Arkansas faces new court fight over sedative for executions

Legal Business 2019/04/20 09:20   Bookmark and Share
A federal lawsuit filed by death row inmates has renewed a court fight over whether the sedative Arkansas uses for lethal injections causes torturous executions, two years after the state raced to put eight convicted killers to death in 11 days before a previous batch of the drug expired.

Arkansas recently expanded the secrecy surrounding its lethal injection drug sources, and the case heading to trial Tuesday could impact its efforts to restart executions that have been on hold due to a lack of the drugs. It’ll also be the latest in a series of legal battles over midazolam, a sedative that other states have moved away from using amid claims it doesn’t render inmates fully unconscious during lethal injections.

States that want to avoid unnecessarily inhumane executions will be watching closely, said Robert Dunham, executive director of the Death Penalty Information Center, which has criticized the way states carry out the death penalty.

But, Dunham added, “states that are watching because they want to figure out how to just execute people will be looking to see what Arkansas is able to get away with.”

Only four of the eight executions scheduled in Arkansas over 11 days in 2017 actually happened, with courts halting the others. The state currently doesn’t have any executions scheduled, and Arkansas’ supply of the three drugs used in its lethal injection process has expired. Another round of multiple executions is unlikely if Arkansas finds more drugs, since only one death row inmate has exhausted all his appeals.

This time, Arkansas isn’t racing against the clock to execute inmates before a drug expires. The state currently doesn’t have any execution drugs available, but officials believe they’ll be able to get more once the secrecy law takes effect this summer.

State Attorney General Leslie Rutledge says the inmates in the case have a very high burden to meet and cites a U.S. Supreme Court ruling last month against a Missouri death row inmate. Justice Neil Gorsuch, writing for the majority in that case, wrote that the U.S. Constitution “does not guarantee a prisoner a painless death.” Rutledge called the federal case in Arkansas the latest attempt by death row inmates to delay their sentences from being carried out.
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Supreme Court to take up LGBT job discrimination cases

Headline Legal News 2019/04/20 09:17   Bookmark and Share
The Supreme Court is taking on a major test of LGBT rights in cases that look at whether federal civil rights law bans job discrimination on the basis of sexual orientation and gender identity.

The justices said Monday they will hear cases involving people who claim they were fired because of their sexual orientation and another that involves a funeral home employee who was fired after disclosing that she was transitioning from male to female and dressed as a woman.

The cases will be argued in the fall, with decisions likely by June 2020 in the middle of the presidential election campaign. The issue is whether Title VII of the federal Civil Rights Act of 1964, which prohibits sex discrimination, protects LGBT people from job discrimination. Title VII does not specifically mention sexual orientation or transgender status, but federal appeals courts in Chicago and New York have ruled recently that gay and lesbian employees are entitled to protection from discrimination. The federal appeals court in Cincinnati has extended similar protections for transgender people.

The big question is whether the Supreme Court, with a strengthened conservative majority, will do the same. The cases are the court's first on LGBT rights since the retirement of Justice Anthony Kennedy, who authored the court's major gay rights opinions. President Donald Trump has appointed two justices, Neil Gorsuch and Brett Kavanaugh.

The justices had been weighing whether to take on the cases since December, an unusually long time, before deciding to hear them. It's unclear what caused the delay.
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Court case threatens to take gloss off Ostersund's rise

Headline Legal News 2019/04/18 09:21   Bookmark and Share
It was one of European soccer's most heartwarming stories, an unconventional club from a sleepy city in central Sweden making an eight-year journey from the amateur ranks to beating Arsenal in the Europa League.

But was the remarkable rise of Ostersund built on illegal foundations?

In a case that has rocked Swedish sport in recent months, Daniel Kindberg, the larger-than-life former chairman of Ostersund who is regarded as the mastermind behind the team's success, is heading to court for a trial in which he is accused of serious financial crimes.

The basic premise? Kindberg is alleged to have helped funnel 11.8 million kronor ($1.3 million) of taxpayers' money into the club in an elaborate scheme that involved two other men and three companies — one being the municipality's housing corporation for which Kindberg was chief executive.

Kindberg could go to jail for a maximum of six years, according to the Swedish Economic Crime Authority. Ostersund could lose its place in the top league in Sweden. A small soccer club's great achievement, which was celebrated and enjoyed across the continent, might be tainted.

"As good as it was for the Ostersund brand with this fairy tale of the OFK team going into Europe," Ostersund's mayor, Bosse Svensson, told The Associated Press, "this is just as bad."

Kindberg, who denies the charges, was arrested a year ago and has stood down from his role as Ostersund chairman.

