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Court orders new hearing for Adnan Syed in ‘Serial’ murder case
State Law Issues |
2024/08/25 13:45
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A 2022 court hearing that freed Adnan Syed from prison violated the legal rights of the victim’s family and must be redone, Maryland’s Supreme Court ruled Friday, marking the latest development in the ongoing legal saga that gained global attention years ago through the hit podcast “Serial.”
The 4-3 ruling means Syed’s murder conviction remains reinstated for the foreseeable future. It comes about 11 months after the court heard arguments last October in a case that has been fraught with legal twists and divided court rulings since Syed was convicted in 2000 of killing his high school ex-girlfriend Hae Min Lee.
Syed has been free since October 2022, and while the Supreme Court's ruling reinstates his convictions, the justices did not order any changes to his release.
The court concluded that in an effort to remedy what was perceived to be an injustice to Syed, prosecutors and a lower court “worked an injustice” against Lee’s brother, Young Lee. The court ruled that Lee was not treated with “dignity, respect, and sensitivity,” because he was not given reasonable notice of the hearing that resulted in Syed being freed.
The court ruled that the remedy was “to reinstate Mr. Syed’s convictions and to remand the case to the circuit court for further proceedings.”
The court also said Lee would be afforded reasonable notice of the new hearing, “sufficient to provide Mr. Lee with a reasonable opportunity to attend such a hearing in person,” and for him or his counsel to be heard.
In a dissenting opinion, Justice Michele Hotten wrote that “this case exists as a procedural zombie.”
“It has been reanimated, despite its expiration,” Hotten wrote. “The doctrine of mootness was designed to prevent such judicial necromancy.”
The latest issue in the case pitted recent criminal justice reform efforts against the legal rights of crime victims and their families, whose voices are often at odds with a growing movement to acknowledge and correct systemic issues, including historic racism, police misconduct and prosecutorial missteps.
The panel of seven judges weighed the extent to which crime victims have a right to participate in hearings where a conviction could be vacated. To that end, the court considered whether to uphold a lower appellate court ruling in 2023 in favor of the Lee family. It reinstated Syed’s murder conviction a year after a judge granted a request from Baltimore prosecutors to vacate it because of flawed evidence.
Syed, 43, has maintained his innocence and has often expressed concern for Lee’s surviving relatives. The teenage girl was found strangled to death and buried in an unmarked grave in 1999. Syed was sentenced to life in prison, plus 30 years.
Syed was released from prison in September 2022, when a Baltimore judge overturned his conviction after city prosecutors found flaws in the evidence. |
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Court grants Texas man a stay of execution just before his scheduled lethal injection
State Law Issues |
2024/07/17 11:01
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The U.S. Supreme Court granted a stay of execution for a Texas man 20 minutes before he was to receive a lethal injection Tuesday evening. The inmate has long maintained DNA testing would help prove he wasn’t responsible for the fatal stabbing of an 85-year-old woman during a home robbery decades ago.
The nation’s high court issued the indefinite stay shortly before inmate Ruben Gutierrez was to have been taken to the death chamber of a Huntsville prison.
Gutierrez was condemned for the 1998 killing of Escolastica Harrison at her home in Brownsville in Texas’ southern tip. Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of her mistrust of banks.
Gutierrez has sought DNA testing that he claims would help prove he had no role in her death. His attorneys have said there’s no physical or forensic evidence connecting him to the killing. Two others also were charged in the case.
The high court’s brief order, released about 5:40 p.m. CDT, said its stay of execution would remain in effect until the justices decide whether they should review his appeal request. If the court denies the request, the execution reprieve would automatically be lifted.
Gutierrez, who had been set to die after 6 p.m. CDT, was in a holding cell near the death chamber when prison warden Kelly Strong advised him of the court’s intervention.
“He was visibly emotional,” prison spokeswoman Amanda Hernandez said, adding he was not expecting the court stay. “We asked him if he wanted to make a statement but he needed a minute.”
“He turned around to the back of the cell, covered his mouth. He was tearing up, speechless. He was shocked.”
She said Gutierrez then prayed with a prison chaplain and added: “God is great!”
Gutierrez has had several previous execution dates in recent years that have been delayed, including over issues related to having a spiritual adviser in the death chamber. In June 2020, Gutierrez was about an hour away from execution when he got a stay from the Supreme Court.
In the most recent appeal, Gutierrez’s attorneys had asked the Supreme Court to intervene, arguing Texas has denied his right under state law to post-conviction DNA testing that would show he would not have been eligible for the death penalty. |
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Israel’s high court orders the army to draft ultra-Orthodox men
State Law Issues |
2024/06/25 10:06
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Israel’s Supreme Court on Tuesday ruled unanimously that the military must begin drafting ultra-Orthodox men for compulsory service, a landmark decision that could lead to the collapse of Prime Minister Benjamin Netanyahu’s governing coalition as Israel continues to wage war in Gaza.
