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Report: Okla. court shooting suspect delusional
Breaking Legal News |
2012/07/03 01:49
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Prosecutors will review a psychological evaluation that concludes a man accused in a shooting outside the Tulsa County Courthouse doesn't have the capacity to rationally aid in his defense.
Andrew Joseph Dennehy "is exhibiting psychotic symptoms that are marked by delusions of persecution, paranoid ideation and auditory hallucinations," according to Curtis Grundy, a psychologist retained by the defense to evaluate Dennehy.
Grundy's report, filed in court Monday, recommends that Dennehy "be adjudicated as incompetent to stand trial and referred for inpatient psychiatric treatment" for competency restoration at the Oklahoma Forensic Center in Vinita, the Tulsa World reported.
Dennehy has explained that "the Freemasons and illuminati were conspiring to harm or kill himself and his parents" and that, in response, "he attempted to have himself killed by the police so that the illuminati and Freemasons would leave his parents alone," according to Grundy's report.
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High court ruling vindicates Obama on health care
Breaking Legal News |
2012/06/28 09:02
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Marking a pivotal point in the presidential campaign, the Supreme Court's decision to uphold President Barack Obama's sweeping federal health care law handed the Democratic incumbent crucial election-year vindication for his signature legislative accomplishment.
Republican rival Mitt Romney, an ardent opponent of the law, prepared to use the decision for his own political gain and planned to cast himself as the next best hope for the millions of Americans who favor the law's repeal.
The decision put an end to what had been one of the biggest unknowns in the presidential race. Four months from Election Day, both Obama and Romney will seek to use the high court ruling to bolster their vision for the country, as well as raise money for their campaigns.
The Romney campaign said it had collected more than $100,000 in online donations in the hour after the decision was announced.
Both men were expected to comment around midday Thursday from Washington. Romney was scheduled to speak first, followed by Obama.
The high court announced Thursday, in a 5-4 decision, that it was upholding the requirement at the heart of the health care law: that most individuals must buy health insurance or pay a penalty.
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Court rules for news groups in execution case
Breaking Legal News |
2012/06/09 23:48
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A federal appeals court ruled Friday that witnesses should have full viewing access to Idaho's upcoming execution, siding with The Associated Press and 16 other news organizations.
The 9th U.S. Circuit Court of Appeals issued the decision a day after hearing arguments in a lawsuit from the news groups seeking to change Idaho's protocol, saying it's unconstitutionally restrictive.
The case aims to strike down a portion of Idaho's regulations that prevent witnesses — including reporters acting as representatives of the public — from watching executions until after catheters have been inserted into the veins of death row inmates.
The lawsuit comes as lethal injections have drawn greater scrutiny, from whether the drugs are effective to whether the execution personnel are properly trained.
It's unclear how the ruling will affect the scheduled execution next week of Idaho death row inmate Richard Leavitt, who will be put to death by lethal injection. Leavitt was convicted of the 1984 murder of a Blackfoot woman.
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Powerbroker tied to Nevada Sen. Reid goes to court
Breaking Legal News |
2012/06/07 23:47
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A former developer and lobbyist with long ties to Senate Majority Leader Harry Reid and Nevada's political elite turned himself in to federal authorities Thursday after being indicted on criminal charges involving federal campaign contributions.
Harvey Whittemore planned to plead not guilty later in the day before a federal magistrate in Reno, his lawyer, John Arrascada, told The Associated Press.
Whittemore, 55, was indicted by a federal grand jury Wednesday on four counts related to campaign contributions made in 2007 to an unnamed elected federal official.
Once a kingpin in state political circles, Whittemore made campaign contributions to numerous politicians including Republican Sen. Dean Heller and Democratic Rep. Shelley Berkley. But records show only Reid received donations of more than $100,000 on a single day in 2007.
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High court protects Secret Service agents
Breaking Legal News |
2012/06/04 09:29
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The Supreme Court ruled Monday that two Secret Service agents are shielded from a lawsuit filed by a man they arrested after a confrontation with then-Vice President Dick Cheney.
The 8-0 decision comes in a case that began with the arrest of Steven Howards following a chance encounter with Cheney at a shopping center in Colorado in 2006. Howards claimed he was arrested because he expressed his anti-war views.
The agents and the Obama administration asked the court for broad protection against claims of retaliatory arrests. The justices did not grant that wish.
But Justice Clarence Thomas said in his opinion for the court that the agents could not be sued in this instance because of uncertainty about the state of the law concerning such arrests.
The decision reversed a ruling by the 10th U.S. Circuit Court of Appeals in Denver to allow Howards' lawsuit to go forward.
Howards, of Golden, Colo., was detained by Cheney's security detail after he told Cheney of his opposition to the war in Iraq. Howards also touched Cheney on the shoulder, then denied doing so under questioning. The appeals court said the inconsistency gave the agents reason to arrest Howards. |
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Ind. taxpayers lose high court fight over refunds
Breaking Legal News |
2012/06/04 09:28
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The Supreme Court has turned down homeowners in Indianapolis who sought tax refunds when the city changed its plan for paying for a new sewer line.
In a 6-3 ruling Monday, the court upheld the city's decision to refuse to refund taxes that some homeowners paid up front while it forgave the remaining taxes for people who paid on an installment plan.
Those who paid in full complained that the disparate treatment violated the Constitution's Equal Protection Clause.
But Justice Stephen Breyer said in his majority opinion that Indianapolis acted properly in changing the payment system because it wanted to reduce the administrative headaches of debt collection.
In dissent, Chief Justice John Roberts said the court was wrong to endorse such a gross disparity in tax treatment.
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Court: Judges shouldn't have overturned conviction
Breaking Legal News |
2012/05/29 10:12
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The Supreme Court has overturned an appeals court decision that would have released a Pennsylvania man convicted of helping to kill a woman in an alley nearly two decades ago.
A federal appeals court ruled that there wasn't enough evidence to uphold the conviction of Lorenzo Johnson. Johnson was convicted of first-degree murder and conspiracy as an accomplice in the December 1995 shotgun murder of Taraja Williams.
The 3rd U.S. Circuit Court of Appeals said the evidence at trial was insufficient to prove that Johnson intended the victim's death, and a federal judge ordered Johnson's release.
But the high court, in reversing the decision, said it is longstanding precedent that it is up to juries, not judges, to decide what conclusions should be drawn from evidence submitted at trial. The only way that can be reversed is that "no rational trier of fact could have agreed with the jury," the justices said.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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