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Judge won’t halt execution over intellectual disability
Attorney News |
2022/03/29 23:04
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A judge on Tuesday dismissed a motion to declare a Tennessee death row inmate intellectually disabled, a move that would have prohibited his upcoming execution.
Senior Judge Walter Kurtz wrote that federal courts had previously determined Byron Black was not intellectually disabled and therefore was ineligible to have the decision considered once again. The 45-page decision comes despite agreement between Nashville’s district attorney and Black’s lawyers that he is intellectually disabled and should not be put to death.
Black is scheduled to be executed on Aug. 18 for his murder convictions in the April 1988 killings of his girlfriend and her two young daughters.
Black’s attorneys had argued the 65-year-old should be spared under a 2021 law that made Tennessee’s prohibition against executing people with intellectual disability retroactive, pointing out there is a different standard in place now than in 2004 — when the court found that Black didn’t meet the now-obsolete definition of “mental retardation.” Previously, Tennessee had no mechanism for an inmate to reopen a case to press an intellectual disability claim.
However, Kurtz ultimately concluded that the new state law does not apply to death row inmates who had previously received a ruling from a prior court.
“This Court fails to see how the federal courts’ resolution of petitioner’s intellectual disability claim can be seen as anything other than an adjudication on the merits under the legal and medical principles which are embodied in the most recent version of (Tennessee law),”Kurtz wrote. “Given the above, the Court finds that Mr. Black had a full and fair previous adjudication on the merits of his intellectual disability claim.”
Black was convicted by a Nashville court in the deaths of girlfriend Angela Clay, 29, and her daughters Latoya, 9, and Lakesha, 6. Prosecutors said he was in a jealous rage when he shot the three at their home. At the time, Black was on work release while serving time for shooting and wounding Clay’s estranged husband.
Earlier this month, District Attorney Glenn Funk — Nashville’s lead prosecutor — announced that he agreed with Black’s legal team that the inmate was intellectually disabled and should instead face a sentence of life in prison.
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Retired judges will hear divorce cases to clear backlog
Court Line |
2022/03/28 06:04
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The Maine court system will assign retired judges to divorce proceedings to clear a growing backlog of more than 6,000 cases that have been delayed since the start of the coronavirus pandemic.
The program began last week and will assign the former judges as referees to divorce cases where both sides involved have lawyers. The referees would work to resolve the cases without a trial, The Bangor Daily News reported Tuesday.
“The goal is to add capacity in the short term to allow us to address the backlog without adding work to existing personnel,” Chief Justice Valerie Stanfill said.
Judges who volunteer as referees will be paid the same full-day $350 stipend amount as other active retired judges who work in the court system.
According to Alyson Cummings, an employee for the administrative office of the courts, the cost of the program and the number of cases the judges will handle have not been determined yet. |
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Naturopathic doctor sentenced for selling misbranded drugs
Legal News |
2022/03/24 06:05
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A former Port Angeles naturopathic physician was sentenced to eight months in prison and one year supervised release after being found guilty of selling products he claimed could prevent numerous serious diseases, including COVID-19.
Richard Marschall, 69, was convicted in 2021, after a four-day trial, of introducing misbranded drugs into interstate commerce, his third conviction, according to the U.S. Attorney’s office. The jury found that his marketing was false or misleading and because his products were not listed with the FDA.
At the sentencing hearing Monday, U.S. District Judge Benjamin H. Settle said, “It is extremely dangerous during the COVID epidemic for people to be engaged in conduct that would lead other people to defer and wait to receive medical care.”
Marschall was convicted previously and sentenced in federal court for distributing misbranded drugs, both in 2011 and again in 2017. |
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Hearing opens for Jackson, 1st Black female high court pick
Court Line |
2022/03/22 06:05
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The Senate Judiciary Committee on Monday opened the Supreme Court confirmation hearings for Judge Ketanji Brown Jackson, the first Black woman nominated for the nation’s highest court.
Jackson, 51, is to give her opening statement later Monday and answer questions on Tuesday and Wednesday from the panel’s 11 Democratic and 11 Republican senators.
Barring a significant misstep by the 51-year-old Jackson, a federal judge for the past nine years, Democrats who control the Senate by the slimmest of margins intend to wrap up her confirmation before Easter. She would be the third Black justice, after Thurgood Marshall and Clarence Thomas, as well as the first Black woman on the high court.
“It’s not easy being the first. Often, you have to be the best, in some ways the bravest,” Democratic Sen. Dick Durbin of Illinois, the committee chairman, said shortly after the proceedings began.
The committee’s senior Republican, Sen. Chuck Grassley of Iowa, promised Republicans would “ask tough questions about Judge Jackson’s judicial philosophy,” without turning the hearings into a ”spectacle.”
Jackson’s testimony will give most Americans, as well as the Senate, their most extensive look yet at the Harvard-trained lawyer with a resume that includes two years as a federal public defender. That makes her the first nominee with significant criminal defense experience since Marshall. |
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Jackson pledges to decide cases ‘without fear or favor
Court Watch |
2022/03/18 06:05
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Supreme Court nominee Ketanji Brown Jackson pledged Monday to decide cases “without fear or favor” if the Senate confirms her historic nomination as the first Black woman on the high court.
Jackson, 51, thanked God and professed love for “our country and the Constitution” in a 12-minute statement to the Senate Judiciary Committee at the end of her first day of confirmation hearings, nearly four hours almost entirely consumed by remarks from the panel’s 22 members.
Republicans promised pointed questions over the coming two days, with a special focus on her record on criminal matters. Democrats were full of praise for President Joe Biden’s Supreme Court nominee.
With her family sitting behind her, her husband in socks bearing George Washington’s likeness, Jackson stressed that she has been independent, deciding cases “from a neutral posture” in her nine years as a judge, and that she is ever mindful of the importance of that role.
“I have dedicated my career to ensuring that the words engraved on the front of the Supreme Court building — equal justice under law — are a reality and not just an ideal,” she declared.
Barring a significant misstep, Democrats who control the Senate by the slimmest of margins intend to wrap up her confirmation before Easter. She would be the third Black justice, after Thurgood Marshall and Clarence Thomas, as well as the first Black woman on the high court.
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