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Trump repeats criticism of court that halted 1st travel ban
Court News | 2017/04/29 04:49
President Donald Trump is once again taking aim at a federal appeals court district that covers Western states, saying he is considering breaking up a circuit that is a longtime target of Republicans and is where his first travel ban was halted.

Yet it would take congressional action to break up the 9th U.S. Circuit Court of Appeals. Republicans have introduced bills this year to do just that.

Asked Wednesday during a White House interview by the Washington Examiner if he'd thought about proposals to break up the court, Trump replied, "Absolutely, I have."

"There are many people that want to break up the 9th Circuit. It's outrageous," he told the Examiner. He accused critics of appealing to the 9th district "because they know that's like, semi-automatic."

The comments echoed his Twitter criticism of the court Wednesday morning.

Trump called U.S. District Judge William Orrick's preliminary injunction against his order stripping money from so-called sanctuary cities "ridiculous" on Twitter. He said he planned to take that case to the Supreme Court. However, an administration appeal of the district court's decision must go first to the 9th Circuit.

Republicans have talked for years about splitting the circuit into two appellate courts, but earlier legislative proposals have failed, most recently in 2005. Those battles have often pitted lawmakers from California against members from smaller, more conservative states.

Critics say the court has a liberal slant, a high caseload and distances that are too far for judges to travel. The circuit is the largest of the federal appellate courts, representing 20 percent of the U.S. population. It includes California, Alaska, Hawaii, Washington, Oregon, Montana, Idaho, Nevada, Arizona, Guam and the Northern Mariana Islands.

The circuit has 29 judges, many more than the 5th, which is the next largest circuit with 17 judges. It was created in 1891 when the American West was much less populated.

Democrats have opposed the split. Sen. Dianne Feinstein, D-Calif., was a leading opponent in the 2005 push, which she said was politically motivated. She has suggested adding judges to the court instead.


4th Arkansas inmate executed in 8 days lurches on gurney
Law Firm News | 2017/04/27 04:48
Arkansas executed its fourth inmate in eight days Thursday night, wrapping up an accelerated schedule with a lethal injection that left the prisoner lurching and convulsing 20 times before he died.

Kenneth Williams, 38, was pronounced dead at 11:05 p.m., 13 minutes after the execution began at the Cummins Unit prison at Varner.

Arkansas had scheduled eight executions over an 11-day period before one of its lethal injection drugs expires on Sunday. That would have been the most in such a compressed period since the U.S. Supreme Court reinstated the death penalty in 1976, but courts issued stays for four of the inmates.

The four lethal injections that were carried out included Monday's first double execution in the United States since 2000.

"I extend my sincerest of apologies to the families I have senselessly wronged and deprived of their loved ones," Williams said in a final statement he read from the death chamber. "... I was more than wrong. The crimes I perpetrated against you all was senseless, extremely hurtful and inexcusable."

Williams also spoke in tongues, the unintelligible but language-like speech used in some religions. But his prayer faded off as the sedative midazolam took effect. His final words were, "The words that I speak will forever be, will forever ..." before he fell silent.

The inmate breathed heavily through his nose until just after three minutes into his execution, when his chest leaped forward in a series of what seemed like involuntary movements. His right hand never clenched and his face remained what one media witness called "serene."

After the jerking, Williams breathed through his mouth and moaned or groaned once — during a consciousness check — until falling still seven minutes into the lethal injection.

Williams was sentenced to death for killing a former deputy warden, Cecil Boren, after he escaped from prison in 1999. At the time of his escape in a 500-gallon barrel of hog slop, Williams was less than three weeks into a life term for the death of a college cheerleader.



White officer headed to court ahead of civil rights trial
U.S. Court News | 2017/04/22 16:39
A white former South Carolina police officer charged in the death of an unarmed black motorist is expected in court as his federal trial approaches.

A motions hearing is scheduled Friday in the case against 35-year-old Michael Slager.

Slager's federal civil rights trial in the death of 50-year-old Walter Scott starts next month. Another hearing is scheduled for Monday, when attorneys will discuss the admission of certain experts to testify.

Last month, a federal judge ruled prosecutors may show jurors video of the former North Charleston officer shooting Scott. The bystander's cellphone video was viewed millions of times around the world.

Slager also faces murder charges in state court, where his first trial ended in a hung jury. His retrial is scheduled for August.

Court formally throws out more than 21K tainted drug cases

The highest court in Massachusetts has formally approved the dismissal of more than 21,000 drug convictions that were tainted by the misconduct of a former state drug lab chemist.

The American Civil Liberties Union of Massachusetts says the final order from the Supreme Judicial Court on Thursday marks the single largest dismissal of convictions in U.S. history.

The action by the court was expected after seven district attorneys in eastern Massachusetts submitted lists on Tuesday totaling 21,587 cases they would be unwilling or unable to prosecute if new trials were ordered.

The cases were called into question when chemist Annie Dookhan was charged with tampering with evidence and falsifying drug tests. Dookhan pleaded guilty to perjury and other charges in 2013 and served a three-year prison sentence.



Fresno killings suspect shouts out during 1st court hearing
Legal News | 2017/04/22 16:39
The suspect in this week's racially motivated shooting rampage in Fresno shouted Friday that natural disasters will increasingly hit the United States as he was ushered into a cramped courtroom for his first appearance before a judge.

Kori Ali Muhammad, 39, was supposed to be officially informed about the first-degree murder charge he is accused of in the shooting death of an unarmed security guard.

Authorities have said he then killed three more people in the rampage, targeting white victims, before he was caught.

But the reading of the charge never happened because Muhammad had another outburst, yelling "Let black people go" and a phrase similar to "in reparations" that was not clearly enunciated.

His court appointed lawyer, Eric Christensen, then told the judge: "I believe this gentleman may not be mentally competent to proceed."

Muhammad yelled again and the judge canceled the proceedings, setting bail at $2.6 million and ordering a mental evaluation for Muhammad.

Police have said Muhammad told them that learning he was wanted for the Williams' killing prompted him to try to kill as many white people as possible before he was caught.

He shot three other white men at random Tuesday, police said, including a Pacific Gas & Electric utility worker sitting in a truck and two men who had come out of a Catholic Charities building.




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