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Court fight over Ohio executions likely to focus on sedative
Court Line News |
2016/10/03 22:42
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Ohio says it's resuming executions in January with a three-drug protocol similar to one it used for several years.
The concept is one adopted for decades by many states: the first drug sedates inmates, the second paralyzes them, and the third stops their hearts.
The key difference comes with the first drug the state plans to use, midazolam (mih-DAY'-zoh-lam), which has been challenged in court as unreliable.
The state argues that a planned dose of 500 milligrams will ensure that inmates are properly sedated.
Defense attorneys say it's unclear what a much bigger dose would achieve.
Last year, the U.S. Supreme Court ruled 5-4 that midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.
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DC gun law gets hearing before Washington appeals court
Court Line News |
2016/09/22 22:35
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An appeals court will hear challenges to a District of Columbia law that places tough requirements for gun owners to get concealed carry permits.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit is hearing arguments Tuesday in two cases involving the law, which requires people who want to carry a gun in public to show a "good reason to fear injury" or another "proper reason" to carry the weapon. Reasons might include a personal threat, or a job that requires a person to carry or protect cash or valuables. Lower court judges have disagreed on whether the law is constitutional.
The hearing is the latest in a long-running tussle over the city's gun laws. Eight years ago, the U.S. Supreme Court struck down the city's ban on handguns, leading the city to rewrite its gun laws. City law now requires residents to register guns kept at their homes or businesses; more than 16,500 guns have been registered, according to police.
Anyone who wants to carry a weapon outside the home needs a separate concealed carry license. The police department said last week that 89 people have been granted concealed carry permits and 374 have been denied.
In March, U.S. District Court Judge Colleen Kollar-Kotelly sided with the city and declined to issue a preliminary injunction halting the enforcement of the law requiring a "good reason" or "proper reason" for anyone who wants to carry a gun in public. Kollar-Kotelly said opponents had not shown that their lawsuit was likely to be successful. She noted that appeals courts in other parts of the country had approved of laws in New York, New Jersey and Maryland that are similar to the District of Columbia's.
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Court rules man treated for mental illness can have a gun
Court Line News |
2016/09/20 22:34
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A Michigan man who can't buy a gun because he was briefly treated for mental health problems in the 1980s has won a key decision from a federal appeals court, which says the burden is on the government to justify a lifetime ban against him.
The Second Amendment case was significant enough for 16 judges on the 6th U.S. Circuit Court of Appeals to participate. Cases usually are heard only by three-judge panels.
Clifford Tyler, 74, of Hillsdale said his constitutional right to bear arms is violated by a federal law that prohibits gun ownership if someone has been admitted to a mental hospital.
In 1985, Tyler's wife ran away with another man, depleted his finances and filed for divorce. He was deeply upset, and his daughters feared he was a danger to himself.
Tyler was ordered to a hospital for at least two weeks. He subsequently recovered, continued working for another two decades and remarried in 1999.
"There is no indication of the continued risk presented by people who were involuntarily committed many years ago and who have no history of intervening mental illness, criminal activity or substance abuse," Judge Julia Smith Gibbons wrote in the lead opinion.
The court on Thursday sent the case back to the federal court in Grand Rapids where the government must argue the merits of a lifetime ban or the risks of Tyler having a gun.
Gibbons suggests Tyler should prevail, based on his years of good mental health. |
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Egypt court releases lawyer who defied president
Court Line News |
2016/08/28 14:47
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An Egyptian rights lawyer who had been held in solitary confinement for over 100 days after defying President Abdel-Fattah el-Sissi was released from jail Sunday on a court order.
Malek Adly, who was incarcerated on a rolling series of administrative detention orders, was freed after a court rejected an appeal by prosecutors a day earlier that had attempted to hold him longer over accusations that included attempting to overthrow the government.
"We don't know what will happen next — the case is still open and they could try to detain him again," said Adly's lawyer, Mahmoud Belal. "What's important though is that he is out."
Adly's supporters say authorities targeted him over a televised interview in which he objected to el-Sissi's decision in April to hand over two Red Sea islands to Saudi Arabia, implying that such a move was traitorous.
Along with other lawyers, Adly raised a court case against the handover, arguing that the islands were historically Egypt's, as opposed to the government's position that they had always been Saudi territory and were only placed under temporary Egyptian protection.
About two months after Adly was jailed, an Egyptian court backed his legal suit with a June 21 ruling ordering the island transfer canceled. The government has appealed, and the matter now awaits discussion by a new panel of judges.
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Court considers Kansas rule that voters prove citizenship
Court Line News |
2016/08/22 09:50
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A federal appeals court will decide whether Kansas has the right to ask people who register to vote when they get their driver's licenses for proof that they're citizens, a decision which could affect whether thousands have their ballots counted in November's election.
Three judges from the 10th Circuit Court of Appeals heard arguments in the case Tuesday from Kansas Secretary of State Kris Kobach and the American Civil Liberties Union but didn't indicate how soon they could rule.
Kansas wants the court to overturn a ruling by a federal judge in May that temporarily blocked the state from disenfranchising people who registered at motor vehicle offices but didn't provide documents such as birth certificates or naturalization papers. That was about 18,000 people at the time. If the order is allowed to stand, the state says up to an estimated 50,000 people who haven't proven they're citizens could have their votes counted in the fall.
Since 1993, states have had to allow people to register to vote when they apply for or renew their driver's licenses. The so-called motor-voter law says that people can only be asked for "minimal information" when registering to vote, allowing them to simply affirm they are citizens.
The ACLU claims the law intended to increase registration doesn't allow states to ask applicants for extra documents. It also says that motor vehicle clerks don't tell people renewing existing licenses that they need to provide the documents, leaving them under the mistaken impression that their registration is complete when they leave the office.
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Differences aside, Supreme Court unites Trump, Senate GOP
Court Line News |
2016/08/21 09:50
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Differences aside, Donald Trump and Senate Republicans are strongly united on one issue — ideological balance on the Supreme Court.
While Democrats are pushing the GOP-led Senate to confirm Supreme Court nominee Merrick Garland by the end of President Barack Obama's term, Majority Leader Mitch McConnell, R-Ky., has been resolute in blocking him, saying the next president should fill the high court vacancy. Republicans maintain it's a winning political strategy in a year when some GOP rank and file are struggling with reasons to vote for their nominee.
"I would argue that it's one of the few ties that binds right now in the Republican Party," said Josh Holmes, McConnell's former chief of staff. "It's one of the things that's kept a Republican coalition together that seems to be fraying with Donald Trump."
Trump himself has made the same argument.
"If you really like Donald Trump, that's great, but if you don't, you have to vote for me anyway," Trump told supporters at a rally last month. "You know why? Supreme Court judges, Supreme Court judges. Have no choice ... sorry, sorry, sorry."
The billionaire businessman has made the future ideological balance of the high court a key issue in the campaign, promising to nominate a conservative in the mold of former Justice Antonin Scalia, who died in February. He often mentions the issue in campaign speeches, as does his vice presidential nominee, Indiana Gov. Mike Pence.
Pence often spends several minutes of his standard campaign speech reminding crowds of the importance of the court and conservative values. To loud cheers, he warns that a court in Hillary Clinton's hands could push through amnesty for immigrants living in the country illegally and strip individuals' rights to own guns, a reversal of the Second Amendment that Clinton has rejected. |
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