Results matching “first”

OK Executes Convicted Murderer:  In its final execution of 2013, the Oklahoma Department of Corrections executed convicted murderer, Johnny Dale Black.  The Associated Press reports that Black was sentenced to death for his role in a 1998 brutal roadside attach on a 54-year-old man who died after suffering 11 stab wounds, several broken ribs, and two punctured lungs.  Black was the sixth person executed by the state of Oklahoma this year.

Death Penalty Advocate Calls for Reform: Former NFL football star Kermit Alexander, is calling on California to reform its death penalty process in order to provide justice for victims.  Alexander, who lost four members of his family in a violent home invasion, writes that district attorneys, law enforcement and victim's rights advocates are proposing an initiative that would "revamp the appeals process, Death Row housing and victim restitution."  Alexander is calling for the state to require death row inmates to work inside the prison in order to raise money for victim restitution, if the inmate elects not to work, he/she would lose access to privileges such as personal televisions and radios.  

Florida Lawmakers Aim to Toughen Sex Offender Laws: Four Florida senators have introduced legislation that would require tougher penalties for habitual sex offenders.  Rochelle Koff of the Miami Herald reports that the bills call for lengthening sentences and more thorough evaluations of offenders before they are considered for release.  The legislation is in response to  the recent kidnapping, rape, and murder of a 7-year-old girl at the hands of a registered sex offender, who had been evaluated and released from prison twice prior to the murder. 

Alleged LAX Shooter May Face Death Penalty: 23-year-old Paul Ciancia, the man charged with  murdering a TSA agent at Los Angeles International Airport last month, now faces a possible death sentence after a federal grand jury charged him with first-degree murder and multiple other felonies.  Andrew Blankstein of NBC News reports that along with the murder charge, Ciancia has also been charged with the attempted murders of two other TSA agents during his shooting spree targeting airport employees.  Three of the other felonies Ciancia has been charged with qualify as special circumstances.

Parole Board to Set Minimums for Life Inmates:   An appeal by a California inmate convicted of murder has resulted in a settlement that may result in earlier releases for parole-eligible inmates.  The Associated Press reports that 46-year-old  inmate, Roy Butler, argued  on appeal that his request for parole had been unjustifiably denied for the past 10 years.  Under the settlement, the state's parole board will be required to establish a minimum time that an inmate has to serve in prison before he/she is eligible for release.  For inmates kept behind bars longer than their established minimum sentence, the parole board will be required to explain why they are a danger to the public and should remain incarcerated. 

Federal Appeals Court Upholds Sentence in Terror Case: A federal appeals court has upheld the conviction of an Iraqi man sentenced to life for conspiring to send money and weapons to al-Qaida in 2010 and 2011.  The Associated Press reports that 26-year-old Mohanad Shareef Hammad challenged his sentence based on the claim of government misconduct after he discovered he had been working alongside an informant.  The presiding judge in the case ruled against Hammad, citing that the government presented Hammad with the opportunity to commit a crime and he elected to participate. 

Mississippi set to end Conjugal Visits: Beginning February 1, 2014, inmates in the Mississippi Department of Corrections will no longer be allowed to have conjugal visits.  George Brown of WREG Memphis reports that the Department of Corrections decided to put an end to the visits due to "budgetary reasons and the number of babies born as a possible result."  Mississippi was one of only six states allowing conjugal visits, and of the more than 22,000 inmates incarcerated, only 155 were eligible and participated in conjugal visits over the last fiscal year. 

Prosecution to Seek Death Penalty in Grandparents' Murder: 21-year-old Kyle Drattlo and two of his friends could be sentenced to death if found guilty in the murders of Drattlo's grandparents earlier this year.  Patrick McNamara of the Arizona Daily Star reports that the trio has been charged with first-degree murder for their role in stabbing the elderly couple and stealing their car.  In addition to the first-degree murder charges, Drattlo and his two accomplices have also been charged with burglary and armed robbery.

Oklahoma Executes Convicted Double-Murderer: 53-year-old convicted murderer Ronald Lott was put to death Tuesday evening after being convicted of brutally raping and murdering two elderly women in the late 1980's.  Rick Halperin of Death Penalty News reports that Lott was linked to the crime by DNA evidence 11 years after a different man, Robert Lee Miller Jr., had already confessed to the murders and had been sentenced to death.  Lott became the 5th person executed by the state of Oklahoma this year, their 6th and final execution of the year is scheduled for next week.    

