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Joaquin 'El Chapo' Guzman returns to court in drug case
Lawyer Blog Post | 2017/05/04 04:32
Mexican drug lord Joaquin "El Chapo" Guzman is returning to a Brooklyn courtroom Friday, a day after a judge rejected his request to be allowed in the general inmate population.

The 59-year-old defendant famous for twice escaping from prison in Mexico lost his bid Thursday to relax the terms of his confinement at a lower Manhattan lockup when U.S. District Judge Brian Cogan concluded that solitary confinement was appropriate.

Cogan said the U.S. government had good justifications for applying tough jail conditions on a man who escaped twice, including once through a mile-long tunnel stretching from the shower in his cell. But Cogan relaxed the restrictions known as Special Administrative Measures enough for Guzman to communicate with his wife through written questions and answers.

His lawyers said in a statement that it was "devastating" for Guzman and his wife that they will not be allowed jail visits.

Guzman was brought to the U.S. in January to face charges that he oversaw a multi-billion dollar international drug trafficking operation responsible for murders and kidnappings. He has pleaded not guilty.


Bangladesh High Court upholds death for 2 in blogger killing
Lawyer Blog Post | 2017/04/02 17:04
Bangladesh's High Court on Sunday confirmed the death penalty for two people tied to a banned Islamist militant group for the killing of an atheist blogger critical of radical Islam.

The court also upheld jail sentences for six others after appeals were filed challenging the verdicts handed down by a trial court in 2015.

Sunday's decision involves the killing of Ahmed Rajib Haider, who was hacked to death in 2013. Haider had campaigned for banning the Jamaat-e-Islami party, which opposed Bangladesh's independence from Pakistan in 1971.

One of the defendants was Mufti Jasimuddin Rahmani, the leader of the Ansarullah Bangla Team, and the rest were university students inspired by his sermons.

During the trial, the students said that Rahmani incited them to kill Haider in sermons in which he said all atheist bloggers should be killed to protect Islam.

The two North South University students who received the death sentences included Faisal bin Nayeem, who the court said hacked Haider with meat cleavers in front of his house in Dhaka, Bangladesh's capital. Another was tried in absentia. The others received prison sentences ranging from three years to life. Rahmani was sentenced to five years.



Raw power in North Carolina: governor, legislature in court
Lawyer Blog Post | 2017/03/07 16:20
Lawyers for North Carolina Gov. Roy Cooper and the state's legislative leaders face off in court Tuesday over whether a series of new laws diminishing the governor's powers are constitutional.

A state panel of three trial judges will determine the outcome, though its decision can be appealed in a process that could last months.

The challenged laws require Cooper's picks to run 10 state agencies be approved by the GOP-led Senate, strip the governor's control over running elections, slash his hiring options and give civil service protections to hundreds of political appointees of former Republican Gov. Pat McCrory.

GOP lawmakers adopted the provisions reducing Cooper's powers during a surprise special legislative session two weeks before the Democrat took office Jan. 1.

The key argument raised by attorneys for state House Speaker Tim Moore and Senate leader Phil Berger is that North Carolina's legislature is — and should be — dominant in a state government where the three branches of government were designed to be separate, but not equal.

Cooper's attorneys contend that even if North Carolina's governor was established in the state constitution to be weak compared with most state executives across the country, the new laws encroach on the governor's powers and upset the balance of powers that have developed.

The determination of Republican lawmakers to shift Cooper's authority to legislative leaders continued last week in party-line votes. The House bills would eliminate Cooper's ability to choose board members at more than a dozen community colleges, and to fill vacancies on the state District Court, where most criminal and civil cases get heard.


Court: Missouri not required to name execution drug's source
Lawyer Blog Post | 2017/02/20 14:10
A Missouri appellate court has ruled that the state's prison officials aren't obligated to publicly reveal the source of the drug used to execute prisoners.

The appellate court's Western District decided Tuesday to overturn a 2016 trial court ruling that found the state wrongly withheld documents that would identify pharmaceutical suppliers, The Kansas City Star reported.       

The appeals court agreed with the state that a law that protects the identity of the state's execution team applies to those who supply the execution drug pentobarbital.

Major drug companies for the past several years have refused to allow their drugs to be used in executions. Missouri and many other active death penalty states refuse to disclose the source of their drugs, though the sources are widely believed to be compounding pharmacies ? organizations that make drugs tailored to the needs of a specific client. Those pharmacies do not face the same approval process or testing standards of larger pharmaceutical companies.

The appeals court ruling said that disclosing the identities of "individuals essential to the execution process" could hinder Missouri's ability to execute the condemned.

Several states also are facing legal challenges to lethal injection practices. Just last month, a federal judge found Ohio's latest lethal injection procedure unconstitutional while Texas sued the Food and Drug Administration over execution drugs that were confiscated in 2015. In Oklahoma last year, a grand jury criticized state officials charged with carrying out executions, describing a litany of failures and avoidable errors.



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