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Supreme Court pauses Alabama execution of convicted murderer
Legal Line News |
2016/12/22 00:36
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The U.S. Supreme Court late Thursday temporarily paused Alabama's plans to execute a man convicted of killing a convenience store clerk, after defense lawyers argued that a judge unfairly imposed the death penalty after a jury recommended life in prison.
The court had narrowly ruled just a short while earlier Thursday evening that the execution could proceed, although four liberal justices said they would have halted the execution. However, the court then issued a temporary stay — its second of the evening — as attorneys for the condemned inmate quickly sought a reconsideration after that narrow decision.
While the whirlwind of judicial activity unfolded, Ronald Bert Smith Jr., 45, remained steps away from the prison chamber where he was scheduled to receive a lethal injection Thursday evening for the Nov. 8, 1994, shooting death of Huntsville store clerk Casey Wilson. It would be Alabama's second execution this year if carried out. |
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Arkansas Court Upholds Gay Marriage Birth Certificate Law
Court News |
2016/12/21 00:36
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Arkansas' highest court on Thursday threw out a judge's ruling that could have allowed all married same-sex couples to get the names of both spouses on their children's birth certificates without a court order, saying it doesn't violate equal protection "to acknowledge basic biological truths."
The state Supreme Court also issued a rare admonishment to Pulaski County Circuit Judge Tim Fox, saying he made "inappropriate remarks" in his ruling that struck down the birth certificate law. Fox had cited the U.S. Supreme Court's decision legalizing gay marriage in his ruling last year that said married same-sex couples should have both names listed on their children's birth certificates, just as heterosexual married couples do, without requiring a court order.
In the state Supreme Court's decision Thursday, the justices sided with the state attorney general's office, saying Arkansas has a vested interest in listing biological parents on birth certificates.
"What is before this court is a narrow issue of whether the birth-certificate statutes as written deny the appellees due process," Justice Josephine Linker Hart wrote in the court's majority opinion. "...In the situation involving the female spouse of a biological mother, the female spouse does not have the same biological nexus to the child that the biological mother or the biological father has. It does not violate equal protection to acknowledge basic biological truths."
Cheryl Maples, who sued on behalf of three same-sex couples, said she hasn't decided yet whether to appeal to the U.S. Supreme Court. The three couples who sued were allowed to amend their children's birth certificates last year under a ruling issued by Fox. |
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Populist lawmaker Wilders convicted of anti-Moroccan chants
U.S. Court News |
2016/12/20 00:37
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Populist anti-Islam lawmaker Geert Wilders was found guilty Friday of insulting and inciting discrimination against Moroccans, a conviction he immediately slammed as a "shameful" attack on free speech and an attempt to "neutralize" him.
Presiding Judge Hendrik Steenhuis said the court would not impose a sentence because the conviction was punishment enough for a democratically elected lawmaker.
Wilders was not in court for the verdict that came just over three months before national elections. His Party for Freedom is narrowly leading a nationwide poll of polls and has risen in popularity during the trial.
Wilders quickly released a video message, in English and Dutch, slamming the judgment and vowing to appeal.
"Today, I was convicted in a political trial which, shortly before the elections, attempts to neutralize the leader of the largest and most popular opposition party," Wilders said. "They will not succeed."
Even before the hearing, Wilders had vowed not to be silenced. "Whatever the verdict, I will continue to speak the truth about the Moroccan problem, and no judge, politician or terrorist will stop me," he tweeted.
The politically charged prosecution centered on comments Wilders made before and after the Dutch municipal elections in 2014. At one meeting in a Hague cafe, he asked supporters whether they wanted more or fewer Moroccans in the Netherlands. That sparked a chant of "Fewer! Fewer! Fewer!" — to which he replied, "we'll take care of it."
Prosecutors say that Wilders, who in 2011 was acquitted at another hate speech trial for his outspoken criticism of Islam, overstepped the limits of free speech by specifically targeting Moroccans.
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Federal judge agrees to end Michigan recount after 3 days
Legal News |
2016/12/19 00:37
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A federal judge who ordered Michigan to begin its recount effectively ended it on Wednesday, tying his decision to a state court ruling that found Green Party candidate Jill Stein had no legal standing to request another look at ballots.
The ruling seals Republican Donald Trump's narrow victory over Democrat Hillary Clinton for Michigan's 16 electoral votes.
U.S. District Judge Mark Goldsmith agreed with Republicans who argued that the three-day recount must end a day after the state appeals court dealt a blow to the effort. The court said Stein, who finished fourth in Michigan on Nov. 8, didn't have a chance of winning even after a recount and therefore isn't an "aggrieved" candidate.
"Because there is no basis for this court to ignore the Michigan court's ruling and make an independent judgment regarding what the Michigan Legislature intended by the term 'aggrieved,' plaintiffs have not shown an entitlement to a recount," Goldsmith said.
It was the judge's midnight ruling Monday that started the recount in Michigan. But Goldsmith's order dealt with timing — not whether a recount was appropriate. More than 20 of 83 counties already were counting ballots again. They reported minor changes in vote totals, although many precincts couldn't be examined for a second time for a variety of reasons.
Earlier Wednesday, the Michigan elections board voted, 3-1, to end the recount if Goldsmith extinguished his earlier order.
State Republican Party Chairman Ronna Romney McDaniel and Attorney General Bill Schuette said it's a victory for voters and taxpayers. Stein now is left with asking the Michigan Supreme Court to intervene, which is a long shot.
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