Ex-Con Arrested in Murder of Arizona Girl: Authorities in Arizona have made an arrest in the death of a 14-year-old girl found assaulted and strangled in an apartment complex dumpster last week.  The Associated Press reports that police arrested 31-year-old Alex Madrid on suspicion of first-degree-murder, kidnapping, molestation, and several other charges related to the brutal attack after DNA evidence linked him to the crime.  Madrid, who has a lengthy criminal history dating back to 2000, was originally arrested last Friday on probation violations and had been living with the girl's family prior to the murder.

CA to Electronically Monitor Inmates:  The California Department of Corrections and Rehabilitation has announced plans to begin implementing a new electronic tracking system at 32 institutions that prison guards will use monitor inmates.  Amy Stewart of All Voices reports that the new system replaces the old paper system, which resulted in continuous errors. The new system is designed to reduce inmate suicides and homicides by ensuring that prison staff check in on inmates thoroughly and at the correct intervals, all while electronically recording and monitoring their activities.

There is a movement in Congress to repeal or dramatically scale back mandatory minimum sentencing laws.  Specifically, four bills are on the table for a Senate Judiciary Committee markup on December 19.  The most brazen is the Leahy/Paul bill, which would effectively repeal mandatory minimums by allowing judges to ignore them at will.  A less radical plan is the Durbin/Lee bill, which would slash mandatory minimums by roughly half.  There are two other bills for what are called "back-end" reductions in sentencing.  In a way, these bills are even worse, because they hide from public view their slashing of mandatory minimum sentences; the sentences would be sliced and diced for ever-malleable "good behavior" well away from the time of conviction, much less any press coverage.

Overcrowding Forces the Release of Man Accused of Killing 8:  A man held in a California jail for four months on drug charges was released due to overcrowding, just before authorities connected him to the 13-year-old murders of eight Mexican government officials.  Fox News Latino reports that Genaro Olaguez was released on his own recognizance after serving four months for drug charges involving four marijuana grow houses in Stockton, CA.  Five months later in September, a Sacramento-based task force was informed by the Mexican government that Olaguez was being sought in the slayings, and he was apprehended.  Currently, officials are still deciding how and when to return him to Mexico.

Coalition Seeks Change in Death Penalty Rules:  A San Diego law enforcement coalition has announced support of reforms to California's death penalty process, suggesting the streamlining of appeals and the implementation of an execution method less subject to legal challenges.  Teri Figueroa of UT San Diego reports that the 53 percent of voters who rejected a measure to abolish the death penalty last year will support the new proposal to enforce it.  The last murderer executed in the state was Clarence Ray Allen in 2006, after spending over 23 years on death row.  Members of the group Californians for Death Penalty Reform and Savings believe that "families should not have to wait decades for justice."

NH Man who Killed Parents as a Teen Gets Parole:  A New Hampshire parole board ruled Thursday that a man who has spent over 15 years in prison for murdering his parents at age 14, will be paroled under the condition that he complete counseling and learn necessary life skills.  Holly Ramer of the Associated Press reports that 31-year-old Jeffrey Dingman has earned his high school equivalency degree and work full-time at a steel mill while incarcerated.  The parole board is concerned that he lacks the skills to succeed in society, due to his age at the time he entered prison.  In 1996, Dingman and his 17-year-old brother shot their parents to death when they returned home from work, hid their bodies and partied all weekend before returning to school on Monday.  The older brother is serving a life sentence for first-degree murder and conspiracy. 

Justice Dept. Loses Death Penalty Ruling.:  A federal district judge in Oakland, California has blocked the Justice Department from authorizing states to put their death penalty cases on a "fast track" once they reach federal court. Bob Egelko of the SF Chronicle reports that a 1996 law established the process, but left the decisions on which state's qualified to federal judges. But after nine years, no state that had applied, including California, was found qualified by a federal judge. In 2006 the law was amended to have the Department of Justice decide if a state met the criteria and the DC Circuit to handle judicial review.  A key hurdle was the competency standard for lawyers appointed to represent condemned murders.  Responding to a lawsuit questioning those standards by a group of defense attorneys, Judge Claudia Wilken has issued a preliminary injunction halting the application process.  CJLF Legal Director Kent Scheidegger says that the law is being delayed for no good reason.

Illegal Immigrant Murders Cellmate in Order to Stay in Prison: An illegal immigrant being held in an Arizona prison admitted to authorities that he killed his cellmate out of fear that his release date was approaching and he wanted to stay in prison.  SneJana Farberov of the Daily Mail reports that 43-year-old Roberto Venegas-Fernandez has been charged with first-degree murder after prison officials say he choked and stomped his cellmate to death out of fear that he would be deported back to Mexico and have no place to stay if he was released from prison.  Venegas-Fernandez, a Mexican citizen, had been convicted of a sex crime in the U.S. and was set to be released in a few months.    

