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Supreme Court considers if Pistorius guilty of murder
Law Firm News |
2015/11/03 09:47
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South Africa's Supreme Court of Appeal grilled Oscar Pistorius' attorney and a prosecutor on Tuesday as it weighed whether to convict him of murder for killing his girlfriend, uphold a lower court's manslaughter conviction or order a retrial.
Prosecutors say the North Gauteng High Court erred in convicting Pistorius of the lesser charge, and that the double-amputee Olympian should have known that someone could be killed when he fired four times into a locked toilet cubicle in his home. In the trial last year, prosecutors said Pistorius killed Reeva Steenkamp as she sought shelter in the toilet cubicle during an argument on Valentine's Day 2013. The defense said Pistorius opened fire because he thought an intruder was about to burst out of the toilet.
One of the five appeals court judges noted during the session on Tuesday, broadcast across the country and around the world on live TV, that Pistorius could still be convicted of murder even if he didn't think it was Steenkamp in the cubicle but knew someone was in there. Under the concept of dolus eventualis in South African law, a person can be convicted of murder if they foresaw the possibility of someone dying through their actions and went ahead anyway.
"If you look at the photographs, there's room behind there for a toilet bowl and a person and just about nothing else," Justice Lorimer Leach said to defense lawyer Barry Roux. "There's nowhere to hide. It would be a miracle if you didn't shoot someone."
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Chile appeal court upholds convictions in Americans' killing
Law Firm News |
2015/09/07 18:29
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A Chilean appeals court has upheld the conviction of a retired brigadier general and a former civilian air force employee in the killing of two Americans shortly after the 1973 military coup that overthrew democratically elected President Salvador Allende.
The Appeals Court of Santiago on Saturday confirmed the 7-year sentence given to retired Gen. Pedro Espinoza Bravo as the mastermind in the killings of documentary filmmaker Charles Horman, 31, and journalist Frank Teruggi, 24. The court also ratified the 2-year sentence for retired civilian air force employee Rafael Gonzalez Berdugo for his complicity in Horman's death.
The Americans' deaths were the subject of the 1982 film "Missing" by Constantin Costa-Garvas, with Jack Lemmon playing Horman's father.
Espinoza Bravo and Gonzalez Berdugo are currently behind bars in other criminal cases. |
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Court Halts Execution Of Tyler Woman's Killer
Law Firm News |
2015/07/18 09:46
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The Texas Court of Criminal of Appeals halted the scheduled lethal injection of Clifton Lamar Williams until questions about some incorrect testimony at his 2006 trial can be resolved.
Williams, 31, had faced execution Thursday evening for the killing of Cecelia Schneider of Tyler, about 85 miles east of Dallas. Investigators determined she had been beaten and stabbed before her body and her bed were set on fire.
In a brief order, the court agreed to return the case to the trial court in Tyler to review an appeal from Williams' attorneys. They want to examine whether incorrect FBI statistics regarding DNA probabilities in population estimates cited by witnesses could have affected the outcome of Williams' trial.
"We need time to look at this," said Seth Kretzer, one of Williams' lawyers. "No way we can investigate this in five hours.
"It requires some time, and the CCA saw that."
The Texas Department of Public Safety sent a notice June 30 that the FBI-developed population database used by the crime lab in Texas and other states had errors for calculating DNA match statistics in criminal investigations. The Texas Attorney General's Office informed Williams' attorneys of the discrepancy on Wednesday.
Prosecutors in Tyler, in Smith County, had opposed Williams' appeal for a reprieve, telling the appeals court the state police agency insisted that corrected figures would have no impact. Williams is black, and prosecutors said the probability of another black person with the same DNA profile found in Schneider's missing car was one in 40 sextillion. Jurors in 2006 were told the probability was one in 43 sextillion. A sextillion is defined as a 1 followed by 21 zeros.
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Supreme Court to hear Texas Senate districts case
Law Firm News |
2015/06/04 01:04
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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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Court: State can’t order unions, companies to reach binding contracts
Law Firm News |
2015/05/17 16:08
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A California appeals court sided with one of the largest fruit farms in the nation, ruling that a law allowing the state to order unions and farming companies to reach binding contracts was unconstitutional.
Labor activists say the mandatory mediation and conciliation law is a key to helping farm workers improve working conditions.
However, the 5th District Court of Appeal said Thursday it does not clearly state the standards that the contracts are supposed to achieve.
The ruling came in a fight between Gerawan Farming and the United Farm Workers, the union launched by Cesar Chavez. The union won the right to represent Gerawan workers in 1992, but the two sides did not agree to a contract.
At the union’s request, the state Agricultural Labor Relations Board in 2013 ordered Gerawan and the UFW to enter into binding mediation. The two sides couldn’t come to an agreement so a deal was crafted by the mediator and adopted by the labor relations board, the appeals court said. Gerawan objected to the terms. |
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