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Brother of murder victim attacks defendant in court
Legal Information |
2015/02/04 12:18
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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. |
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Anxiety over Supreme Court's latest dive into health care
Law Firm News |
2015/02/04 12:15
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Nearly five years after President Barack Obama signed his health care overhaul into law, its fate is yet again in the hands of the Supreme Court.
This time it's not just the White House and Democrats who have reason to be anxious. Republican lawmakers and governors won't escape the political fallout if the court invalidates insurance subsidies worth billions of dollars to people in more than 30 states.
Obama's law offers subsidized private insurance to people who don't have access to it on the job. Without financial assistance with their premiums, millions of those consumers would drop coverage.
And disruptions in the affected states don't end there. If droves of healthy people bail out of HealthCare.gov, residents buying individual policies outside the government market would face a jump in premiums. That's because self-pay customers are in the same insurance pool as the subsidized ones.
Health insurers spent millions to defeat the law as it was being debated. But the industry told the court last month that the subsidies are a key to making the insurance overhaul work. Withdrawing them would "make the situation worse than it was before" Congress passed the Affordable Care Act.
The debate over "Obamacare" was messy enough when just politics and ideology were involved. It gets really dicey with the well-being of millions of people in the balance. "It is not simply a function of law or ideology; there are practical impacts on high numbers of people," said Republican Mike Leavitt, a former federal health secretary.
The legal issues involve the leeway accorded to federal agencies in applying complex legislation. Opponents argue that the precise wording of the law only allows subsidies in states that have set up their own insurance markets, or exchanges. That would leave out most beneficiaries, who live in states where the federal government runs the exchanges. The administration and Democratic lawmakers who wrote the law say Congress' clear intent was to provide subsidies to people in every state.
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Supreme Court refuses to halt execution of Ga. man
Law Firm News |
2015/01/30 14:14
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The Supreme Court has refused to halt the execution of a Georgia man whose lawyers say he is ineligible to be executed because he is intellectually disabled. Warren Lee Hill's lawyers argue he shouldn't be executed because he is intellectually disabled.
The justices on Tuesday turned away a last-minute plea from Warren Lee Hill. He is scheduled to be executed at 7 p.m. at the state prison in Jackson, Georgia.
Different courts have intervened with temporary reprieves at the last minute on three previous occasions. Justices Stephen Breyer and Sonia Sotomayor said they would have granted Hill another reprieve.
State and federal courts had already rejected his filings this time around, and the State Board of Pardons and Paroles —the only entity authorized to commute his sentence to life in prison — denied him clemency Tuesday. Hill has filings pending before the U.S. Supreme Court, which is now the only potential barrier between him and a lethal injection of the drug pentobarbital.
"The clemency board missed an opportunity to right a grave wrong," Brian Kammer, a lawyer for Hill, said in an emailed statement Tuesday. "It is now up to the U.S. Supreme Court to ensure that an unconstitutional execution of a man with lifelong intellectual disability is prevented."
Hill was sentenced to serve life in prison for the 1986 killing of his 18-year-old girlfriend, who was shot 11 times. While serving that sentence, he beat a fellow inmate, Joseph Handspike, to death using a nail-studded board. A jury in 1991 convicted Hill of murder and sentenced him to death. |
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Appeals court weighs suit in US Marshals shooting
Law Firm Press Release |
2015/01/30 14:14
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An appeals court is deciding whether deputy U.S. marshals who shot and wounded a teenage driver eight years ago may be sued in federal court, a case that's unfolding amid a national debate about police use of force and the legal protections afforded to law enforcement.
The U.S. Court of Appeals for the District of Columbia Circuit heard arguments last month and could issue an opinion soon.
The case of driver Michael Fenwick raises questions about how police can deal with fleeing individuals and the role video should play in analyzing a police pursuit. A case that presented similar issues was decided by the U.S. Supreme Court last year after fascinated justices watched dashboard camera video of the chase.
The key issue for the appeals court is whether the deputies are entitled to qualified immunity, a legal principle that shields government officials from being sued unless their actions violate clearly established constitutional rights. A lower-court judge in 2013 allowed the case to go forward, saying there were legitimate questions about whether excessive force was used, but rejected many other arguments from Fenwick's lawyer.
An appeals court ruling in favor of the marshals would end the case. But if the judges prove sympathetic to arguments that the shooting was unjustified, the case would be returned to the trial court, where it could ultimately reach a jury and add to a body of law that is still developing. That's a potentially heavy legal burden, given past court decisions that give law enforcement leeway in firing at fleeing suspects if they feel endangered. |
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