Judge Denies OJ Simpson's Bid for Retrial: OJ Simpson will remain behind bars after a Nevada judge denied his request for a retrial and upheld his conviction on kidnapping, robbery, and other charges.  Greg Botelho of CNN reports that Simpson's defense team requested a retrial based on the claim that his original attorney had a conflict of interest, improperly advised him not to testify, and failed to inform him of a plea offer made by the prosecution.  Simpson, who was sentenced to 33 years in prison in 2007, is eligible for early release, but still has at least four more years of time left to be served behind bars.

Teenage Hitman Leaves Mexican Prison for the U.S.: An American-born teenager who has spent the last three years in a juvenile detention facility in Mexico has been released and deported back to the United States by Mexican authorities.  Simon Gardner of Reuters reports that 17-year-old Edgar Jimenez was hired by the South Pacific drug cartel at the age of 14 and carried out serious crimes, including several murders, kidnapping, torture, and trafficking cocaine. Jimenez will be taken to a rehabilitation in Texas upon his release.

Convicted Murderer Attacks Correctional Officer: For the second time in less than a week, a correctional officer at California's prison facility in Sacramento has been attacked and severely injured by an inmate.  Bill Lindelof of the Sacramento Bee reports that the most recent attack took place Saturday evening when an officer was attempting to search the cell of a convicted murderer and was attacked, leaving the officer with multiple facial fractures and a laceration that required stitches.  This was the second attack on an officer in less than a week, the first occurred on Monday after a guard was slashed in the back of his neck by an inmate housed in a maximum-security unit.

Accused Murderer Had History of Domestic Violence: An Oregon man accused of murdering a young mother and holding her 2-year-old daughter hostage had been arrested and convicted of felony domestic violence crimes just two months prior.  Dan Cassuto of KATU News reports that Dustin Bryant had been charged with the domestic violence crimes after an attempted assault against the young woman and was sentenced to 36 months of probation, 20 days in jail, and ordered to stay away from her.  However, just a few weeks after being released, Bryant violated his parole by returning to the woman's apartment where he shot her in the head and took her daughter hostage for eight hours until SWAT officers could rescue her.

Court Rejects Murderer's Sentencing Appeal: The Nevada Supreme Court has once again rejected convicted murderer and death row inmate William Castillo's petition to overturn his death sentence.  Sean Whaley of the Las Vegas Review-Journal reports that Castillo is challenging his sentence based on the claim that two of the four aggravating circumstances found by the sentencing jury were invalid based on a previous Supreme Court ruling.  Castillo was convicted and ultimately sentenced to death after murdering an 86-year-old woman and setting her home on fire. 

Woman to Plead Guilty in Ricin Case: A Texas woman who authorities say mailed ricin-laced letters to both President Obama and New York Mayor Mike Bloomberg has agreed to plead guilty to the federal indictments she has been charged with in exchange for an 18-year maximum sentence.  The Associated Press reports that 36-year-old Shannon Guess Richardson contacted authorities after mailing the letters in an attempt to frame her husband and implicate him in the crime, a plan that ultimately backfired and resulted in her own arrest.  In addition to pleading guilty, Richardson also plans on telling the government the names of the other individuals involved in the crime.

The U.S. Supreme Court took up four civil cases today.  The crime-related case is Wood v. Moss, No. 13-115. The Questions Presented, as framed by the Solicitor General, are:

1.  Whether the court of appeals erred in denying qualified immunity to Secret Service agents protecting the President by evaluating the claim of viewpoint discrimination at a high level of generality and concluding that pro- and anti-Bush demonstrators needed to be positioned an equal distance from the President while he was dining on the outdoor patio and then while he was travelling by motorcade.

2.  Whether respondents have adequately pleaded viewpoint discrimination in violation of the First Amendment when no factual allegations support their claim of discriminatory motive and there was an obvious security-based rationale for moving the nearby anti-Bush group and not the farther-away pro-Bush group.

All the press coverage will be on the birth-control insurance cases.

Update: Not quite all.  Robert Barnes has this story in the WaPo.

As the Justices were prepping for the conference, the heavy news coverage was of the 50th anniversary of the assassination of President Kennedy.  All but Justice Kagan are old enough to remember that day.

We are often lectured about the "root causes" of crime.  They turn out to be numerous, but have one thing in common:  It's never the fault of the guy who did it.  It was someone or something else's fault:  Fell in with the wrong crowd, was off the meds,  neglectful parents, racism, poverty, bad schools, the One Percent, brain lesions, too many Twinkies, not enough Twinkies, lead paint, "urban survival syndrome," you name it.

