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Court in Va. examines death row isolation policy
Court Watch |
2014/10/27 21:48
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Virginia's practice of automatically holding death row inmates in solitary confinement will be reviewed by a federal appeals court in a case that experts say could have repercussions beyond the state's borders.
U.S. District Judge Leonie Brinkema in Alexandria ruled last year that around-the-clock isolation of condemned inmates is so onerous that the Virginia Department of Corrections must assess its necessity on a case-by-case basis. Failure to do so, she said, violates the inmates' due process rights.
The state appealed, arguing that the courts should defer to the judgment of prison officials on safety issues. A three-judge panel of the 4th U.S. Circuit Court of Appeals will hear arguments Tuesday.
The lawsuit was filed by Alfredo Prieto, who was on California's death row for raping and murdering a 15-year-old girl when a DNA sample connected him to the 1988 slayings of George Washington University students Rachel Raver and Warren Fulton III in Reston. He also was sentenced to death in Virginia, where he has spent most of the last six years alone in a 71-square-foot cell at the Sussex I State Prison.
Some capital punishment experts say a victory by Prieto could prompt similar lawsuits by death row inmates elsewhere.
"It gives them a road map," said northern Virginia defense attorney Jonathan Sheldon, who noted that the due process claim succeeded where allegations of cruel and unusual punishment have routinely failed. "It's not that common to challenge conditions of confinement on due process grounds." |
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Massachusetts Real Estate Attorney
Attorney News |
2014/10/22 20:21
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For more than 30 years, Attorney Alan H. Segal has been lending legal expertise to the Greater Boston Massachusetts area from his Needham, Massachusetts Law Office. With great attentiveness, Alan and his associates have given legal consultation in business law, estate planning, and Massachusetts real estate law.
You can find Alan on the radio, cable, and local television sharing his ideas about current legal news. Navigating your way through the legal system can be a confusing and difficult task. He and his staff know that and want to be there for you as "YOUR LAWYER".
To visit the Law Office of Alan H. Segal, head to the intersection of Highland Ave and Route 128/95 on the Newton / Needham border, next to Staples.
Attorney Alan H. Segal has been known as a renowned Massachusetts real estate attorney for over 30 years. Sellers, buyers, and lenders of Massachusetts real estate property are all represented by his practice.
It is prudent to seek the guidance of a real estate agent like Alan to help with all real estate home buying in Massachusetts, as all such transactions have legal issues and tax consequences.
If you need an experienced Massachusetts real estate attorney contact us today for a free and confidential consultation!
If you require an experienced real estate attorney in Massachusetts, contact us today! The consultation is confidential and free!
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Court justice suspended over role in porn scandal
Attorney News |
2014/10/22 20:20
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The Pennsylvania Supreme Court on Monday suspended one of its members over his participation in a state government pornographic email scandal that involved employees of the attorney general's office.
The court justices issued an order saying Justice Seamus McCaffery may not perform any judicial or administrative duties while the matter is reviewed by the Judicial Conduct Board, which investigates allegations of judicial misconduct.
The main order also noted allegations about McCaffery's actions related to a traffic citation received by his wife, who is a lawyer, and referral fees she obtained while working for him as an administrative assistant. It also noted he "may have attempted to exert influence over a judicial assignment" in Philadelphia.
The Judicial Conduct Board was given a month to determine whether there is probable cause to file a misconduct charge against McCaffery, a Philadelphia Democrat elected to the seven-member bench in 2007.
McCaffery's lawyer, Dion Rassias, said they were confident he will be cleared and will soon return to the bench.
The court's action followed disclosures last week by Chief Justice Ronald Castille, a Republican, that McCaffery had sent or received 234 emails with sexually explicit content or pornography from late 2008 to May 2012. McCaffery apologized, calling it a lapse in judgment, but blasted Castille for "a vindictive pattern of attacks" against him.
A third justice, Michael Eakin, also a Republican, on Friday went public with a claim McCaffery had threatened to leak "inappropriate" emails Eakin had received if he didn't side with McCaffery against Castille.
McCaffery denied threatening Eakin, who reported the matter to the Judicial Conduct Board. Neither Eakin nor McCaffery participated in the court's decision.
Castille was among the four justices voting to suspend McCaffery with pay, along with Max Baer, Corry Stevens and Thomas Saylor. Justice Debra Todd dissented, saying she would have referred the matter, including the question of suspension, to the Judicial Conduct Board.
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US high court: Who best judges fair competition?
Court Line |
2014/10/13 23:29
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The U.S. Supreme Court is set to hear a North Carolina case over whether U.S. states can delegate the regulation of professions such as dentistry, plumbing, cosmetology and more to boards of practitioners drawn from those occupations.
The issue set for a hearing before the justices Tuesday is whether state-established boards such as those for dentists, veterinarians, doctors and cosmetologists can regulate their occupations without fear of running afoul of federal antitrust laws.
The specific case before the court involves a 2007 decision by the North Carolina Board of Dental Examiners warning operators of teeth-whitening kiosks in malls and tanning salons that they were practicing dentistry without a license. The Federal Trade Commission has said that state's dental board engaged in unfair competition in the market for teeth-whitening services.
"Almost everyone from a plumber to the best heart surgeon in the country is affected by one of these boards. Anyone who uses their services is affected by these boards," said Lisa Soronen, executive director of the State & Local Legal Center. That group represents public officials from governors to city council members.
The number of occupations that set educational requirements and other qualifications for work in a field ranges from dozens to hundreds, depending on the state. The issue is becoming increasingly important as more jobs in the growing service sector require licenses. |
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U.S. Supreme Court blocks Wisconsin voter ID law
Attorney News |
2014/10/13 23:27
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The U.S. Supreme Court on Thursday blocked Wisconsin from implementing a law requiring voters to present photo IDs, overturning a lower court decision that would have put the law in place for the November election.
The 7th U.S. Circuit Court of Appeals declared the law constitutional on Monday. The American Civil Liberties Union followed that up the next day with an emergency request to the Supreme Court asking it to block the ruling.
On Thursday night, the U.S. Supreme Court did so, issuing a one-page order that vacated the appeals court ruling pending further proceedings. Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented, saying the application should have been denied because there was no indication that the 7th Circuit had demonstrably erred.
The voter photo identification law has been a political flashpoint since Republican legislators passed it in 2011. The GOP argues the mandate is a common sense step toward reducing election fraud. Democrats maintain no widespread fraud exists and that the law is really an attempt to keep Democratic constituents who may lack ID, such as the poor, minorities and the elderly, from voting.
The law was in effect for the February 2012 primary but subsequent legal challenges put it on hold and it hasn't been in place for any election since.
The ACLU and allied groups persuaded a federal judge in Milwaukee to declare the law unconstitutional in April.
Republican Attorney General J.B. Van Hollen asked the 7th U.S. Circuit Court of Appeals to overturn the decision. A three-judge panel ruled last month that the state could implement the law while it considered the merits of the case, sparking outrage from the ACLU, its allies and Democrats who contended that state election officials couldn't re-implement the law in time for the Nov. 4 elections and that chaos would reign at the polls.
A flurry of legal jousting ensued. The ACLU asked the Supreme Court last week to take emergency action to block the appeals panel's decision. On Monday the 7th Circuit issued a full ruling declaring the law constitutional, a decision that was all but certain given the initial order allowing the state to move ahead, promoting the ACLU to follow Tuesday with another emergency request to the Supreme Court. |
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