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Indiana high court: Immigration status inadmissible at trial
Headline Legal News |
2017/05/08 21:28
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The immigration status of a Mexican native who is suing over lost wages in a workplace injury case should not be considered at trial because it can cause unfair prejudice, the Indiana Supreme Court has ruled.
The state's high court reversed a lower court ruling that the immigration status of Noe Escamilla was admissible in his lawsuit against an Indianapolis construction company. Escamilla, who entered the U.S. illegally from Mexico with his parents at age 15, married a U.S. citizen and has three children who are also American citizens, his attorney has said.
"Indiana's tort trials should be about making injured parties whole — not about federal immigration policies and laws," the high court said in a 5-0 ruling written by Chief Justice Loretta Rush and issued Thursday.
Escamilla sued Shiel Sexton Co. Inc. for lost future wages after he slipped on ice in 2010 and severely injured his back while helping to lift a heavy masonry capstone at Wabash College in Crawfordsville. Court documents say a doctor found Escamilla's injury left him unable to lift more than 20 pounds, effectively ending his career as a masonry laborer.
Because Escamilla is a lawful resident of Mexico, Shiel Sexton argued that any lost wages he is able to claim should be based on the rate of pay available in Mexico, and not U.S. wages. A Montgomery County trial court ruled in Shiel Sexton's favor, finding that two witnesses who reviewed Escamilla's U.S. tax returns could not testify about his lost earnings and that his immigration status could be entered as evidence.
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White officer headed to court ahead of civil rights trial
Headline Legal News |
2017/04/21 11:11
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A white former South Carolina police officer charged in the death of an unarmed black motorist is expected in court as his federal trial approaches.
A motions hearing is scheduled Friday in the case against 35-year-old Michael Slager.
Slager's federal civil rights trial in the death of 50-year-old Walter Scott starts next month. Another hearing is scheduled for Monday, when attorneys will discuss the admission of certain experts to testify.
Last month, a federal judge ruled prosecutors may show jurors video of the former North Charleston officer shooting Scott. The bystander's cellphone video was viewed millions of times around the world.
Slager also faces murder charges in state court, where his first trial ended in a hung jury. His retrial is scheduled for August.
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Pakistan court to decide on accusations against PM's family
Headline Legal News |
2017/04/18 11:10
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Under tight security, Pakistan's top court is to deliver a much-awaited decision on Thursday on corruption allegations against Prime Minister Nawaz Sharif's family which could determine his political future.
If the Supreme Court announces punitive measures against Sharif or his family members as part of the decision, it may lead to a crisis in government. In 2012, the same court convicted then-Premier Yusuf Raza Gilani in a contempt case, forcing him to step down.
Thursday's decision will be the outcome of petitions from opposition lawmakers dating back to documents leaked in 2016 from a Panama-based law firm that indicated Sharif's sons owned several offshore companies.
Sharif's family has acknowledged owning offshore businesses.
The opposition wants Sharif, in power since 2013, to resign over tax evasion and concealing foreign investment. Sharif has defended his financial record.
Information Minister Maryam Aurangzeb told reporters the government will "accept the court decision."
Naeemul Haq, a spokesman for cricketer-turned-politician Imran Khan, whose party is leading the petition, said the decision will be an "historic one."
Lawyer A.K. Dogar, who is not involved in the probe by the Supreme Court or the petition, said the decision could determine the political fate of Sharif.
Senior opposition politician Mehnaz Rafi, from Khan's party, told The Associated Press she hopes the decision will help recover tax money from Sharif's family and others who set up offshore companies to evade taxes. If the court finds Sharif's family evaded paying taxes, she said he should resign as he will no longer have "moral authority to remain in power."
The prime minister has insisted his father built up the family business before Sharif entered politics in the 1980s. Sharif says he established a steel mill abroad while he was exiled to Saudi Arabia by former military ruler Pervez Musharraf, who seized power in a coup in 1999. |
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Conservatives fault Arkansas court for halting executions
Headline Legal News |
2017/04/17 11:10
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Arkansas' attempt to carry out its first execution in nearly 12 years wasn't thwarted by the type of liberal activist judge Republicans regularly bemoan here, but instead by a state Supreme Court that's been the focus of expensive campaigns by conservative groups to reshape the judiciary.
The court voted Wednesday to halt the execution of an inmate facing lethal injection Thursday night, two days after justices stayed the executions of two other inmates. The series of 4-3 decisions blocking the start of what had been an unprecedented plan to execute eight men in 11 days were only the latest in recent years preventing this deeply Republican state from resuming capital punishment.
The possibility that justices could continue sparing the lives of the remaining killers scheduled to die this month has left death penalty supporters including Republican Gov. Asa Hutchinson frustrated and critical of the high court.