The historic ruling effectively puts an end to a decades-old system that granted ultra-Orthodox men broad exemptions from military service while maintaining mandatory enlistment for the country’s secular Jewish majority. The arrangement, deemed discriminatory by critics, has created a deep chasm in Israel’s Jewish majority over who should shoulder the burden of protecting the country.
The court struck down a law that codified exemptions in 2017, but repeated court extensions and government delaying tactics over a replacement dragged out a resolution for years. The court ruled that in the absence of a law, Israel’s compulsory military service applies to the ultra-Orthodox like any other citizen.
Under longstanding arrangements, ultra-Orthodox men have been exempt from the draft, which is compulsory for most Jewish men and women, who serve three and two years respectively as well as reserve duty until around age 40.
These exemptions have long been a source of anger among the secular public, a divide that has widened during the eight-month-old war, as the military has called up tens of thousands of soldiers and says it needs all the manpower it can get. Over 600 soldiers have been killed since Hamas’ Oct. 7 attack.
Politically powerful ultra-Orthodox parties, key partners in Netanyahu’s governing coalition, oppose any change to the current system. If the exemptions are ended, they could bolt the coalition, causing the government to collapse and likely leading to new elections at a time when its popularity has dropped.
In the current environment, Netanyahu could have a hard time delaying the matter any further or passing laws to restore the exemptions. During arguments, government lawyers told the court that forcing ultra-Orthodox men to enlist would “tear Israeli society apart.”
A statement from Netanyahu’s Likud party criticized the ruling, saying a bill in parliament backed by the Israeli leader would address the draft issue. Critics say it falls short of Israel’s wartime needs.
“The real solution to the draft problem is not a Supreme Court ruling,” the statement said.
In its ruling, the court found that the state was carrying out “invalid selective enforcement, which represents a serious violation of the rule of law, and the principle according to which all individuals are equal before the law.”
It did not say how many ultra-Orthodox should be drafted, but the military has said it is capable of enlisting 3,000 this year.
Some 66,000 ultra-Orthodox men are now eligible for enlistment, according to Shuki Friedman, an expert on religion and state affairs and the vice-president of the Jewish People Policy Institute, a Jerusalem think tank.
The ruling of Israel’s highest court must be followed, and the military is expected to begin doing so once it forms a plan for how to draft thousands of members of a population that’s deeply opposed to service, and which follows a cloistered and modest lifestyle the military may not be immediately prepared to accommodate. The army had no immediate comment.
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Supreme Court rejects challenge to state’s abortion law over medical exceptions
State Law Issues |
2024/05/31 14:42
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The Texas Supreme Court on Friday rejected a challenge to one of the most restrictive abortion bans in the U.S. following a lawsuit by women who had serious pregnancy complications.
The ruling from the court, whose nine justices are all elected Republicans, is the latest decision to uphold Texas’ abortion ban, which critics say does not offer enough clarity over when exceptions are allowed.
“Texas law permits a life-saving abortion,” the court wrote in the order signed by Republican Justice Jane Bland.
Last summer, state District Judge Jessica Mangrum had granted a temporary injunction preventing Texas from enforcing the ban against doctors who in their “good faith judgment” ended a pregnancy that they determined was unsafe because of complications. But that was immediately blocked by an appeal from the Texas attorney general’s office to the state’s Supreme Court.
The lawsuit filed in March 2023 didn’t seek to repeal Texas’ abortion ban, but instead aimed to force more clarity on when exceptions are allowed.
It argued that exemptions under the law, which allow an abortion to save a mother’s life or prevent the impairment of a major bodily function, are written too vaguely and create confusion among doctors, who were turning away some pregnant women experiencing health complications because they feared repercussions.
The plaintiffs said the abortion ban has made medical professionals wary of facing liability if the state does not consider the situation a medical emergency.
But the Texas Supreme Court also declined to offer clarity on the exemptions late last year after Kate Cox, a mother of two from Dallas, sued the state for the right to obtain an abortion after her fetus developed a fatal condition and she made multiple trips to an emergency room. Cox ended up leaving the state for an abortion before the court ruled that she hadn’t shown her life was in danger. The court called on the state medical board to offer more guidance.
The medical board’s proposed guidelines, unveiled earlier this year, offered little beyond advising doctors to meticulously document their decision-making. And Texas’ Republican-led Legislature is not expected to make any changes to the law’s language.
The lead plaintiff in the case, Amanda Zurawski, had been told that she had a condition that meant her baby would not survive. But the Austin woman was forced to wait until she was diagnosed with a life-threatening case of sepsis before being provided an abortion. Zurawski spent three days in intensive care and was left with a permanently closed fallopian tube from the infection, which affects her ability to have more children.
Under the law in Texas, doctors who perform abortions risk life in prison, fines of up to $100,000 and revocation of their state medical licenses. Opponents say that has left some women with providers who are unwilling to even discuss terminating a pregnancy.
Most Republican-controlled states have started enforcing new bans or restrictions on abortion since the U.S. Supreme Court in 2022 overturned Roe v. Wade, which for nearly 50 years had affirmed the constitutional right to an abortion.
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