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Court turns down appeal for Harvey family killer
Court and Trial |
2015/12/25 16:57
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A federal appeals court won't rehear the case of a man sentenced to death in the New Year's Day 2006 slaying of a Richmond family.
Lawyers for Ricky Jovan Gray had asked the 15-member U.S. Circuit Court of Appeals to rehear claims that were rejected by a three-judge panel two weeks ago. The court rejected Gray's request on Tuesday.
Rob Lee, an attorney for Gray, says he now intends to ask the U.S. Supreme Court to review the case.
Gray was convicted in the slayings of Bryan and Kathryn Harvey and their daughters, 9-year-old Stella and 4-year-old Ruby.
The 38-year-old claims his trial attorneys failed to present evidence that might have cast doubts on his confession and by not telling jurors that he was high on PCP during the murders.
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Florida Supreme Court denies stay of execution
Court and Trial |
2015/12/24 16:56
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The Florida Supreme Court has denied a stay of execution for a 53-year-old convicted killer from the Tampa Bay area. The court's late Wednesday decision regarding the case of Oscar Ray Bolin was posted on its website Thursday morning. The court did not offer any explanation or discussion for its ruling.
Oscar Ray Bolin is scheduled for execution on Jan. 7. He and his lawyers filed a motion Tuesday with the state's highest court, saying that he plans to appeal to the U.S. Supreme Court.
On Dec. 17, the state court denied Bolin's appeal based on alleged new evidence. The court ruled Bolin should be put to death for the December 1986 murder of Teri Lynn Matthews. Matthews was abducted in Pasco County, raped and then beaten and fatally stabbed.
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Alabama Supreme Court sets Jan. 21 execution for Brooks
Court and Trial |
2015/11/24 12:05
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The Alabama Supreme Court has set a Jan. 21 execution date for a man convicted of raping and murdering a woman more than 20 years ago.
If carried out, the death sentence against Christopher Brooks would mark Alabama's first execution in more than two years.
Justices handed down the order Monday setting the execution date. A federal judge on Monday also allowed Brooks to join a lawsuit filed by death row inmates challenging the state's new lethal injection drug combination as cruel and unusual punishment.
U.S. District Judge Keith Watkins said that Brooks has until Dec. 4 to file for a stay of execution.
Brooks was convicted for the 1993 murder and rape of Deann Campbell of Homewood. |
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Federal Court Rules Wisconsin Abortion Law Unconstitutional
Court and Trial |
2015/11/24 12:05
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A Wisconsin law that requires abortion providers to get admitting privileges at nearby hospitals is unconstitutional, a federal appeals court panel ruled Monday.
The 7th U.S. Circuit Court of Appeals panel's 2-1 decision doesn't put the question to rest. Nearly a dozen states have imposed similar requirements on abortion providers, and the U.S. Supreme Court agreed last week to hear a challenge to Texas' law in a case that could settle the issue nationally.
The Wisconsin case centers on a lawsuit filed by Planned Parenthood and Affiliated Medical Services. The groups argue that the 2013 law amounts to an unconstitutional restriction on abortion.
The law's supporters counter the Republican-backed statutes would ensure continuity of care if a woman developed complications from an abortion and needed to be hospitalized. But the lawsuit said the statute would force AMS's clinic in Milwaukee to close because its doctors couldn't get admitting privileges. That in turn would lead to longer waits at Planned Parenthood clinics. Therefore, the lawsuit maintained, the law amounts to an illegal restriction on abortions.
U.S. District Judge William Conley sided with the abortion providers in March, saying the law served no legitimate health interest. The Wisconsin Department of Justice later appealed to the 7th Circuit.
Writing for the 7th Circuit majority, Judge Richard Posner called the contention that the law would protect women's health "nonexistent." He said the law would put more women in danger by increasing |
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Court deals Arizona sheriff a defeat in profiling case
Court and Trial |
2015/04/16 10:49
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The sheriff for metro Phoenix on Wednesday lost a bid to overturn a 2013 racial profiling ruling that blunted his signature immigration enforcement efforts and represents the thorniest legal troubles the defiant lawman has faced in his 22-year career.
The decision by the 9th Circuit Court of Appeals marks the latest in a long string of defeats for Sheriff Joe Arpaio in the case in which his officers were found to have racially profiled Latinos.
Arpaio and four aides face hearings beginning Tuesday on whether they should be held in contempt of court for violating a 2011 order by a judge who barred Arpaio's immigration patrols.
The sheriff has acknowledged the violation and offered to make a donation a civil rights group to make amends for disobeying court orders.
Arpaio, who voluntarily gave up his last major foothold in immigration enforcement late last year, vigorously disputes that his officers have racially profiled Latinos.
Over the past year, the judge in the profiling case has grown increasingly frustrated with the sheriff's office for mischaracterizing his profiling ruling during a training session and over what the judge said were inadequate internal investigations into wrongdoing by Arpaio's squad working immigrant smuggling cases.
The 9th Circuit upheld the previous ruling by U.S. District Judge Murray Snow that the sheriff's unconstitutional practices targeting immigrants had extended traffic stops in the Phoenix area.
The appeals court also backed Snow's requirements that Arpaio's officers video-record traffic stops, collect data on stops and undergo training to ensure they aren't acting unconstitutionally.
Arpaio's sole victory in his appeal came when the appeals court reined in a court-appointed official who is investigating misconduct at the agency. |
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