The case has both shocked and polarized the natives of this remote city — located 300 miles (480 kilometers) northwest of Stockholm and with a population of around 50,000 — that is better known for its winter sports than its soccer.
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6 appear in court on charges they sent mosque attack images

Lawyer Blog Post 2019/04/15 10:21   Bookmark and Share
Six people appeared in a New Zealand court Monday on charges they illegally redistributed the video a gunman livestreamed as he shot worshippers at two mosques last month.

Christchurch District Court Judge Stephen O’Driscoll denied bail to businessman Philip Arps and an 18-year-old suspect who both were taken into custody in March. The four others are not in custody.

The charge of supplying or distributing objectionable material carries a penalty of up to 14 years imprisonment. Arps, 44, is scheduled to next appear in court via video link on April 26.

The 18-year-old suspect is charged with sharing the livestream video and a still image of the Al Noor mosque with the words “target acquired.” He will reappear in court on July 31 when electronically monitored bail will be considered.

Police prosecutor Pip Currie opposed bail for the 18-year-old suspect and said the second charge, involving the words added to the still image, was of significant concern.

New Zealand’s chief censor has banned both the livestreamed footage of the attack and the manifesto written and released by Brenton Harrison Tarrant, who faces 50 murder charges and 39 attempted murder charges in the March 15 attacks.
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Texas’ high court keeps execution drug supplier secret

Legal Business 2019/04/13 10:30   Bookmark and Share
A supplier of Texas’ execution drugs can remain secret under a court ruling Friday that upheld risks of “physical harm” to the pharmacy, ending what state officials called a threat to the entire U.S. death penalty system.

The decision by the Texas Supreme Court, where Republicans hold every seat on the bench, doesn’t change operations at the nation’s busiest death chamber because state lawmakers banned the disclosure of drug suppliers for executions starting in 2015.

A lawsuit filed a year earlier by condemned Texas inmates argued that the supplier’s identity was needed to verify the quality of the drugs and spare them from unconstitutional pain and suffering. Lower courts went on to reject Texas’ claims that releasing the name would physically endanger pharmacy employees at the hands of death-penalty opponents.

Now, however, the state’s highest court has found the risks valid and ordered the identity of the supplier to stay under wraps.

“The voters of Texas have expressed their judgment that the death penalty is necessary, and this decision preserves Texas’ ability to carry out executions mandated by state law,” Republican Texas Attorney General Ken Paxton said in a statement.

The court deciding that a “substantial” risk of harm exists appeared to largely hinge on an email sent to an Oklahoma pharmacy in which the sender suggested they enhance security and referenced the bombing of an Oklahoma City federal building in 1995.

“I’m speechless with the absurdity of them relying on that singular fact to close, to keep in secret how Texas essentially carries out its execution,” said Maurie Levin, a defense attorney who helped bring the original lawsuit.

The availability of execution drugs has become an issue in many death penalty states after traditional pharmaceutical makers refused to sell their products to prison agencies for execution use. Similar lawsuits about drug provider identities have been argued in other capital punishment states.
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Media lawyers in Australian court over Cardinal gag order

Court Watch 2019/04/10 10:32   Bookmark and Share
Dozens of high-profile Australian journalists and major media organizations were represented by lawyers in a court on Monday on charges relating to breaches of a gag order on reporting about Cardinal George Pell's convictions for sexually molesting two choirboys.

Reporting in any format accessible from Australia about the former Vatican economy chief's convictions in a Melbourne court in December was banned by a judge's suppression order that was not lifted until February.

Such suppression orders are common in the Australian and British judicial systems, and breaches can result in jail terms. But the enormous international interest in a criminal trial with global ramifications has highlighted the difficulty in enforcing such orders in the digital world.

Lawyers representing 23 journalists, producers and broadcasters as well as 13 media organizations that employ them appeared in the Victoria state Supreme Court for the first time on charges including breaching the suppression order and sub judice contempt, which is the publishing of material that could interfere with the administration of justice. Some are also charged with scandalizing the court by undermining public confidence in the judiciary as well as aiding and abetting foreign media outlets in breaching the suppression order.

Media lawyer Matthew Collins told the court that convictions could have a chilling effect on open justice in Australia. He described the prosecutions as unprecedented under Australian law.

"This is as serious as it gets in terms of convictions, fines and jail time," Collins said. Justice John Dixon urged lawyers to consider whether all 36 people and companies would face a single trial or whether there should be 36 trials.

He ordered prosecutors to file detailed statements of claim against all those charged by May 20 and defense lawyers to file responses by June 21.
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