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Have mercy: State loses argument over jury instruction in death penalty cases
Spartanburg Circuit Judge Derham Cole now has the dubious distinction of being the first and last judge in South Carolina to dissuade jurors from considering mercy when deciding whether murderers should be sentenced to death. He had told jurors that they “may recommend a sentence of life imprisonment for any reason … other than as […]
Connecticut court strikes down state death penalty
HARTFORD, Conn. (AP) — Connecticut’s highest court has struck down the state’s death penalty, sparing the lives of 11 killers on death row in a ruling that adds momentum to a nationwide movement to abolish executions. A 2012 state law repealed the death penalty for future crimes while preserving it for those already condemned to die, but the court ruled Thursday tha[...]
Criminal Practice — Death Penalty Upheld for Low-IQ Inmate
Prieto v. Zook, Warden (Lawyers Weekly No. 001-121-15, 18 pp.) (Motz, J.) No. 14-4, June 30, 2014; USDC at Richmond, Va. (Hudson, J.) 4th Cir. Holding: The 4th Circuit rejects a Virginia death-row inmate’s habeas claim that the Eighth Amendment prohibition on execution of intellectually disabled persons under Atkins v. Virginia and Hall v. Florida […]
Prosecutor: Death penalty doesn’t apply in police shooting
CHARLESTON (AP) — A prosecutor says it doesn’t look as if the death penalty can be sought in the case of a black South Carolina man who was fatally shot as he ran from a white police officer. Former North Charleston officer Michael Slager is charged with murder in the death of Walter Scott. The […]
Execution-drug seller bill introduced in SC House
COLUMBIA (AP) — Another bill that would shield the identities of pharmaceutical companies that supply execution drugs to South Carolina is being considered by the state Legislature. The House measure introduced Tuesday is a companion to a version already advancing in the Senate. The legislation would add drug companies to the state’s execution team and […]
A question of mercy
A Spartanburg trial judge’s unusual jury instruction concerning mercy during the sentencing phase of capital murder trials has prompted three appeals that are pending before the South Carolina Supreme Court.
Criminal Practice – No Rehearing in Death-Penalty Confrontation Clause Case
U.S. v. Umaña (Lawyers Weekly No. 001-160-14, 13 pp.) No. 10-6, Aug. 12, 2014; On Petition for Rehearing En Banc. 4th Cir. Holding: In a published order, the 4th Circuits denies rehearing en banc of its first-impression holding that the Sixth Amendment right to confront witnesses does not apply during the sentence-selection phase of a capital murder trial, and […]
Criminal Practice – Court Must Review Juror Talk with Pastor
Barnes v. Joyner (Lawyers Weekly No. 14-01-0428, 87 pp.) (Thacker, J.) No. 13-5, May 5, 2014; USDC at Greensboro, N.C. (Schroeder, J.) 4th Cir. Holding: In this death penalty case from North Carolina, the 4th Circuit orders a district court to hold an evidentiary hearing on whether the state court’s failure to investigate an allegation […]
Texas’ top prosecutor: Drug source can be secret
DALLAS (AP) — Texas can keep secret the name of its supplier for its execution drugs, the state attorney general determined after law enforcement argued that suppliers face serious danger. In the decision, Attorney General Greg Abbott’s Office cited a “threat assessment” signed by Texas Department of Public Safety director Steven McCraw that says pharmacies […]
Drugs in botched Oklahoma execution leaked from IV
OKLAHOMA CITY (AP) — Some of the three drugs used in a botched Oklahoma execution this week didn’t enter the inmate’s system because the vein they were injected into collapsed, and that failure wasn’t noticed for 21 minutes, the state’s prison chief said, urging changes to the state’s execution procedure. Medical officials tried for nearly […]
Man dies of heart attack after botched execution
McALESTER, Okla. (AP) — Oklahoma prison officials halted an inmate’s execution after a new drug combination left the man writhing and clenching his teeth on the gurney. He later died of a heart attack. Clayton Lockett, 38, was declared unconscious 10 minutes after the first of three drugs in the state’s new lethal injection combination […]
Judge blocks sale of execution drug
A federal judge has temporarily blocked an Oklahoma pharmacy from providing an execution drug to the Missouri Department of Corrections for an upcoming lethal injection.
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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