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In Supreme Court loss, death penalty foes see an opening
U.S. Court News |
2015/07/02 11:39
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A strongly worded dissent in the U.S. Supreme Court's narrow decision this week upholding the use of an execution drug offered a glimmer of hope to death penalty opponents in what they considered otherwise a gloomy ruling. One advocate went so far Tuesday as to call it a blueprint for a fresh attack on the legality of capital punishment itself.
But even those who see Justice Stephen Breyer's dissent as a silver lining think it will take time to mount a viable challenge.
And Breyer's words don't change the fact that the Supreme Court has consistently upheld capital punishment for nearly four decades. The five justices forming the majority in Monday's decision made it clear they feel that states must somehow be able to carry out the death penalty.
In disagreeing with the 5-4 ruling that approved Oklahoma's use of an execution drug, Breyer, joined by Justice Ruth Bader Ginsburg, called it "highly likely that the death penalty violates the Eighth Amendment," which protects against cruel and unusual punishment.
"It was a sweeping and powerful dissent that issues an invitation that we should accept, which is to make the case for why today the death penalty itself is no longer constitutional," said Cassandra Stubbs, director of the Capital Punishment Project of the American Civil Liberties Union. |
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Huguely files appeal request with U.S. Supreme Court
U.S. Court News |
2015/06/21 16:07
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A former University of Virginia lacrosse player is taking his last shot at overturning his conviction for the 2010 murder of his former girlfriend.
Counsel for George Huguely V has filed a petition with the U.S. Supreme Court seeking a judicial review of the case against their client. Huguely was convicted in 2012 of the second-degree murder of Yeardley Love, also a UVa student and member of the women’s lacrosse team, for which he was sentenced to 23 years in prison.
Huguely, now 27, has since appealed the conviction on the grounds that his Sixth Amendment rights were violated when one of his two attorneys fell ill and could not be present in the courtroom nine days into his trial. Though his other attorney said he would be able to continue, Huguely asked the judge to delay the case until both of his attorneys could be present, but that request was denied.
Counsel for Huguely has argued that their client’s right to competent assistance was violated when he could not have both lawyers present in the courtroom. The petition filed Friday asks the court to “reaffirm the core of the Sixth Amendment right of a criminal defendant to have his choice of counsel by his side throughout the trial proceedings.”
“[Huguely’s] distinct interest in receiving not just competent assistance, but assistance from both his counsels of choice was given no weight,” the petition states.
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Supreme Court to hear Texas Senate districts case
U.S. Court News |
2015/06/04 01:06
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The Supreme Court agreed Tuesday to hear an important case about whether states must count only those who are eligible to vote, rather than the total population, when drawing electoral districts for their legislatures.
The case from Texas could be significant for states with large immigrant populations, including Latinos who are children or not citizens. The state bases its electoral districts on a count of the total population, including non-citizens and those who aren't old enough to vote.
But those challenging that system argue that it violates the constitutional requirement of one person, one vote. They claim that taking account of total population can lead to vast differences in the number of voters in particular districts, along with corresponding differences in the power of those voters.
A ruling for the challengers would shift more power to rural areas and away from urban districts in which there are large populations of immigrants who are not eligible to vote because they are children or not citizens. Latinos have been the fasting growing segment of Texas' population and Latino children, in particular, have outpaced those of other groups, according to census data.
"And because urban areas are more Democratic, the ruling could help Republicans," said Richard Hasen, an expert on election law at the University of California-Irvine law school.
The Project on Fair Representation is funding the lawsuit filed by two Texas residents. The group opposes racial and ethnic classifications and has been behind Supreme Court challenges to affirmative action and the federal Voting Rights Act.
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High court won't hear appeal over Walker campaign probe
U.S. Court News |
2015/05/18 15:34
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The Supreme Court won't hear an appeal from a conservative group seeking to end an investigation into possible illegal coordination between Wisconsin Gov. Scott Walker's 2012 recall campaign and independent groups.
The justices on Monday let stand an appeals court ruling that said Wisconsin Club for Growth and its director, Eric O'Keefe, must resolve their claims in state courts.
No one has been charged as a result of the investigation which has sought documents and testimony about possible violation of state campaign finance laws.
The investigation is on hold while a separate legal challenge is pending before the Wisconsin Supreme Court.
The club and O'Keefe argued that the investigation was a violation of their First Amendment rights and an attempt to criminalize political speech.
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