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Judge deciding if convicted killer gets DNA tests
Headline Legal News |
2011/10/24 10:44
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A Texas death row inmate is trying to convince the courts to force prosecutors to turn over knives, clothing and other evidence for DNA testing that his attorneys say could prove his innocence.
But prosecutors say the request from 49-year-old Henry Watkins Skinner is an empty tactic to delay his execution next month.
Both sides will lay out their arguments Monday before a federal magistrate judge in Amarillo. The hearing comes after the U.S. Supreme Court ruled that Skinner could ask for the untested evidence but left unresolved whether prosecutors had to surrender the items.
Skinner was convicted for the 1993 deaths of his girlfriend, Twila Busby, and her two adult sons, Elwin Scooter Caler and Randy Busby. They were killed on New Year's Eve at their home. |
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Senate rejects GOP effort on terrorist trials
Headline Legal News |
2011/10/22 09:37
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The Senate voted early Friday to reject a Republican effort to prohibit the United States from prosecuting foreign terrorist suspects in civilian courts, handing a victory to President Barack Obama.
By 52-47, senators turned aside a proposal by Sen. Kelly Ayotte (AY-aht), R-N.H., that would have forced such trials to occur before military tribunals or commissions. The Obama administration has fought to continue bringing such cases in federal courts, with Defense Secretary Leon Panetta and Attorney General Eric Holder writing Senate leaders on Thursday that the measure would deprive them of a potent weapon against terrorism and increase the risk of terrorists escaping justice.
Obama has had numerous clashes with Congress over the handling of war on terror detainees. Congress has voted to prevent the transfer of detainees from the naval prison at Guantanamo Bay, Cuba, to the U.S. Obama has sought to close that detention facility but has been opposed by Republicans and some Democratic lawmakers.
Ayotte said it would be dangerous to let terrorists exercise the protections against self-incrimination and other rights of civilian courts that they might use to avoid surrendering critical information to investigators. Republicans cited last November's acquittal by a federal jury in New York of all but one of hundreds of charges brought against Ahmed Ghailani for his role in destroying two U.S. embassies in Africa, in which 224 people were killed. |
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Ruth's Chris workers seek class-action status
Headline Legal News |
2011/10/21 09:36
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Current and former female employees of Ruth's Chris Steak House have sued the company alleging gender discrimination and seeking class-action status.
Last week's filing came after U.S. District Judge Barbara Rothstein in Washington, D.C., ruled that a smaller lawsuit alleging gender discrimination against the company could be amended to seek class action status.
The lawsuit had previously been limited to three individual plaintiffs. The class action lawsuit would be on behalf of all female employees at the company's headquarters and restaurants from September 2006 to the present.
The women allege that the restaurant operator conducted a pattern and practice of gender discrimination, including compensating men more than women, subjecting women to sexist comments, and disciplining women more harshly than men.
The work environment at RCSH is one that is demeaning to women, reflects a culture of male domination and female subjugation, and is a causative factor in the discrimination against women in compensation, promotion, and termination, the lawsuit said. |
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High court to rule on Stolen Valor Act
Headline Legal News |
2011/10/17 10:06
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The Supreme Court will decide whether a law making it a crime to lie about having received military medals is constitutional.
The justices said Monday they will consider the validity of the Stolen Valor Act, which passed Congress with overwhelming support in 2006. The federal appeals court in California struck down the law on free speech grounds and appeals courts in Colorado, Georgia and Missouri are considering similar cases.
The Obama administration is arguing that the law is reasonable because it only applies to instances in which the speaker intends to portray himself as a medal recipient. Previous high court rulings also have limited First Amendment protection for false statements.
The court almost always reviews lower court rulings that hold federal laws unconstitutional.
The case concerns the government's prosecution of Xavier Alvarez of Pomona, Calif. A member of the local water district board, Alvarez said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration. In fact, he had never served in the military. |
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Court seems divided over Miranda rights case
Headline Legal News |
2011/10/05 10:48
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The Supreme Court seemed split Tuesday on whether to require police to read Miranda rights to prison inmates every time they interrogate them about crimes unrelated to their current incarceration.
The high court heard arguments from lawyers from the state of Michigan who want a federal appeals court decision overturning Randall Lee Fields' conviction thrown out.
Fields was serving a 45-day sentence in prison on disorderly conduct charges when a jail guard and sheriff's deputies from Lenawee County, Mich., removed him from his cell and took him to a conference room. The deputies, after telling him several times he was free to leave at any time, then questioned him for seven hours about allegations that he had sexually assaulted a minor. Fields eventually confessed and was charged and convicted of criminal sexual assault.
Fields was then sentenced to 10 to 15 years in prison but appealed the use of his confession, saying that he was never given his Miranda rights on the sexual assault charges.
On appeal, the 6th Circuit Court of Appeals in Cincinnati threw out his confession and conviction, ruling that it is required that police read inmates their Miranda rights anytime they are isolated from the rest of the inmates in situations where they would be likely to incriminate themselves. |
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