Death Row Inmate Suspect in Another Murder:  An Ohio man recently sentenced to death for murdering a 23-year-old mother and her two young children is now the focus of an unsolved 1994 murder that investigators have reopened.  SF Gate reports that inmate Curtis Clinton used to live in the same neighborhood as 73-year-old Ida May Franklin and frequently visited her prior to her death.  In April 1994, Franklin's body was discovered under a mattress propped against a couch, strangled and with her throat slit.  Similarly, in September 2012, Heather Jackson's body was found between a mattress and a box spring; she and her two children had also been strangled.  Jackson and her children were killed seven months after Clinton was released from prison for a 10-year sentence of involuntary manslaughter, also involving the strangulation death of a woman.

Criminal Who Inspired Three Strikes Released on PRCS:  The man whose lengthy criminal history inspired California's three strikes law is out of prison and living in Fresno after being released under the state's prison realignment law.  CT Post reports that because Realignment defines Douglas Walker's last crime was non-serious, he has been released on post-release community supervision, rather than state parole.  In 1992, Walker received a nine-year sentence for robbery, attempted robbery, and accessory charges in the shooting death of 18-year-old Kimber Reynolds.  His most recent conviction was for grand theft.  The author of the three strikes law believes Walker will commit another crime.

Details Surrounding Sandy Hook Shooting Released: Connecticut authorities revealed today that they have yet to establish a motive behind last December's deadly Sandy Hook Elementary shooting that resulted in the deaths of 20 first-graders and six adults.  Fox News reports that the 44-page summary released today by the state indicates that suspected gunman, 20-year-old Adam Lanza, had a fascination with mass-shootings and collected newspaper articles detailing similar shootings from around the world.  It was also revealed that Lanza suffered from 'significant mental health issues', but refused to seek treatment or medication.

Man Serving Life Sentence for Murder Found Guilty in 1974 Homicide:  A man already serving a life sentence for a 1983 double-murder was found guilty yesterday in the 1974 killings of an Ohio couple and their four-year-old daughter.  Glenn Stevens of WFMJ reports that James Ferrara's fingerprints matched the three that were lifted from the crime scene 39 years ago when they were resubmitted to a computerized database in 2009.  Prosecutors state that the fingerprint evidence against Ferrara are stronger than DNA evidence.  At trial, they offered no motive for the slayings.

Convicted Sex Offender Accused of Rape and Kidnapping: A Texas man has been arrested after failing to register as a sex offender and has been named as the primary suspect in an alleged kidnapping and rape of a 30-year-old woman.  Grand Lake News reports that the woman reported to authorities that she was knocked unconscious, forced into a vehicle, and taken to a mobile home where she was raped.  The man accused, Terry Stanfill, recently moved to Missouri after serving a 25-year sentence in Texas for an unrelated aggravated sexual assault charge. 

Missouri to Carry Out More Executions With New Method:  After successfully carrying out its first execution in almost three years on Wednesday, the state of Missouri is expected to start proceeding with more executions utilizing their new supply of pentobarbital made by a compounding pharmacy.  Chris Blank of the Associated Press reports that the courts have given Missouri a green light to go ahead with their scheduled executions, and the state Supreme Court has been urged to set the dates for 17 death row inmates.  Allen Nicklasson is the next murderer scheduled to die on December 11, 2013, for the 1994 murder of a businessman who stopped to assist Nicklasson with his broken down vehicle along Interstate 70.

Parole Sought for Dying Inmate Sentenced to Life as a Juvenile:  A female inmate dying of stage four breast cancer, once the youngest lifer in Iowa's prison system, was resentenced this week and recommended for parole by a Polk County District Court judge.  Grant Rodgers of the Des Moines Register reports that if Kristina Joy Fetters is granted parole, she will become the first juvenile lifer in the state of Iowa to be released after the U.S. Supreme Court ruled that LWOP sentences are unconstitutional for juveniles.  In 1995, at the age of 15, Fetters was convicted of first-degree murder of her great-aunt, who died when Fetters struck her in the head with a skillet and stabbed her five times.

Fifty years ago today was one of those moments in history when everyone old enough to be cognizant of public affairs remembers exactly where he was when he heard the news.  I qualify for this one, barely.  It was also the first and last time I saw a newspaper "extra."

A curious note on federalism and criminal law:  Had he lived, Oswald would have been prosecuted for murder by the State of Texas.  Despite multiple past assassinations, assassinating the President was not a federal offense.  18 U.S.C. §1751 was enacted in 1965.

David Bernstein had this post yesterday at the Volokh Conspiracy on the strangeness of the press coverage.

