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Analysis: Louisiana figures in 2 major Supreme Court cases
Legal Career News |
2019/10/11 20:46
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Among cases on the U.S. Supreme Court docket for the term that began this month, two Louisiana cases stand out ? one because of its implications for criminal justice in the state, the other because of what it portends for abortion rights and access nationwide.
And, both, in part, because they deal with matters that, on the surface, might appear to have been settled.
Yes, voters approved a constitutional amendment requiring unanimous jury verdicts in felony cases ? following Pulitzer Prize winning reporting by The Advocate on the racial impacts of allowing 10-2 verdicts. But sometimes lost amid celebrations of the measure’s passage is its effective date: it applies to crimes that happened on or after Jan. 1 of this year.
No help to people like Evangelisto Ramos, who was convicted on a 10-2 jury vote in 2016 of second-degree murder in the killing of a woman in New Orleans. Ramos is serving a life sentence with no chance of parole. |
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Court seems ready to require unanimous juries as term opens
Legal Career News |
2019/10/06 22:19
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The Supreme Court began a potentially contentious election-year term Monday in seeming general agreement that juries in state criminal trials must be unanimous to convict a defendant.
The justices took up a quirk of constitutional law, a 47-year-old ruling that requires unanimity in federal, but not state trials. Earlier in the day, the court also wrestled with whether states must allow criminal defendants to plead insanity.
The one minor surprise when the justices took the bench just after 10 o’clock was the absence of Justice Clarence Thomas. The 71-year-old Thomas was at home, likely with the flu, the court said.
Justice Ruth Bader Ginsburg was in her customary seat to the left of Chief Justice John Roberts. The 86-year-old Ginsburg asked the first question in the insanity arguments. |
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Dutch Supreme Court asked to clarify euthanasia case
Legal Career News |
2019/09/26 00:06
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Prosecutors have asked the Netherlands' Supreme Court to clarify legal matters in a landmark euthanasia case, saying Thursday they want to lay down unambiguous jurisprudence for the future.
The Public Prosecution Service said by instituting "cassation in the interest of the law" proceedings they aim to clarify how doctors deal with euthanasia on "incapacitated patients" without subjecting a doctor acquitted at a trial to a new legal battle.
Prosecutors said in a statement they want "legal certainty to be created for doctors and patients about this important issue in euthanasia legislation and medical practice."
The retired nursing home doctor was cleared earlier this month by judges in The Hague who ruled that she adhered to all criteria for carrying out legal euthanasia when she administered a fatal dose of drugs to a 74-year-old woman with severe dementia.
The cassation proceedings mean that the doctor's acquittal will not be called into question.
The doctor carried out euthanasia on the woman in 2016, acting on a written directive the patient had drawn up earlier. The woman later gave mixed signals about her desire to die, but the doctor, in close consultation with the woman's family, decided to go ahead with the mercy killing.
The Hague District Court ruled that in rare cases of euthanasia on patients with severe dementia - and who had earlier made a written request for euthanasia - the doctor "did not have to verify the current desire to die."
Prosecutors said they disagreed with the Hague court and want the Supreme Court to rule on legal issues in the case. |
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Bulgarian court to eye revoking parole for Australian man
Legal Career News |
2019/09/24 00:10
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Bulgaria's highest court says it will look into a petition by the chief prosecutor to revoke the parole by a lower court to an Australian man convicted of fatally stabbing a Bulgarian student during a 2007 brawl.
The Supreme Court of Cassation announced Thursday it will hold a hearing Oct. 23 to review a lower court's ruling to grant parole to Jock Palfreeman. The Australian man had served 11 years of his 20-year prison sentence when a three-judge Court of Appeals panel unexpectedly ordered him freed last Thursday.
The 32-year-old left prison but was transferred to an immigration detention facility to await a new passport from the nearest Australian Embassy, in Athens.
The release of the Australian has sparked angry reactions among Bulgarians, who accused the judiciary of double standards and a leniency toward foreigners.
Palfreeman's lawyer, Kalin Angelov, said he had advised Australian authorities to speed up the passport and put Palfreeman on a plane home.
The new development, however, means that Palfreeman has to remain in custody pending the supreme court's ruling and "for his personal security," according to Deputy Interior Minister Stefan Balabanov.
Dozens of relatives and friends of the slain student rallied Thursday in downtown Sofia to protest Palfreeman's parole. |
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High Court overturns city mandate on construction projects
Legal Career News |
2019/09/20 00:11
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A divided Ohio Supreme Court has upheld a state law invalidating a Cleveland requirement that public construction contractors hire city residents for a portion of work on projects.
A 2003 Cleveland ordinance mandates that residents must perform 20% of the total hours on public construction projects over $100,000.
The GOP-controlled Legislature approved a bill in 2016 stripping local governments of the ability to impose such residency requirements on contractors. The high court on Tuesday sided with the state in a 4-3 decision.
Mayor Frank Jackson says the city will ask the Court to reconsider the ruling immediately.
Cleveland City Council President Kevin Kelley says the ruling is an attack on "the ability of cities to help life people out of poverty and establish careers.
Supreme Court ruling clear, but Brexit future still murky
The landmark British Supreme Court ruling that Prime Minister Boris Johnson's suspension of Parliament was unlawful did not deal directly with plans for Britain's anticipated departure from the European Union. Brexit will however be top of the agenda in Parliament now that lawmakers have returned.
As things stand, Britain is scheduled to leave the EU on Oct. 31 unless the British government requests an extension and the other 27 EU countries agree to a further delay.
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