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Oldest death row inmate in Georgia, age 72, is executed
Court and Trial | 2016/02/03 15:26
Georgia executed a 72-year-old man, its oldest death row inmate, early Wednesday for the killing of a convenience store manager during a robbery decades ago.

The state Department of Corrections says Brandon Astor Jones was pronounced dead at 12:46 a.m. Wednesday after a lethal injection at the state prison in Jackson. He was convicted in the shooting death of suburban Atlanta store manager Roger Tackett.

The punishment was delayed for several hours while the U.S. Supreme Court considered late appeals from Jones' attorneys. They asked the justices to block the execution for either of two reasons: because Jones was challenging Georgia's lethal injection secrecy law or because he said his death sentence was disproportionate to his crime.

Around 11 p.m. Tuesday, the court denied the requests for a stay.

According to evidence at his trial, Jones and another man, Van Roosevelt Solomon, were arrested at a Cobb County store by a policeman who had driven a stranded motorist there to use a pay phone about 1:45 a.m. on June 17, 1979. The officer knew the store usually closed at midnight and was suspicious when he saw a car out front with the driver's door open and lights still on in the store.

The officer saw Jones inside the store, prosecutors have said. He entered and drew his weapon after hearing four shots. He found Jones and Solomon just inside a storeroom door and took them into custody. Tackett's body was found inside the storeroom.



Court won't order immediate evaluation of mogul Redstone
Top Attorney News | 2016/02/02 15:31
A judge Monday declined to order a medical examination of Sumner Redstone but ruled that lawyers for his former companion can take the sworn testimony of two of the ailing media mogul's doctors.

Judge David J. Cowan also ruled that Redstone's longtime attorney, Viacom CEO Philippe Dauman, may also be deposed about his recent interactions with Redstone, but that any testimony he gives should be restricted to details about medical issues.

The rulings were made in a case pursued by Manuela Herzer, Redstone's former girlfriend who until recently had control over his medical care. She was kicked out of his home in October and contends that the 92-year-old can no longer carry on conversations or make informed decisions.

Redstone's attorney, Gabrielle Vidal, has objected to an independent evaluation of the doctor, citing recent evaluations by his doctors including a brain scan that didn't find any signs of impairment.

She praised Monday's ruling, saying Herzer's actions in the case represent a disregard for Redstone's welfare.



ACLU to appeal court ruling in Missouri drug testing case
Attorney Legal Opinions | 2016/01/20 15:31
The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs.

Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Jefferson City News Tribune that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges.

“We intend to request both,” Rothert said. “While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent.”

The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College’s Board of Regents approved in June of that year. The school since has changed its name to State Technical College of Missouri.

The lawsuit argued the policy violated the students’ Fourth Amendment right “to be secure . against unreasonable searches and seizures.”

When it started the program, the school said the testing policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students.”

Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested.

U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow.


Japan court gives go-ahead for restart of 2 nuke reactors
Legal News Interview | 2015/12/28 16:56
A Japanese court gave the go-ahead for the restart of two nuclear reactors Thursday after its operator said in an appeal they were safe.

The Fukui District Court in western Japan lifted an April injunction that was filed by a group of residents who said that a massive earthquake exceeding the facility's quake resistance could cause a disaster similar to the Fukushima crisis following the March 2011 quake and tsunami.

The order paves the way for a resumption of the Takahama No. 3 and No. 4 reactors, operated by the Kansai Electric Power Co.

The operator had already obtained approval of the safety regulators, and town and prefectural leaders expressed their support for a restart this month, just in time for the ruling. Two of Japan's 43 reactors are currently back online.

Thursday's decision minimizes the delay for the Takahama reactors, which had been set for restart late this year.

The utility plans to go ahead with loading fuel rods into the No. 3 reactor within days, and go through final safety checks before putting the reactor back online late January.

Takahama reactors could be a third and fourth to restart, while prospects for a fifth one, the Ikata reactor in Shikoku, southwestern Japan, are uncertain due to strong local opposition over evacuation plans in case of an emergency.

Prime Minister Shinzo Abe's pro-business government wants to restart as many reactors as possible. The government says nuclear energy should remain key for resource-poor Japan. Abe is also pushing to export Japan's nuclear technology and recently signed a nuclear agreement with India.


Indiana courts push ahead with shift to e-filing
Court and Trial | 2015/12/28 16:54
Indiana's top courts are pushing ahead with adopting an electronic-filing system that state officials say will eventually give the public free access to online court records statewide.

The Indiana Supreme Court and the state Court of Appeals began offering e-filing in November, and the Indiana Tax Court, will follow in January. The goal is for trial courts in all 92 counties to offer e-filing by the end of 2018; one county has already instituted it and six others will follow in the first half of 2016.
 
Attorneys can still file paper versions of briefs and other legal documents for the two top state courts, but they're already starting to embrace e-filing because it eliminates the costs of photocopying, binding, mailing and hand-delivering voluminous amounts of documents, high court spokeswoman Kathryn Dolan said.

It's a "modernization of how we do business," she said, noting it will lessen the state's need to store reams of legal documents. Dolan said the Supreme Court alone is asked to consider about 1,000 cases each year and each can generate multiple banker boxes' worth of documents, all of which must be stored in Indiana's downtown Indianapolis government complex and other locations.

"Sometimes we have to request the old documents from storage, or offer attorneys the ability to look at things on microfilm, so this is certainly modernizing the process to just accept the electronic document in the first place," Dolan said.


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