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Court tosses Sivak's death sentence
Court Issues |
2011/09/08 07:35
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The 9th U.S. Circuit Court of Appeals has reversed the death sentence of an Idaho man convicted of brutally slaying a former coworker because the state allowed a jailhouse informant to lie on the witness stand.
Lacey Mark Sivak was sentenced to death for the 1981 murder of Dixie Wilson at the Baird Oil gas station in Garden City. In a ruling handed down Wednesday, the appellate court said that while Sivak's murder conviction was appropriate, the outcome of his sentencing hearing might have been different if prosecutors hadn't knowingly presented the testimony of an inmate who lied on the stand.
Still, the appellate court said state attorneys may decide to hold a new sentencing hearing if they still want to seek the death penalty for Sivak's crimes. |
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Court to hear appeal over medicating Loughner
Court Issues |
2011/08/30 16:34
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An appeals court will hear arguments Tuesday over a request to permanently ban prison officials from forcibly medicating the Tucson shooting rampage suspect with psychotropic drugs.
At issue in Jared Loughner's appeal before the 9th Circuit Court of Appeal is whether prison officials or a judge should decide whether a mentally ill person who poses a danger in prison should be forcibly medicated.
Prosecutors say the decision is for prison officials to make, while Loughner's lawyers say it's up to a judge.
Loughner pleaded not guilty to 49 charges in the Jan. 8 shooting that killed six people and wounded 13 others, including Rep. Gabrielle Giffords.
He has been at a Missouri prison facility since late May in a bid to make him mentally fit to stand trial. |
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Judge to hear arguments over Loughner's medication
Court Issues |
2011/08/25 17:18
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Attorneys for the Tucson shooting rampage suspect are making another attempt to stop the forced medication of their client at the Missouri prison facility where mental health experts are trying to make him psychologically fit to stand trial.
A federal judge will hear arguments Friday over a request by Jared Lee Loughner's defense team to halt the pychotropic drug medications.
U.S. District Judge Larry Burns rejected a similar request by Loughner's attorneys in late June. The 9th Circuit Court of Appeal halted the medication but later allowed it to resume after prison officials determined Loughner's outbursts there posed a danger.
Loughner has pleaded not guilty to 49 charges in the Jan. 8 shooting that killed six people and wounded 13 others, including Rep. Gabrielle Giffords.
He has been at a federal prison facility in Springfield, Mo., since late May after mental health experts determined he suffers from schizophrenia. A judge ruled him mentally unfit to stand trial. |
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Court rules Ventas may immediately collect $102M
Court Issues |
2011/08/23 14:36
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Health care real estate investment trust Ventas Inc. said a federal court has ruled it can immediately collect $102 million in damages awarded by a federal jury in 2009 in a judgment against HCP Inc.
The two companies had agreed to delay payment of the funds while HCP appealed the decision. In May, the U.S. 6th Circuit Court of Appeals upheld the judgment and ordered a second trial to decide punitive damages. Those proceedings are set to begin in February.
Ventas, based in Chicago, said late Monday that the U.S. District Court for the Western District of Kentucky ruled that HCP could not further delay enforcement of the judgment. In the case, Ventas accused HCP of driving up the purchase price of Sunrise Senior Living real estate investment trust.
HCP of Long Beach, Calif., said in a separate statement it will promptly pay the $102 million. It had accrued the full amount in the third quarter of 2009, and the payment will have no additional impact on its earnings.
Ventas operates a portfolio of senior housing communities, skilled nursing facilities, hospitals, medical office buildings and other properties in 47 states and two Canadian provinces. |
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