Tuesday, February 26, 2019

Governor says 'no executions' without court-backed drugs

Recent statements and actions by Gov. Mike DeWine suggest Ohio could go years without executing another death row inmate. Last month, the Republican governor ordered the prison system to come up with a new lethal drug protocol after a federal judge's scathing critique of the first drug in Ohio's method. Last week, DeWine said Ohio "certainly could have no executions" during that search and the court challenges that would follow adopting a new system. After Ohio started looking for new drugs in 2014, it took the state more than three years to establish its current three-drug lethal injection protocol. Since then, it has become even more difficult for states to find drugs, meaning a new search could easily last as long. The first drug in Ohio's new system, the sedative midazolam, has been subject to lawsuits that argue it exposes inmates to the possibility of severe pain because it doesn't render them deeply enough unconscious. Because of Ohio's use of midazolam, federal Judge Michael Merz called the constitutionality of the state's system into question in a Jan. 14 ruling and said inmates could suffer an experience similar to waterboarding.

Dominion to ask Supreme Court to hear pipeline appeal

Dominion Energy said Tuesday it will ask the U.S. Supreme Court to hear its appeal after a lower court refused to reconsider a ruling tossing out a permit that would have allowed the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail. Lead pipeline developer Dominion said it expects the filing of an appeal in the next 90 days. On Monday, the 4th U.S. Circuit Court of Appeals rejected a request for a full-court rehearing from Dominion and the U.S. Forest Service. A three-judge panel ruled in December that the Forest Service lacks the authority to authorize the trail crossing and had "abdicated its responsibility to preserve national forest resources" when it approved the pipeline crossing the George Washington and Monongahela National Forests, as well as a right-of-way across the Appalachian Trial. The 605-mile (974-kilometer) natural gas pipeline would originate in West Virginia and run through North Carolina and Virginia. The appellate ruling came in a lawsuit filed by the Southern Environmental Law Center on behalf of the Sierra Club, Virginia Wilderness Committee and other environmental groups. The denial "sends the Atlantic Coast Pipeline back to the drawing board," the law center and Sierra Club said in a joint statement on Monday.

Wednesday, February 13, 2019

Court upholds order to unseal records in brazen lynching

A historian who has spent years looking into the unsolved lynching of two black couples in rural Georgia more than 70 years ago hopes some answers may finally be within his grasp. A federal appeals court on Monday upheld a lower court ruling to unseal the transcripts of the grand jury proceedings that followed a monthslong investigation into the killings. Roger and Dorothy Malcom and George and Mae Murray Dorsey were riding in a car that was stopped by a white mob at Moore's Ford Bridge, overlooking the Apalachee River, in July 1946. They were pulled from the car and shot multiple times along the banks of the river. Amid a national outcry over the slayings, President Harry Truman sent the FBI to rural Walton County, just over 50 miles (80 kilometers) east of Atlanta. Agents investigated for months and identified dozens of possible suspects, but a grand jury convened in December 1946 failed to indict anyone. Anthony Pitch, who wrote a 2016 book on the lynching — "The Last Lynching: How a Gruesome Mass Murder Rocked a Small Georgia Town" — has sought access to the grand jury proceedings, hoping they may shed some light on what happened.

Friday, February 8, 2019

Man accused of kidnapping Wisconsin girl to appear in court

A man accused of kidnapping a 13-year-old Wisconsin girl and killing her parents is scheduled to appear in court Wednesday for a preliminary hearing. Jake Patterson, 21, is accused of killing James and Denise Closs on Oct. 15 and kidnapping their daughter , Jayme Closs, from their Barron home. Jayme escaped on Jan. 10, after 88 days. Patterson is expected to be in the courtroom Wednesday, according to Sheriff Chris Fitzgerald. The purpose of a preliminary hearing is to determine whether there's grounds for a trial. Both sides can present evidence. According to the criminal complaint, Patterson told investigators he knew Jayme "was the girl he was going to take" after he saw her getting on a school bus near her home. He made two aborted trips to the family's home before carrying out the attack in which he killed Jayme's mother in front of her. In the days that followed, thousands of people volunteered to search for Jayme. Investigators believe Patterson hid Jayme in a remote cabin in Gordon, about 60 miles (97 kilometers) north of Barron, before she escaped and got help from a woman walking her dog. Jayme told police that on the night she was abducted, she awoke to her dog's barking, then woke her parents as a car came up the driveway. Her father went to the front door as Jayme and her mother hid in a bathtub, according to the complaint. Jayme told police she heard a gunshot and knew her dad had been killed.

