Kansas Supreme Court to hear death row inmate's appeal

Court News 2016/12/21 16:19   Bookmark and Share
Attorneys for a Kansas death row inmate convicted of killing his estranged wife, their two daughters and his wife's grandmother in 2009 will get to make their case to the state's highest court about why he should be spared.

James Kraig Kahler argues in his appeal that the court where he stood trial made mistakes, and he questions whether his death sentence was warranted.

Friday's hearing will be the Kansas Supreme Court's first death penalty case since Election Day, when voters retained four of its justices who were targeted for ouster partly because the court overturned other death sentences.

Kansas reinstated capital punishment in 1994 but hasn't executed anyone in more than half a century. The state Supreme Court has overturned death sentences seven times in 20 years, with five of those decisions later reversed by the U.S. Supreme Court.

Kahler was convicted in 2011 of fatally shooting Karen Kahler, 44, her 89-year-old grandmother, Dorothy Wight, and the Kahlers' two daughters, 18-year-old Emily and 16-year-old Lauren, at Wight's home in Burlingame, about 65 miles southwest of Kansas City. Authorities said he went from room to room shooting his victims. The couple's 10-year-old son survived unharmed.

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California Supreme Court halts death penalty measure

Legal Insight 2016/12/21 16:17   Bookmark and Share
The California Supreme Court on Tuesday blocked a voter-approved measure intended to speed up the appeals process for the state's Death Row inmates to give it time to consider a lawsuit challenging the measure.

In a one-page decision, the court stayed the "implementation of all provisions of Proposition 66" and set a timeline for filing briefs in the case.

Proposition 66 would change how appeals are handled, appointing more lawyers to take cases, putting certain types of appeals before trial court judges and setting a five-year deadline for appeals to be heard. Currently, it can take longer than that for an attorney to be assigned to a case and upward of 25 years to exhaust appeals.

The lawsuit by former Attorney General John Van de Kamp and Ron Briggs, whose father wrote the ballot measure that expanded California's death penalty in 1978, said the reform measure would disrupt the courts, cost more money and limit the ability to mount proper appeals. They said the deadlines would set "an inordinately short timeline for the courts to review those complex cases" and result in attorneys cutting corners in their investigations.

Supporters of the measure have called the lawsuit a frivolous stall tactic.

California voters faced two death penalty measures on the November election. They rejected a measure that would have abolished the death penalty and narrowly approved Proposition 66.

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Ohio's high court dismisses media lawsuit over bodycam video

Court News 2016/12/21 16:17   Bookmark and Share
The Ohio Supreme Court dismissed a public information lawsuit Tuesday without ruling on its argument that video from police body cameras are public record and should be released on request.

In not taking up the issue, the court noted that the video had already been released — two days after news organizations requested the footage in the July 19, 2015, traffic stop and fatal shooting of a black motorist by a white University of Cincinnati officer.

News organizations including The Associated Press sued Hamilton County Prosecutor Joe Deters last year when he initially refused to release the police bodycam video. Deters released the material after the officer was indicted on charges including murder.

In Tuesday's ruling, Justice Judith Ann Lanzinger wrote that the prosecutor was entitled to review the video first to determine whether any information had to be redacted; she noted that Deters produced the footage six days after he received it.

"We conclude that he responded in a reasonable period of time," she said.

Deters said he was pleased with the decision, saying "it lets the prosecutor do his job to investigate cases before material is released to the media potentially jeopardizing future prosecution."

Attorney Jack Greiner, representing the media groups, called it a narrow decision with little precedent-setting value. He noted it doesn't affect a Dec. 6 ruling by the state Supreme Court that said video footage from police cruiser dash cameras is public record that, with some exceptions, should be promptly released upon request.
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