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Virginia's method of lethal injection upheld
Court Watch | 2008/07/11 09:37
A federal appeals court on Thursday upheld Virginia's method of executing inmates by lethal injection, ruling that it prevents them from experiencing excruciating pain.

In a 2-1 decision, a panel of the 4th U.S. Circuit Court of Appeals rejected condemned inmate Christopher Scott Emmett's argument that Virginia's procedure was unconstitutional.

Emmett's lawyers claimed the procedure risks substantial harm because it does not allow for a second dose of anesthesia to make sure an inmate is unconscious before paralyzing and heart-stopping drugs are injected.

The appeals court said there is no evidence that the first dose of anesthesia has ever failed to render an inmate unconscious.

The ruling came on the day another Virginia inmate — Kent Jermaine Jackson — was executed by lethal injection for killing his 79-year-old neighbor. The 26-year-old Jackson, sentenced to death for the 2000 killing of Beulah Mae Kaiser, was pronounced dead at 9:18 p.m.

Emmett is scheduled to be executed July 24 for the 2001 bludgeoning death of a co-worker in Danville.

The appeals court said Virginia's protocol for administering the three-drug concoction is "largely identical" to that of Kentucky, which was upheld by the U.S. Supreme Court in April.



Court keeps cell tower backup rules on hold
Court Watch | 2008/07/09 08:40
More than a year after they were introduced, federal rules intended to keep cell phone towers operating during natural disasters remain in limbo.

A federal appeals court on Tuesday put off deciding on the wireless industry's challenge to the regulations until the Federal Communications Commission gets preliminary clearance for the rules.

After a panel of experts appointed by the FCC pointed out that many cell towers along the Gulf Coast stopped working when they lost power during Hurricane Katrina, the agency proposed in May 2007 that all cell towers have a minimum of eight hours of backup power that would switch on in the event a tower lost its regular energy source.

The loss of power contributed to communication breakdowns that complicated rescue and recovery efforts during the 2005 disaster.

Wireless companies have said the regulations were illegally drafted and would present a huge economic and bureaucratic burden. In particular, they said, the thousands of generators or battery packs required would be expensive and local zoning rules or structural limitations could make installation impossible in some places.

The FCC agreed in October to exempt cell sites that a wireless carrier proved couldn't meet the rules. The FCC would give companies six months to report on the feasibility of installing backup power and another six months either to bring sites into compliance or explain how they would provide backup service through other means, such as portable cellular transmitters.

CTIA-The Wireless Association, Sprint Nextel Corp. and others asked the U.S. Court of Appeals in Washington, D.C., this year to intervene, saying the exemptions would still leave wireless companies scrambling to inspect and compile reports on thousands of towers.

The appeals court put the rules on hold while it heard each sides' arguments in May.



Special court for vets addresses more than crime
Court Watch | 2008/07/06 08:48
The first clue that the Tuesday afternoon session in Part 4 of Buffalo City Court is not like other criminal proceedings comes just before it starts.

Judge Robert Russell steps down from his bench and from the aloofness of his black robe. He walks into the gallery where men and women accused of stealing, drug offenses and other non-violent felonies and misdemeanors fidget in plastic chairs.

"Good afternoon," he says, smiling, and talks for a minute about the session ahead.

With the welcoming tone set, Russell heads back behind the bench, where he will mete out justice with a disarming mix of small talk and life-altering advice.

While the defendants in this court have been arrested on charges that could mean potential prison time and damaging criminal records, they have another important trait in common: All have served their country in the military.

That combination has landed them here, in veterans treatment court, the first of its kind in the country.

Russell is the evenhanded quarterback of a courtroom team of veterans advocates and volunteers determined to make this brush with the criminal justice system these veterans' last.



NYC crane inspector pleads not guilty
Court Watch | 2008/07/03 06:22
A former inspector accused of lying about examining a crane that later collapsed in midtown Manhattan and killed seven people has pleaded not guilty in a New York City court.