Sixty-eight years ago today, chief prosecutor Robert H. Jackson (TDY from the Supreme Court) delivered his opening argument at the Nuremberg trials.  John Q. Barrett writes an email list with lots of biographical information about Justice Jackson, although his opinions while on the Supreme Court are curiously absent, even when highly relevant to current controversies.  Today's entry is on the Nuremberg argument.  It will later be archived here, but it's not there as of this writing, so I have taken the liberty of copying it after the break.

I sure hope you do, because you're about to get lots more judges just like him.

Stalker Released From Jail to Kill ex-Girlfriend: A Northern California woman was shot and killed Monday by an ex-boyfriend who had been stalking her. 32-year-old Renne Pinkston was shot and killed as she sat in her vehicle in downtown Winters on Monday morning.  Pinkston leaves a young daughter.  Lauren Keene of the Daily Republic reports that the suspect, 30-year-old William Carl Gardner III, was allowed to repeatedly post bail and be released back into the community despite a lengthy history of failing to appear in court and repeatedly violating the terms of his probation related to a separate domestic-violence involving another woman.  Pinkston had gotten a restraining order to prevent his continued and sometimes violent harassment. Gardner had been released from jail on a no bail warrant last Friday.  An alert sent out Friday to warn Pinkston of Gardner's release was not received until Monday, at about the time she was killed.  Gardner is still at large. 

Jury in Cop Killing Case Recommends Death Sentence: A Florida man convicted of killing two Tampa police officers in 2010 must now wait for a judge's final penalty decision after the jury presiding over his case unanimously recommended a death sentence.  Beau Zimmer of CBS Tampa Bay reports that the defendant, 28-year-old Dontae Morris, an habitual criminal,  was convicted earlier this year for a murder he committed just 30 days before killing the two Tampa officers.  In Florida, a judge has the final say when it comes to sentencing an individual to death, but is required to give great consideration of the jury's recommendation.

Mandatory Testing for Drug Felons on Welfare:  Residents of St. Louis County, Minnesota who receive state welfare benefits and who have been previously convicted of a felony drug crime are now required to take a mandatory drug test in order to receive benefits.  John Myers of the Duluth News Tribune reports that those drug felons receiving benefits will be subject to a random urinalysis prior to their eligibility reviews every 6-12 months. A positive test will result in a sanction under the state Department of Health and Human Services policy.  A second failure requires disqualification from receiving benefits. About 4 percent of the 4,616 individuals in St. Louis County receiving welfare benefits have been identified as convicted drug felons.

Serial Killer Executed in Missouri: Convicted serial killer Joseph Paul Franklin was put to death Wednesday morning after the U.S. Supreme Court lifted two stays that were granted Tuesday evening seeking to delay his execution.  Karen Brooks of Reuters reports that Franklin was the first Missouri inmate to be executed under the state's new execution protocol which allows the Department of Corrections to use pentobarbital created in a compounding pharmacy rather than in an FDA approved pharmaceutical factory.  Franklin was the 35th death row inmate in the U.S. to be executed this year.

"War Against Women" is a political catchphrase used by Democrats to attack Republicans for the latter's generally more conservative views on the availability of abortion, pay "equity", government financial assistance to families, and several other questions.

Yesterday, as noted in today's News Scan, the Florida Supreme Court granted a stay of execution in one of the oldest capital cases, that of Thomas Knight, a.k.a. Askari Abdullah Muhammad.  The order is here.  Two justices dissent.

Knight/Muhammad challenges Florida's new injection protocol, which substitutes midazolam hydrochloride for the first drug of the three-drug protocol that was standard until the last few years.  The protocol includes a check for consciousness after the first drug, the safeguard that Justice Ginsburg found critically missing from the Kentucky protocol upheld by a majority in Baze v. Rees.

The usual constitutional test in prison medical cases is "substantial risk of serious harm."  As the Baze plurality indicated, in the lethal injection context that translates to a substantial risk of severe pain during the execution.  The Florida Supreme Court majority concludes that Muhammad "has raised a factual dispute, not conclusively refuted, as to whether the use of midazolam hydrochloride in Florida's lethal injection protocol will subject him" to such a risk.  So they send the matter to the trial court for an evidentiary hearing, followed by a rapid briefing schedule, and oral argument, if necessary, on December 18.  The stay expires in a little over a month, December 27.

On the merits, the dissent is probably right.  As a practical matter, I think the court's action is for the best.  The stay is brief.  With an evidentiary hearing, findings of fact, and a state court opinion on the merits, the resulting judgment should be close to bulletproof when (not if) the attack is made in federal court.  When these steps are missing or inadequate, the federal courts are more likely to step in, and the overall delay is likely to be longer.

When a jurisdiction resumes executions after a gap, it is good to begin with a murderer who is exceptionally depraved even by death row standards.  The execution of Timothy McVeigh, for example, was the first in the federal system in 48 years.

