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Federal court reverses man's murder conviction
Legal Opinions |
2013/09/30 20:33
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A federal court has reversed a Southern California man's conviction in the bludgeoning death of his wife.
The Orange County Register reports that a three-judge panel for the 9th U.S. Circuit Court of Appeals ruled this week that 75-year-old Marvin Vernis Smith didn't receive a fair trial.
A jury found Smith guilty of murdering his wife 66-year-old Minnie Smith in 2007. She was found dead in their Cypress home, bludgeoned to death in the head and face with a metal fireplace log roller on Dec. 15, 2005.
The court ruled that a jury instruction violated Smith's right to receive proper notice of charges against him and prepare a defense.
The district attorney's office will request that the state attorney general ask the U.S. Supreme Court to review the decision. |
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Battle between SC Episcopalians back state court
Legal Opinions |
2013/06/11 16:05
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The legal fight between two factions of South Carolina Episcopalians will be decided in state court.
U.S. District Judge C. Weston Houck has issued an order saying the federal court has no jurisdiction and hearing the case would disrupt the balance between state and federal courts. Houck heard arguments in the dispute last week.
The conservative Diocese of South Carolina last year separated from the more liberal national Episcopal Church. The break-away churches then sued in state court to protect the use of the name and a half billion dollars' worth of property.
Parishes remaining with the national church then sued in federal court saying the case raised First Amendment and other federal issues.
But Houck disagreed and late Monday sent the case back to state court. |
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Brazil's first black Supreme Court president
Legal Opinions |
2012/11/27 03:19
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Brazil's Supreme Court is now headed by a black justice for the first time.
Joaquim Barbosa was sworn in on Thursday. He became the only black ever to serve on the court when he joined it in 2003, even though more than half of the country's 192 million people identify themselves as having African descent.
Barbosa, 58, was elected in October to a two-year tenure as Supreme Court president. His election was a foregone conclusion since the court's presidency always goes to the justice who has served on the bench the longest.
Over the past several weeks he gained national and international renown presiding over a high-profile corruption trial involving a congressional cash-for-votes scheme. The court has convicted 25 people including the former chief of staff of ex-President Luiz Inacio Lula da Silva.
President Dilma Rousseff, members of her Cabinet, state governors, congressional leaders and several sports and entertainment personalities were present at Barbosa's swearing in.
"The multiculturalism that characterizes the Brazilian people is evident here today with Joaquim Barbosa heading the highest court of the land," said Ophir Cavalcante, president of the Brazilian Bar Association in a speech during the swearing in ceremony. |
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Campaigns lawyered up for election overtime chance
Legal Opinions |
2012/11/06 19:12
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Legions of lawyers are ready to enter the fray in case Election Day turns on a legal challenge. One nightmare scenario would be for the results in a battleground state like Florida or Ohio to be too close to call, with thousands of absentee or provisional ballots yet to be counted.
The key, experts say, is whether the difference in votes between the two candidates is within what's known as the "margin of litigation" — that is, the number of outstanding votes must be much greater than the margin separating Obama and Romney when the smoke clears. And, it must be in a state that's decisive.
"You'd have to have a state whose Electoral College votes are absolutely pivotal or there would have to be a massive problem involving voters," said Richard Hasen, law professor at the University of California, Irvine, and founding editor of the Election Law Journal. "There not only have to be problems in an election. They have to be widespread enough or the margin close enough that litigating would actually make a difference."
Legal and campaign officials on both sides say lawyers are poised at both the national level and in the key states to respond immediately if a court challenge is needed. The political parties have gained a lot of experience in legal fights over U.S. Senate and House seats. The last major legal battle over the presidency was the 2000 race, settled by the U.S. Supreme Court favoring George W. Bush over Al Gore. |
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