Thursday, January 24, 2019

Supreme Court returns to gun rights for 1st time in 9 years'

The Supreme Court said Tuesday it will take up its first gun rights case in nine years, a challenge to New York City’s prohibition on carrying a licensed, locked and unloaded handgun outside the city limits. The court’s decision to hear the appeal filed by three New York residents and New York’s National Rifle Association affiliate could signal a revived interest in gun rights by a more conservative court. The case won’t be argued until October. The challengers are represented by prominent lawyer Paul Clement, who has been urging the justices to elaborate on the extent of constitutional gun rights the Supreme Court declared in decisions in 2008 and 2010. The court had previously rejected several appeals. The court may be more willing to take on a gun rights case now that Justice Anthony Kennedy has retired and been replaced by Justice Brett Kavanaugh, who was President Donald Trump’s second high-court nominee to be confirmed. Clement says the case “is a perfect vehicle to reaffirm that those decisions and the constitutional text have consequences.” Joining in support of gun rights, 17 states said the court should break its years-long silence and use the case to define the scope of gun rights under the Constitution and the level of scrutiny, or skepticism, judges should apply to gun laws. New York’s ordinance allows people licensed to have handguns to carry them outside the home to gun ranges in the city. The guns must be locked and unloaded. The city residents who filed suit want to practice shooting at target ranges outside the city or take their guns to second homes elsewhere in New York state. Lower courts had rejected the challenge.

Cristiano Ronaldo pleads guilty to tax fraud at Madrid court

With a guilty plea and a huge fine, Cristiano Ronaldo finally put an end to his tax ordeal in Spain. Nearly four years after an investigation was opened, Ronaldo appeared at a court in Madrid on Tuesday to plead guilty to tax fraud and agree to a fine of nearly 19 million euros ($21.6 million). The Juventus forward, who was facing charges stemming from his days at Real Madrid, spent about 45 minutes in court to sign the agreement. He was also given a two-year suspended sentence. Ronaldo will not have to serve time in prison because judges in Spain can suspend sentences for two years or less for first-time offenders. The Portugal star smiled broadly after leaving court despite the unwanted trip back to Madrid, where he played until last summer. “It’s done,” he said briefly as he walked past some of the hundreds of journalists outside the court house. He later posted a photo on Twitter of himself smiling while apparently taking a selfie inside an airplane. The picture was accompanied by emoticons that included a “thumbs-up.” Ronaldo arrived in court in a black van and was wearing sunglasses, a black sports coat, black pants and white tennis shoes. He stopped to sign an autograph before walking up some stairs leading to the court house. He was accompanied by his lawyers and his partner, Georgina Rodriguez. Police officers escorted him. The court had dismissed Ronaldo’s request to enter the building directly from the parking lot, which would have allowed him to avoid the media. The request was made for security reasons, but the court said it didn’t think the measure was needed despite the player’s notoriety.

Sunday, January 6, 2019

High court to take new look at partisan electoral districts

The Supreme Court is plunging back into the issue of whether electoral districts can be too partisan. Disputes have arisen in cases involving North Carolina's heavily Republican congressional map and a Democratic congressional district in Maryland, and the justices said Friday they will hear arguments in March. The high court could come out with the first limits on partisan politics in the drawing of electoral districts, but also could ultimately decide that federal judges have no role in trying to police political mapmaking. The court took up the issue of partisan gerrymandering last term in cases from Wisconsin and the same Maryland district, but the justices failed to reach a decision on limiting political line-drawing for political gain. Justice Anthony Kennedy had said he was open to limits. He has since retired, and Justice Brett Kavanaugh has taken Kennedy's seat. He has no judicial record on the issue. The court again has taken one case in which Democrats are accused of unfairly limiting Republicans' political power and one in which Republicans are the alleged culprits. The court also has the entire North Carolina congressional map before it, but only the one Maryland district. In both cases, however, lower courts have found that the party in charge of redistricting — Republicans in North Carolina, Democrats in Maryland — egregiously violated the rights of voters in the other party.