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Court halts execution of Alabama inmate with dementia
Attorney Interview | 2018/01/11 03:04
The U.S. Supreme Court has halted the execution of an Alabama inmate whose attorneys argue that dementia has left the 67-year-old unable to remember killing a police officer three decades ago.

Justices issued a stay Thursday night, the same evening that Vernon Madison was scheduled to receive a lethal injection at a southwest Alabama prison. The court delayed the execution to consider whether to further review the case.

Madison was sentenced to death for the 1985 killing of Mobile police Officer Julius Schulte, who had responded to a call about a missing child made by Madison's then-girlfriend. Prosecutors have said that Madison crept up and shot Schulte in the back of the head as he sat in his police car.

Madison's attorneys argued that strokes and dementia have left Madison unable to remember killing Schulte or fully understand his looming execution. The Supreme Court has previously ruled that condemned inmates must have a "rational understanding" that they are about to be executed and why.

"We are thrilled that the court stopped this execution tonight. Killing a fragile man suffering from dementia is unnecessary and cruel," attorney Bryan Stevenson, of the Equal Justice Initiative, said Thursday after the stay was granted.

The Alabama attorney general's office opposed the stay, arguing that a state court has ruled Madison competent and Madison has presented nothing that would reverse the finding.


Steve Mostyn, Houston attorney and major Dem donor, dies
Attorney Interview | 2017/11/18 14:46
Steve Mostyn, a prominent Houston trial attorney and a top Democratic Party donor, has died. He was 46.

In a statement, his family confirmed Thursday his death on Wednesday "after a sudden onset and battle with a mental health issue."

"Steve was a beloved husband and devoted father who adored his children and never missed any of their sporting events," the statement reads. "He was a true friend, and a faithful fighter for those who did not have a voice."

"Steve touched countless lives. Many friends and colleagues in Texas and throughout the country have reached out during this painful time. Our family is requesting privacy . . . The details of a celebration of Steve's life will be announced at a later date."

"In honor of Steve's life and legacy,  please consider supporting the important work of the Mostyn Moreno Foundation or the Special Olympics of Texas. If you or a loved one are thinking about suicide, or experiencing a health crisis, call the National Suicide Prevention Lifeline right now."

Born John Steven Mostyn  in Whitehouse, a small town in East Texas, just southeast of Tyler, Mostyn graduated from the South Texas College of Law in 1996 and joined a Houston firm. Soon, he went on his own to create what he called "a uniquely different Texas law firm" -- Mostyn Law -- that focused on corporate negligence and wrongdoing.



Samsung worker killed by brain tumor wins compensation case
Attorney Interview | 2017/11/07 14:48
Overturning an appeal court's decision, South Korea's Supreme Court said Tuesday the family of a Samsung worker who died of a brain tumor should be eligible for state compensation for an occupational disease.

The ruling on Lee Yoon-jung, who was diagnosed with a brain tumor at age 30 and died two years later, reflects a shift in the handling of such cases in South Korea.

Workers used to have the onus of proving the cause of a disease caused by their work. But after years of campaigning by labor advocates to raise awareness about the obstacles workers face in getting information about chemicals used in manufacturing, courts have begun to sometimes rule in favor of workers.

Lee worked at a Samsung chip factory for six years from 1997 to 2003 but there was no record available of the levels of chemicals she was exposed to while working there.

An appeals court denied the claim filed by Lee, based on government investigations into the factory conducted after she left the company. The investigations reported that the workers' exposure to some toxins, such as benzene, formaldehyde and lead, were lower than maximum permissible limits. They did not measure exposure levels to other chemicals or investigate their health risks.

The Supreme Court said such limitations in government investigations should not be held against a worker with a rare disease whose cause is unknown.

The case filed by Lee's family is the second time this year South Korea's highest court has ruled in favor of a worker. In August, the Supreme Court struck down a lower court's ruling that denied compensation to a former Samsung LCD factory worker with multiple sclerosis.

The government-run Korea Workers' Compensation & Welfare Service, the defendant in the case, did not respond to requests for comment.

Lim Ja-woon, the lawyer representing Lee, said brain tumors are the second-most common disease, after leukemia, among former Samsung workers who sought compensation or financial aid from the government or from Samsung for a possible occupational disease. He said 27 Samsung Electronics workers have been diagnosed with brain tumors, including eight people who worked at the same factory as Lee.


Illinois to require veterans courts across the state in 2018
Attorney Interview | 2017/10/30 00:17
A law passed last year requires every judicial circuit in Illinois to have a veterans treatment court starting Jan. 1.

The courts allow veterans who were honorably discharged to plead guilty to a crime in exchange for a probation sentence, The Chicago Tribune reported. The sentence requires frequent court visits and mental health or substance abuse treatment.

Veterans can also apply to have their records expunged upon completing the sentence. Those who use the courts typically face lower level felonies.

Supporters say the program will help those who risked their lives for their country.

Army veteran Gregory Parker enrolled in the Lake County Veterans Treatment and Assistance Court after his fourth drunken driving arrest resulted in a felony reckless driving charge. Parker graduated from the program in about 18 months. He's quit drinking and continues to go to therapy.

"I finally find myself enjoying things in life I've never enjoyed before," he said.

But some wonder if every community has the resources or the need for a court dedicated to veterans.

Some rural communities may only have a few veterans moving through the court system, said Michelle Rock, executive director of the Illinois Center of Excellence for Behavioral Health and Justice, which provides support for treatment courts statewide.

"We know that it may not be cost-effective for every county in the state to have one," she said.

Before the new law, Kane County officials weighed the need for a veterans court with the availability of resources and decided against offering the court, said Court Administrator Doug Naughton.

The overall court system should be improved, instead of offering one group more options, said Ed Yohnka, spokesman for the ACLU of Illinois.




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