Edward Marquette entered the plea at his arraignment in state Supreme Court in Manhattan on Thursday. He was charged with tampering with public records, offering a false instrument for filing, falsifying business records and official misconduct.

He had been scheduled to inspect the crane on March 4. It collapsed 11 days later, but officials said it was unlikely the inspection would have prevented that.

Justice Marcy Kahn allowed Marquette to remain free and ordered him back in court on Aug. 14. Neither he nor his lawyer would comment



R.I. high court overturns lead paint verdict
Court Watch | 2008/07/02 03:53
Rhode Island's Supreme Court on Tuesday overturned a first-in-the-nation jury verdict that found three former lead paint companies responsible for creating a public nuisance, rejecting a closely watched case that had been seen as a bellwether for potential suits across the country.

The 4-0 decision ends the nearly decade-long court fight and spares the companies from potentially billions in cleanup costs for hundreds of thousands of contaminated homes.

Rhode Island was the first state to successfully sue former makers of lead pigment and paint, which can cause learning disabilities, brain damage and other health problems in children. A jury in 2006 found Sherwin-Williams Co., NL Industries, Inc. and Millennium Holdings LLC liable for creating a public nuisance by manufacturing a toxic product.

The state had proposed that the companies spend $2.4 billion inspecting and cleaning hundreds of thousands of Rhode Island homes believed to contain lead paint.

The ruling was immediately denounced by groups supporting punitive action against paint companies.



High court overturns lead paint verdict
Court Watch | 2008/07/01 07:52
The Rhode Island Supreme Court overturned a landmark verdict against three former lead paint producers Tuesday, a major setback for communities that want the companies to decontaminate hundreds of thousands of homes and other buildings.

The unanimous decision reversed the lone victory to date against the lead paint industry.

A jury found Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC liable in 2006 for creating a public nuisance by manufacturing and selling a toxic product.

The state had proposed that the companies spend an estimated $2.4 billion to inspect and clean hundreds of thousands of homes built before 1980 that it said were likely to contain lead paint.

The court, in its 4-0 decision, said the state's lawsuit should have been dismissed at the outset. It said that while lead paint was a public health problem in Rhode Island, it wasn't the companies' responsibility to clean it up because they had no control over how the paint was used.



Texas high court rules exorcism protected by law
Court Watch | 2008/06/28 08:46
The Texas Supreme Court on Friday threw out a jury award over injuries a 17-year-old girl suffered in an exorcism conducted by members of her old church, ruling that the case unconstitutionally entangled the court in religious matters.

In a 6-3 decision, the justices found that a lower court erred when it said the Pleasant Glade Assembly of God's First Amendment rights regarding freedom of religion did not prevent the church from being held liable for mental distress triggered by a "hyper-spiritualistic environment."

Laura Schubert testified in 2002 that she was cut and bruised and later experienced hallucinations after the church members' actions in 1996, when she was 17. Schubert said she was pinned to the floor for hours and received carpet burns during the exorcism, the Austin American-Statesman reported. She also said the incident led her to mutilate herself and attempt suicide. She eventually sought psychiatric help.

But the church's attorneys had told jurors that her psychological problems were caused by traumatic events she witnessed with her missionary parents in Africa. The church contended she "freaked out" about following her father's life as a missionary and was acting out to gain attention.

The 2002 trial of the case never touched on the religious aspects, and a Tarrant County jury found the Colleyville church and its members liable for abusing and falsely imprisoning the girl. The jury awarded her $300,000, though the 2nd Court of Appeals in Fort Worth later reduced the verdict to $188,000.

Justice David Medina wrote that finding the church liable "would have an unconstitutional 'chilling effect' by compelling the church to abandon core principles of its religious beliefs."

But Chief Justice Wallace Jefferson, in a dissenting opinion, stated that the "sweeping immunity" is inconsistent with U.S. Supreme Court precedent and extends far beyond the Constitution's protections for religious conduct.



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