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Court to rule when lawyer says 'guilty,' but client objects
Court Line |
2017/10/05 01:37
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The Supreme Court will consider a case about whether it violates the Constitution when a lawyer ignores his client's instructions and concedes his guilt.
A Louisiana man was facing murder charges. His lawyer was hoping to avoid the death penalty for his client when he told jurors in his opening statement that the defendant "committed these crimes."
But here's the problem: Defendant Robert McCoy repeatedly proclaimed his innocence and objected to his lawyer's approach.
The legal strategy failed. A jury sentenced McCoy to death for killing the son, mother and step-father of his estranged wife in 2008.
McCoy's parents hired lawyer Larry English to represent their son. English failed to persuade McCoy that the evidence against him was so strong that he should accept a plea deal.
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Maryland removes Dred Scott ruling author's statue
Legal Focuses |
2017/10/04 01:34
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A statue of the U.S. Supreme Court justice who wrote the 1857 Dred Scott decision that upheld slavery and denied citizenship to African Americans was removed from the grounds of the Maryland State House early Friday.
The statue of Roger B. Taney was lifted away by a crane at about 2 a.m. It was lowered into a truck and driven away to storage.
The bronze statue was erected in 1872, just outside the original front door of the State House.
Three of the four voting members of the State House Trust voted by email Wednesday to move the statue. House Speaker Michael Busch, a Democrat who was one of the three who voted to remove it, wrote this week that the statue "doesn't belong" on the grounds.
His comments came after the violent protests in Charlottesville, Virginia, last weekend, with clashes between white nationalists and counter-protesters. A woman was killed when a car plowed into a crowd of people who were there to condemn the white nationalists, who had rallied against Charlottesville officials' decision to remove a monument to Confederate Gen. Robert E. Lee.
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Supreme Court Justice Sotomayor to speak in Tuscaloosa
Attorney News |
2017/10/03 01:35
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U.S. Supreme Court Associate Justice Sonia Sotomayor will speak at the University of Alabama law school next month.
Sotomayor will participate in a discussion with dean Mark Brandon and U.S. District Judge Harold Albritton III on Sept. 12. Brandon says in a statement the school is honored to have her.
Former President Barack Obama appointed Sotomayor to the court in 2009. The New York native served on federal district and circuit courts before that.
Alabama isn’t an Ivy League university, but it has had a lot of success in luring Supreme Court justices to speak at its law school. Eleven justices have spoken in Tuscaloosa since a lecture series began in 1996.
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Judge refuses to end Roman Polanski sex assault case
Legal Focuses |
2017/10/01 15:36
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A Los Angeles judge on Friday denied the impassioned plea of Roman Polanski's victim to end a four-decade-old sexual assault case against the fugitive director.
Los Angeles Superior Court Judge Scott Gordon ruled that Polanski must return to California if he expects to resolve the charges. The Oscar winner fled the country on the eve of sentencing in 1978.
Gordon's ruling follows a request by Samantha Geimer to end the legal proceedings. The ruling was issued on Polanski's 84th birthday and blamed the director for the fact that the case was still alive.
"Her statement is dramatic evidence of the long-lasting and traumatic effect these crimes, and defendant's refusal to obey court orders and appear for sentencing, is having on her life," Gordon wrote.
Harland Braun, Polanski's attorney, said the ruling came after the judge asked for proposals on how to resolve the case.
Polanski pleaded guilty to having unlawful sex with Geimer when she was 13. She has said he drugged, raped and sodomized her. |
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Kentucky governor, attorney general clash before high court
Court Line |
2017/09/30 01:35
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Kentucky's Democratic attorney general warned the state's highest court on Friday that the accreditation of the state's public colleges and universities would be at risk if they don't take his side against the Republican governor.
But an attorney for Republican Gov. Matt Bevin called Andy Beshear's argument "poppycock." He told the justices they should dismiss Beshear's lawsuit and vacate a lower court's judgment that the governor broke the law when he abolished the University of Louisville's board and replaced its trustees with an executive order last year.
What was supposed to have been a 30-minute hearing stretched more than an hour in a courtroom packed with political aides from both parties as two of Kentucky's top politicians faced off before the Supreme Court for the second time in a year.
Ultimately, Bevin got his wish for a new board at the university after the legislature convened and the Republican majority approved his choices under a new law. That's why a ruling from the Kentucky Supreme Court in this case likely won't affect the new board.
But Beshear is asking the court to declare Bevin's original order illegal and to prevent him from doing it again. If he's successful, it would be his second legal victory against Bevin and would be likely fodder for a potential campaign for governor in 2019.
If Bevin wins, it would bolster the governor's argument that Beshear has wasted time filing frivolous lawsuits against him.
Bevin replaced the board because he said the university needed a "fresh start" after a series of scandals and because the board violated state law by not having proportionate representation of racial minorities and political parties.
In issuing his executive order, Bevin relied on a state law, KRS 12.028 , that lets the governor make temporary changes when the legislature is not in session. The legislature then reviews those changes when they reconvene. If they don't act on them, the changes expire.
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