"I know the families of the victims are anxious for a clear-cut explanation from the majority as to how they came to this conclusion and how there appears to be no end to the court's review," Hutchinson said in a statement after the Wednesday ruling.
Since the last execution in 2005, the state Supreme Court has at least twice forced Arkansas to rewrite its death penalty law. One of those cases spared Don Davis, who again received a stay Monday night. The legal setbacks at one point prompted the state's previous attorney general, Dustin McDaniel, to declare Arkansas' death penalty system "broken."
But unlike the earlier decisions, this stay came from a court that had shifted to the right in recent elections. Outside groups and the candidates spent more than $1.6 million last year on a pair of high court races that were among the most fiercely fought judicial campaigns in the state's history. Arkansas was among a number of states where conservative groups spent millions on such efforts.
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9 life sentences in state case on Charleston church slayings
Headline Legal News |
2017/04/11 09:02
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With Charleston church shooter Dylann Roof getting nine life sentences in state court on top of a federal death sentence, his prosecutions are finally over - and some relatives of the nine parishioners he killed at a historically black church say they can finally begin to heal.
Nadine Collier, daughter of the slain 70-year-old Ethel Lance, wore a white suit to Roof's sentencing Monday; a color she said lets the world know a chapter in her life had closed.
"I will not open that book again," she said to Roof, before he was sentenced. "I just want to say, have mercy on your soul."
The 23-year-old avowed white supremacist said nothing in his own defense as he was sentenced Monday on nine counts of murder, along with three charges of attempted murder and a weapons charge. He was taken from court back to the Charleston County jail, where he'll await transfer to a federal prison and, ultimately, the federal system's death row in Terre Haute, Indiana.
Roof's plea deal came in exchange for an agreement that state prosecutors would drop their own pursuit of the death penalty against him for the June 2015 slaughter at Emanuel AME Church. Judge J.C. Nicholson handed down nine consecutive life sentences.
Roof stood at the defense table with his attorneys, clad in a gray and white striped jail jumpsuit and handcuffed to a chain at his waist.
The deal, Solicitor Scarlett Wilson said, serves as an "insurance policy" in the event that Roof's federal conviction falls apart. But it also means the families of the nine people he killed don't have to endure a second grueling trial.
Roof was 21 when he walked into a Wednesday night Bible study session at the historic church known as Mother Emanuel. As witnesses testified in his federal trial last year, Roof waited until the session's closing minutes to unload 77 shots into his victims as they shut their eyes in a final prayer.
Survivors testified during the federal trial, evoking chilling images of the bloody Wednesday night tableau. Jennifer Pinckney, widow of slain pastor and state Sen. Clementa Pinckney, brought some jurors to tears as she told how she shielded her young daughter in her husband's office while the bullets rang out in the nearby fellowship hall.
At Roof's first court appearance on the day after his arrest, his victims' relatives spoke of forgiveness, with some saying they mourned their loved ones but would pray for his lost soul. The families of what have become known as the Emanuel Nine have been widely lauded for their willingness to forgive in the face of sorrow but also, in embrace of their strong faith, to pray the man who drastically altered their lives would find peace himself. |
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Arkansas asks court to block order on execution drugs
Headline Legal News |
2017/04/02 15:20
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Arkansas prison officials asked the state's highest court Friday to stay a judge's order that they must disclose more information about one of the drugs they plan to use in the executions of eight men over a 10-day period in April.
The attorney general's office asked the state Supreme Court to issue a stay of Pulaski County Circuit Judge Wendell Griffen's order requiring Arkansas to release copies of the package insert and labels for its supply of potassium chloride, one of the three drugs used in its lethal injection protocol.
The state said it had released the documents, but had redacted information on the labels that it says could lead to identification of the drug's supplier. Steven Shults, the attorney who sued the state for the information, declined to comment on the case Friday.
Shults' attorneys asked the court to deny the state's motion, saying there was no evidence that the information withheld would identify the drug's supplier.
The filing said releasing all of the information would give Shults "an unreviewable victory that will completely undermine and obviate the confidentiality provisions" of the state's lethal injection law.
Arkansas hasn't executed an inmate since 2005 because of legal challenges and difficulty obtaining drugs. The state's 2015 lethal injection law keeps secret the source of the state's execution drugs.
The prison officials, who plan to execute eight inmates in a 10-day period next month before another one of the state's lethal drugs expires April 30, had refused to release packing slips that detail how the drugs are to be used. The Associated Press has previously used the labels to identify drugmakers whose products would be used in executions against their will. The AP renewed its request after the state acquired its potassium chloride in March, but was also rejected.
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