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Missouri Supreme Court rejects request to stop execution
Legal Line News |
2017/08/14 23:56
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The Missouri Supreme Court on Tuesday denied a motion from attorneys seeking to halt the execution of a man scheduled to die next week but did not explain its decision.
Attorneys for Marcellus Williams had asked the state Supreme Court and Gov. Eric Greitens to stop the punishment, citing DNA evidence that they say exonerates him. Williams, 48, is scheduled to die by injection Aug. 22 for fatally stabbing former St. Louis Post-Dispatch reporter Lisha Gayle in 1998 during a robbery at her University City home.
In a filing to the Missouri Supreme Court and a clemency request to the Republican governor, Williams' attorneys said testing conducted in December using techniques that were not available at the time of the killing shows DNA found on the knife matches an unknown man, but not Williams.
"That means in our mind the actual killer is not him," one of Williams' lawyers, Kent Gipson, told The Associated Press in a phone interview Tuesday ahead of the court's decision. "It certainly would give most reasonable people pause to say, 'Should you be executing somebody when you've got reasonable evidence suggesting another man did it?'"
After the ruling, Gipson told St. Louis Public Radio that he was surprised by the quick decision and planned to appeal to the U.S. Supreme Court.
"Certainly something involving a claim of innocence that is this substantial, you would think they would at least write an opinion or at least a short opinion giving the reasons why they denied it," Gipson said, "because that makes it more difficult to take it up to a higher court because they don't know exactly on what basis the ruling was made."
Loree Anne Paradise, a spokeswoman for Attorney General Josh Hawley, said the office remains confident that Williams is guilty based on other evidence in the case. Greitens' spokesman, Parker Briden, declined comment, saying only that the claim will need further review.
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Former Pakistan PM challenges disqualification by court
U.S. Court News |
2017/08/14 23:56
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A Pakistani official says former Prime Minister Nawaz Sharif has filed petitions with the Supreme Court to challenge his disqualification and removal from office.
Environment Minister Mushahidullah Khan, who is in Sharif's party, said Tuesday that the former prime minister's lawyers filed three petitions to review the verdict.
The court disqualified Sharif after documents leaked from a Panama-based law firm showed that his family held previously undisclosed overseas assets. A five-judge panel last month disqualified Sharif, accusing him of concealing assets.
Last week Sharif held a series of rallies across the country, criticizing the court ruling and seeking to whip up popular support.
German court sends ECB challenge to European court
Germany's top court has declined to hear a series of challenges to the European Central Bank's bond-buying stimulus program, referring them instead to the European Court of Justice.
The dpa news agency reports Tuesday that those against the program claimed it constituted illegal budget financing and that Germany's central bank should not be participating.
The Federal Constitutional Court ruled that because the challenge was about European Union regulations, it was up to the European court to decide.
The ECB's 2.28 trillion euro ($2.7 trillion) bond-purchasing program is only due to run through 2017, raising the question of whether the case can be heard before the program has already ended.
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Mizzou's Howard arrested again for failing to appear in court
Law Firm Press |
2017/08/11 23:57
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Missouri defensive end Nate Howard, already suspended and facing a felony drug charge, was arrested again Monday night by UMPD for an out-of-county warrant for failing to appear in court for a speeding ticket in Montgomery County.
Howard had a ticket arraignment scheduled for last Thursday in Montgomery Circuit Court for a misdemeanor speeding ticket filed March 28. Howard didn't pay the ticket for $121 or appear in court to contest the charge, according to online court records.
Howard was contacted during a traffic stop Monday when MU police discovered the warrant, MUPD Lt. Buddy Anliker said in an email.
Howard's next court date in his felony drug possession case is Aug. 24. Howard, a former All-Metro standout at Ladue High School, was arrested June 14 in Columbia on suspicion of possession of a controlled substance and suspicion of marijuana possession when police found illegal mushrooms and marijuana in the vehicle he was driving. Howard has been charged with a class D felony for possession of a controlled substance. All MU athletes charged with a felony are suspended indefinitely until their case is resolved.
Howard has not practiced with the Tigers since the spring and is not on the current 105-man roster. Howard has 15 tackles in 15 career games.
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A Supreme Court pharma case deals consumers a big loss
U.S. Court News |
2017/08/11 23:57
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In the war being waged by large corporations against individual rights — and, yes, it is a war — a potentially decisive battle was recently fought. It will come as little surprise to any informed observer of American society that it was not the little guy who won.
The U.S. Supreme Court case of Bristol-Myers Squibb Co. vs. Superior Court of California, which was decided in favor of BMS in June, may seem like an arcane question of legal jurisdiction. It’s anything but.
The case centered on a drug called Plavix that BMS developed. Plavix, also known by its generic name, clopidogrel, is an anti-platelet used to prevent blood from clotting inside blood vessels. Ever since the drug was approved by the FDA in 1997, thousands of people have claimed that it caused them gastrointestinal bleeding, severe bleeding from relatively minor cuts, and even brain damage.
Even though the company had significant business activities in California, as well as sales of Plavix and other drugs, a contract with a California distributor to distribute Plavix nationally, and employed hundreds of people in the state, BMS argued that California state courts could not exercise “personal jurisdiction” over the company for claims brought on behalf of people who lived, used Plavix, and were allegedly injured by the drug outside of California.
The Supreme Court’s ruling in favor of BMS is a staggering blow for millions of Americans harmed each year by the reckless and abusive behavior of pharmaceutical companies. The decision raises an almost insurmountably high hurdle between victims and their hopes for obtaining justice in state courts throughout the country.
By foreclosing to plaintiffs’ state court venues other than those where these companies are “at home” — generally meaning where they are headquartered or incorporated — the Supreme Court has placed an almost impossible burden on state court litigants. They will now be forced to sue in far-off courts, convince experts to travel out of state to testify, and shuttle between their home states and wherever the drug company is at home. Their alternative will be pursing claims in federal court — but still also likely in a different state — where they will be subject to different laws, rules, and standards to prove their claims.
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