorts and the Massachusetts Gaming Commission over what interviews and documents his lawyers can review to determine if they're privileged.
The Nevada judge is expected to rule on areas where the attorneys can't agree.
The gaming commission's attorney, Michael Rawlins, questioned how much access Wynn should be given and whether the ex-mogul's lawyers would seek to review even more elements of the unpublished report.
Rawlins said in court Thursday that the commission wants to move forward quickly but "we do not want to open the investigative files of a law enforcement agency to the curious eyes of the person whose behavior is the subject of the investigation."
Judge Gonzalez said she understood why the commission was reluctant to share its information but that some documents needed to be disclosed to determine whether Wynn's attorney-client privilege was violated. |
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Colorado baker returns to court over 2nd LGBT bias allegation
Legal Interview |
2018/12/16 02:49
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Attorneys for a Colorado baker who refused to make a wedding cake for a gay couple on religious grounds — a stand partially upheld by the U.S. Supreme Court — argued in federal court Tuesday that the state is punishing him again over his refusal to bake a cake celebrating a gender transition.
Lawyers for Jack Phillips, owner of Masterpiece Cakeshop in suburban Denver, are suing to try to stop the state from taking action against him over the new discrimination allegation. They say the state is treating Phillips with hostility because of his Christian faith and pressing a complaint that they call an "obvious setup."
"At this point, he's just a guy who is trying to get back to life. The problem is the state of Colorado won't let him," Jim Campbell, an attorney for the Alliance Defending Freedom, said after the hearing. The conservative Christian nonprofit law firm is representing Phillips.
State officials argued for the case to be dismissed, but the judge said he was inclined to let the case move forward and would issue a written ruling later.
The Colorado Civil Rights Commission said Phillips discriminated against Denver attorney Autumn Scardina because she's transgender. Phillips' shop refused to make a cake last year that was blue on the outside and pink on the inside after Scardina revealed she wanted it to celebrate her transition from male to female.
She asked for the cake on the same day the U.S. Supreme Court announced it would consider Phillips' appeal of the previous commission ruling against him. In that 2012 case, he refused to make a wedding cake for same-sex couple Charlie Craig and Dave Mullins.
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