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Kansas court upholds death sentence for sheriff's killing
Legal Information | 2016/07/26 10:56
The Kansas Supreme Court on Friday upheld the death sentence imposed against a man who fatally shot a sheriff during a 2005 drug raid.

Kansas hasn't executed anyone in more than 50 years, and Friday's decision in Scott Cheever's case is only the second time the court has upheld a death sentence under the state's 1994 capital punishment law.

An execution by lethal injection isn't likely to be scheduled soon, but state Attorney General Derek Schmidt said in a statement, "today's ruling marks the end of the first line of appeals in this case."

Cheever acknowledged shooting Greenwood County Sheriff Matt Samuels as Samuels tried to serve a warrant at a rural home about 75 miles northeast of Wichita, but Cheever's attorney argued that he was too high on methamphetamine for the crime to be premeditated.

The slain sheriff's son, Heath Samuels, is now serving as interim sheriff in his father's old job in Greenwood County. He said he was "very excited" to see the court system still works. The family supports the death penalty, he said.



Appeals court delay requested in ex-Virginia governor's case
Legal Information | 2016/07/23 10:57
Prosecutors have asked a federal appeals court to delay action for 30 days on a U.S. Supreme Court ruling in former Virginia Gov. Bob McDonnell's corruption case — to allow both sides time to analyze it.

The Richmond Times-Dispatch reportsthe U.S. Attorney's Office said the motion filed jointly Thursday proposes that parties file a briefing schedule or update the 4th Circuit Court of Appeals on discussions after 30 days.

McDonnell was convicted in 2014 of doing favors for a wealthy businessman in exchange for more than $165,000 in gifts and loans.

The Supreme Court overturned McDonnell's conviction in June, saying his actions were distasteful but didn't necessarily violate federal bribery laws. The case was returned to the lower court to decide whether there's enough evidence for another trial.





Family files lawsuit against hospital and city in death
Local Legal Events | 2016/07/22 10:57
An attorney for a Florida man charged with fatally shooting a patient and employee at a hospital in an apparent random attack says his client is severely mentally ill.

Harley Gutin is an attorney for 29-year-old David Owens. He said Monday that his client is incompetent to stand trial.

Titusville, Florida, police say Owens entered Parrish Medical Center early Sunday and fatally shot 88-year-old patient Cynthia Zingsheim and employee Carrie Rouzer, who was sitting in Zingsheim's room. Owens has been charged with two counts of murder and is being held at the county jail.

Gutin says Owen's family had been trying desperately in recent weeks to get him long-term mental health care.

Gutin says he has no idea how Owens was able to get a gun.



Philippine court clears Arroyo of plunder, orders her freed
Legal World News | 2016/07/18 10:57
The Philippine Supreme Court on Tuesday dismissed a plunder case against former President Gloria Macapagal Arroyo and ordered her freed immediately after nearly five years of hospital detention — a decision the grateful ex-leader indicated can help her deal with those who "through self-serving interpretation and implementation of the law" made her suffer.

The 15 justices voted 11-4 to grant Arroyo's petition seeking to dismiss the case before the special anti-graft Sandiganbayan court because of insufficient evidence, Supreme Court spokesman Theodore Te said. The case involved the alleged misuse of 366 million pesos ($7.8 million) from the state lottery agency, the Philippine Charity Sweepstakes Office.

Arroyo thanked the court "for finally stopping the persecution I had unjustly gone through the last five years" and President Rodrigo Duterte "for allowing due process to take its course."

She released a statement while still detained in the hospital, with the serving of the court's order for an immediate release apparently delayed by paperwork.

"It is my fervent hope that nobody else will suffer the persecution that had been levied on me through self-serving interpretation and implementation of the law," she said. "And that the disregard for truth for which I was made to suffer be dealt with accordingly at the soonest possible time."

Arroyo was detained under former President Benigno Aquino III, who accused her of corruption and misrule. Aquino's successor, Duterte, however, has said the plunder case against her was weak. She rejected his offer of a pardon because it would require that she be first convicted, preferring to fight the allegation.

Aquino has not commented on the court decision. But his former justice secretary and now Senator Leila de Lima said the Supreme Court seems to have assumed a role as a "trier of facts" in the case, supplanting the anti-graft court's assessment when it declared there was insufficient evidence of guilt.


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