Missouri's recent gap has been considerably shorter, only two years, but nonetheless they have an exceptionally appropriate miscreant set for next Wednesday.  Jim Salter reports for AP:

No one knows exactly how many atrocities Joseph Paul Franklin committed as he crossed the country more than three decades ago, fueled by hatred of blacks and Jews. Along the way he bombed a synagogue, robbed banks, shot and wounded a porn icon -- and killed, by his own account, nearly two dozen people.

Even among the hard-core criminals on Missouri's death row, Franklin is perhaps the most notorious, a cunning killer who picked out victims at random, using marksman skills to murder and maim from a hidden spot in a vacant building, a grassy field and a highway overpass.

Missouri has given up on using propofol for executions and has evidently secured a source of pentobarbital, which is the best one to use if they can get it.  It's use in animal euthanasia is very well established, and it has been used in numerous executions since thiopental became hard to get.

Federal Judges Dismiss Death Penalty Challenge: A pair of federal judges has thrown out challenges filed on behalf of seven Florida death row inmates who are arguing that the state's new death penalty drug constitutes as cruel and unusual punishment.  Derek Kinner of the Associated Press reports that the ruling is not final, and the judges have given the inmates and their attorneys 60 days to file a new complaint.  The state of Florida was forced to switch to a different lethal injection method after their supply of the previously used execution drug, pentobarbital, expired. 

Sex Offenders to pay Annual Registration Fee: Michigan Governor Rick Snyder has signed a bill requiring sex offenders to pay a $50 annual fee when registering in order to offset costs for maintaining the state's registry website.  Jonathan Oosting of M Live reports that the Michigan State Police spend roughly $1.2 million each year running the site, and with help from the new annual fee, that price is estimated to drop by $700,000.  Prior to the bill, sex offenders were charged a one time fee of $50 when registering for the first time, which generated roughly $150,00 annually.   

Judge won't Block Ohio Child Killer's Upcoming Execution: A federal judge has denied convicted child killer, Ronald Phillips, request that his execution be halted due to concerns over the state's new lethal injection method.  Andrew Welsh-Huggins of the Associated Press reports that the judge ruled against a claim from Phillips' attorneys which argued that the announcement of its new lethal injection policy was delayed in order to prevent them from investigating it.   Phillips, who is scheduled to be executed on November 14th,  was sentenced to death for the rape and murder of his girlfriend's 3-year-old daughter.  The protocol changes are described in this post on October 5.

Yesterday and today, the California Supreme Court heard oral arguments for the first time in the newly restored Stanley Mosk Library and Courts Building in Sacramento.*  Howard Mintz reports  for the San Jose Mercury News on a bar admission case with a notorious background.

Disgraced journalist Stephen Glass may have to choose a vocation other than the law to complete his road to redemption.

The California Supreme Court on Wednesday showed no signs of sympathy regarding Glass' bid for a license to practice law, hammering his journalistic past and suggesting his infamous history of fabricating dozens of magazine stories and public lies disqualifies him from joining the profession.

During an hour of arguments in Sacramento, all seven justices were skeptical of Glass' position that he is not the same person who tarnished the journalism world 15 years ago.

"Here is my problem," Justice Carol Corrigan told Jon Eisenberg, Glass' lawyer. "They say character is what you do when no one is looking. Mr. Glass' history ... when no one is looking has been pretty abysmal."

Added Justice Kathryn Mickle Werdegar: "Being admitted to practice law is a privilege. Our task is to certify that his moral character is such today that he can with integrity be a member of the bar."

Kent has noted today's Senate hearing at which a couple of witnesses were sufficiently impolite to point out that incarceration works better to tamp down crime than a stern lecture and rehab (see, as to the latter, any number of posts I wrote about Ms. Rehab, Lindsay Lohan).

WASHINGTON -  Health and Human Services Secretary Kathleen Sebelius admitted Wednesday that it was possible convicted felons could be hired as ObamaCare 'navigators,' giving them access to personal information like Social Security numbers and addresses of anyone signing up for the program.

Sebelius made the admission in an exchange with Sen. John Cornyn, R-Texas., during a Senate Finance Committee hearing. It was the second time in a week Sebelius was on Capitol Hill, forced to defend the problem-plagued ObamaCare website.

"Isn't it true that there is no federal requirement for navigators to undergo a criminal background check," Cornyn asked her.

"That is true," Sebelius answered. "States could add in additional background checks and other features, but it is not part of the federal requirement."

Cornyn pressed, "So a convicted felon could be a navigator and could acquire sensitive personal information from an individual unbeknownst to them?"

Sebelius answered, "This is possible."

