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Ex-Attorney General McGraw files for Supreme Court race
Trending Legal Issues | 2016/02/05 15:30
Former state Attorney General Darrell McGraw wants one of his old jobs back.

According to the West Virginia secretary of state's website, the 79-year-old McGraw filed on Saturday to run for the state Supreme Court.

McGraw spent one term on the court from 1976-1988 and served five terms as attorney general. He lost the 2012 attorney general's race as the Democratic incumbent to Republican Patrick Morrisey.

The Supreme Court election will be nonpartisan for the first time in 2016. The election will be held during the May primary.

Incumbent Justice Brent Benjamin is seeking re-election. Others who have filed for the race are Wayne King, Beth Walker and Bill Wooton.

McGraw's brother, Warren McGraw, previously served on the Supreme Court.



Supreme Court rejects appeal to outlaw death penalty
Trending Legal Issues | 2016/02/04 15:31
The Supreme Court is rejecting a Pennsylvania inmate's appeal to consider banning the death penalty across the United States.

The justices did not comment Monday in turning away a challenge from death row inmate Shonda Walter.

Walter's appeal plays off Justice Stephen Breyer's call in an impassioned dissent in June to re-evaluate the death penalty in light of problems involving its imposition and use.

Breyer renewed his plea last week when he was the lone justice willing to give a last-minute reprieve to an Alabama death row inmate who was later put to death.



Court rejects Duncan's death sentence appeal
Trending Legal Issues | 2015/03/31 16:13
A federal appellate court has dismissed the appeal of a man who was sentenced to death for kidnapping, torturing and killing a young northern Idaho boy after killing several members of his family.

Joseph Edward Duncan III faces the death penalty for the 2005 murder of 9-year-old Dylan Groene. He also faces several life sentences for the murder of three family members and the kidnapping of his then-8-year-old sister.

Duncan represented himself at his sentencing hearing and later waived his right to appeal. But he has since changed his mind and his defense attorneys say he wasn't mentally competent to waive his rights.

On Friday, the 9th U.S. Circuit Court of Appeals rejected that claim. The court said a lower court had correctly found Duncan competent. The justices said it was too late for Duncan to change his mind.


Brother of murder victim attacks defendant in court
Trending Legal Issues | 2015/02/04 12:07
The brother of a murder victim has been arrested after authorities say he attacked his sister's killer in Onslow County court.

Authorities say 26-year-old Alfonso Law of Acworth, Georgia, has been charged with contempt of court, assault on a government official, simple assault, and disorderly conduct.

News outlets report that Law charged at 26-year-old Pernell Jones on Monday as Jones pleaded guilty to second-degree murder in the death of 15-year-old Anita Law.

After Jones admitted to killing the teenager, Law rushed at him and both men ended up on the floor before deputies pulled them apart,

Jones was sentenced to between 16 and 20 years in prison.

Alfonso Law goes before Judge Charles Henry on the contempt charge Thursday. It was not immediately known if he had an attorney.


Court reaffirms BP is liable in Gulf oil spill
Trending Legal Issues | 2014/11/07 13:47
A federal appeals court panel has reaffirmed its ruling that BP is liable for federal Clean Water Act damages stemming from the 2010 Gulf of Mexico oil spill, the latest loss for the oil giant as it fights court decisions that could ultimately bring $18 billion in penalties.

The three-judge panel of the 5th U.S. Circuit Court of Appeals rejected arguments that there were errors in its June 4 ruling on BP's Clean Water Act liability. The ruling released Wednesday night is not the final say from the court. BP and its minority partner in the Macondo well, Anadarko Petroleum Corp., have a request pending for the full 15-member court to reconsider the issue.

The June order and Wednesday's follow-up were issued by Judges Fortunato Benavides, Carolyn Dineen King and James Dennis. They upheld U.S. District Judge Carl Barbier's ruling holding the well owners are liable.

BP and Anadarko had argued they were not liable because equipment failure on the leased rig Deepwater Horizon caused the April 2010 disaster. An explosion on the rig killed 11 workers and sent millions of gallons of oil spewing into the Gulf in what became the nation's worst offshore oil disaster.

Barbier has also ruled that BP was "grossly negligent" in the disaster. BP has asked Barbier to reconsider that finding, which, if it stands, would be a factor in whether the water act penalties for the company reach an estimated $18 billion.

Under the Clean Water Act, a polluter can be forced to pay from $1,100 to $4,300 per barrel of spilled oil. The higher limit applies if the company is found grossly negligent — as BP was in Barbier's ruling. But penalties can be assessed at lower amounts.

Government experts estimated that 4.2 million barrels spilled into the Gulf. BP has urged Barbier to use an estimate of 2.45 million barrels in calculating any Clean Water Act penalties.

Barbier has scheduled a trial in January to help decide how much BP owes in federal Clean Water Act penalties.


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