Bill Would Return 17-year-olds to Juvenile System: Wisconsin's, "Second Chance" bill was passed by the Assembly Corrections Committee last week on a unanimous vote. The Green Bay Press Gazette reports that the bill would return first-time, nonviolent 17-year-old offenders to the juvenile justice system.   It is reported that 17-year-olds who spend time in the adult system show significantly higher recidivism rates compared to both younger and older age groups. Both houses of the Legislature will face a vote on the bill this fall.

Georgia Inmates Using Cell Phones to Commit Crimes: A Channel 2 investigation reveals that inmates in Georgia are  victimizing the public from behind bars by using smuggled cell phones to orchestrate crimes. Kerry Kavanaugh of WSB-TV reports that the Department of Corrections is trying to address this growing problem, with more than 5,100 cell phones confiscated in the first six months of this year. One has been to incorporate a "managed access system" which blocks unauthorized calls and texts. Mississippi Corrections Commissioner says that over 5 million calls and texts have been intercepted since the system was put in place.

Even with Changes, U.S. Prisons May Remain Overcrowded: A report released on Tuesday suggests that the severe overcrowding in federal prisons could persist for years, even if Congress were to implement changes to reduce the number of people incarcerated. David Ingram of Reuters reports that federal prisons would still be operating at 20 percent above capacity in 10 years in spite of cutting in half mandatory minimum sentences for drug crimes. The increase in inmates has occurred because of mandatory minimum prison terms enacted during the 1980s and 1990s, as Congress got tough on criminals. Witnesses are testifying today before the Senate Judiciary Committee about a prison overhaul, which would also include changes to the budget.

Parolees and Probationers Filling Idaho Prisons:  In the state of Idaho, over 40% of prison beds are being occupied by returning probationers and parolees, according to researchers from the Center for Justice and the Pew Charitable Trusts.  Betsy Z. Russell of the Spokesman-Review reports that the inmates who do return to prison will stay there for an average of two more years.  Idaho's return-rate is much higher compared to that of other states which may explain why its crime rate is far below the national average and that of most other states.  But some see it as a problem and have proposed solutions including major reforms to the state's supervision systems and sentencing laws.

Judge Finds Panhandling Restrictions Violate of Free Speech:  An Arizona law, which made begging and panhandling in public places a crime, has been deemed by a federal judge to be unconstitutional, violating the First Amendment. Linda Kor of the Arizona Journal reports that communities embraced the law because it reduced vagrancy. The judge's ruling allows beggers to sit on the sidewalk with cardboard signs asking for help, but will treat aggressive panhandling as a crime.

Teen Sentenced in Murder of his Father: A 13-year-old Southern California boy has been sentenced 40 years to life in prison for murdering his neo-Nazi father as he slept in 2010.  Leticia Juarez of ABC Los Angeles reports that the judge presiding over the case ordered the boy, who was tried as juvenile, to begin serving his sentence at a juvenile detention facility.  With good behavior, he could be eligible for parole in as little as five years. 

"Once more unto the breach, dear friends, once more."  The California prisoner release litigation is headed back to the US Supreme Court for the third time.

The first time, a three-judge court composed of three of the most pro-criminal, anti-victim judges in the entire federal bench ordered massive reductions in California's prisoner-to-capacity ratio.  The Governator appealed, but the decision came down after Jerry Brown had retaken the office.  The Supreme Court affirmed in Brown v. Plata.  At the end of the opinion, though, the high court noted that the formula in the order was not carved in stone and should be reconsidered as needed.

The three-judge court ignored the latter admonition, ignored the progress California has made, and refused to modify its formula.  The state appealed again to the Supreme Court but got tripped up in the technical distinction between an appeal from an injunction and an appeal from a refusal to modify an injunction.  Jurisdiction for the latter lies in the Court of Appeals, not the Supreme Court, and the appeal was dismissed for lack of jurisdiction two weeks ago. See this post.

Depending on your point of view, California has already released either the most it can without endangering the public (Brown's view) or more than we safely can, having already endangered the public (my view).  See also this article in the WSJ by Heather MacDonald.  Pushing more prisoners on county jails will not work, as the realignment program has already filled the jails in many counties beyond capacity.  So the options to comply with order are to either expand capacity by using out-of-state placements or unleash dangerous criminals on the public.

In a breathtakingly astonishing act of judicial arrogance, the three-judge panel actually ordered the Governor of California not to enter into any contracts for out-of-state capacity, without citing any legal basis whatsoever for such a prohibition.  This is a new injunction, and should be within the Supreme Court's direct appeal jurisdiction.  The Governor has filed a notice of appeal. Just in case, he has also filed a protective appeal to the Ninth Circuit. I suggest the Governor also make a renewed motion to modify the underlying order and appeal the inevitable denial to the Ninth Circuit.

The case has not appeared on the SCOTUS online docket yet.  I will post a link when it does.

A little less than two weeks ago, I wrote of the gruesome consequences (the beating death of a toddler) of not taking seriously the killer's prior history of violence toward little children. Today, I see, right on the local D.C. news, yet more consequences of the same deadly complacency. The give-them-a-second-chance crowd never seems to want to get too explicit about what the second chance is for, and the following illustrates why:A 29 year-old thug, Stephon Prather, shot a policeman in nearby Howard County, Maryland. He was taken into custody today.  Exactly ten paragraphs down into the story, we see this:

Prather has had trouble with the law before. In 2006, he faced a mountain of charges: six counts each of attempted murder, first-degree assault and second-degree assault. That was in addition to charges of use of a handgun in a crime and conspiracy to attempt murder.

The charges stemmed from a dispute between Prather and some family members.

Under a deal with prosecutors, he pleaded guilty to two counts of first-degree assault and and was set to serve five years.

But in late 2007, Prather's sentence was reconsidered. A judge agreed to turn Prather over to the Maryland Department of Health and Mental Hygiene for substance abuse treatment.

Court records show that by early 2009, Prather had been discharged by a nonprofit rehab program, Second Genesis, Inc.

Brian Haas reports for The Tennessean:

Tennessee's barely functioning death penalty is on the verge of revival after state officials finally settled on a new lethal injection drug and scheduled a man to die for the first time in more than a year.

*                              *                          *

But last month, the state said it had solved its lethal injection drug problem by switching to pentobarbital, an anesthetic most commonly used to euthanize pets. State officials scheduled Nickolus Johnson, convicted of killing a policeman in Bristol in 2004, to die on April 22, 2014, at 7:10 p.m.

*                              *                          *

But the switch to pentobarbital has opponents worried that the state's death penalty is gearing up yet again.

That's a good thing, said Michael Rushford, president of the Sacramento, Calif.-based Criminal Justice Legal Foundation, which supports the death penalty. He said compounding pharmacies could solve the ongoing supply problems.

"I think the compounding approach will probably be the new 'hip' thing to do. That will solve that problem," he said. "This may be the end of this kind of challenge."

MS Reviewing Inmate's Release Eligibility:  Mississippi's Earned Release Supervision program, which lets inmates earn time off of their sentences by completing education courses, exercising good behavior, and participating in other programs, has allowed one inmate, sentenced to 20 years for manslaughter, to gain eligibility for release.  The AP reports that participation in the program depends upon behavior and work ethic, and once granted release, inmates remain under control of Corrections and are not permitted to leave the state.  In response to objections by family members of the inmate's murder victim, prosecutors are looking to amend the law to require that 85 percent of inmates' sentences are served.

State Defends its Treatment of Mentally Ill Inmates:  California launched its defense on Tuesday over its methods of handling mentally ill inmates, which included testimony of a California State Prison psychiatrist that stated prolonged restraint of prisoners and the use of pepper spray is sometimes necessary to save inmates' lives.  Denny Walsh and Sam Stanton of The Sacramento Bee report that earlier this month, the inmates' lawyers played a graphic video in court of the cell extraction of a particular inmate, hoping that the shocking footage would persuade the judge to impose limits on the staff's use of force.  However, the state continues to argue that the scenes displayed are not representative of the efforts made by staff members to prevent injury to patients and preserve life.

Advocates Seek Restoration of Felon Voting Rights:  Inmate advocates are pushing Kentucky lawmakers to restore voting rights to most non-violent felons once their sentences have been completed.  Mike Wynn of the Courier-Journal reports that Kentucky is only one of four states that permanently bars felons from voting, inadvertently impacting the disproportionately high number of African American ex-convicts.  Studies show that voting rights are related to reduced recidivism. 

Tougher Gang Laws Sought in South Carolina:  State lawmakers are moving legislation to reform state laws on gang violence and repeat offenders, in the wake of a recent shooting that left an 18-year-old college student paralyzed.  Zachary Treu of Greenville Online reports that the reforms include updating language regarding gang member recruitment, sentencing enhancements for gang-related crimes, and minimum bond requirements for gang-related crimes. Senate Bill 19 and House Bill 3051, are currently making their way through the state legislature. Legislators also announced that they will look at the records of judges up for reappointment and oppose those with a history of releasing individuals from jail who should remain incarcerated.

Arizona Scheduled to Execute 2nd Inmate this Month:  Robert Glen Jones Jr., convicted of the 1996 murders of six people in two armed robberies, is scheduled to be executed today in Arizona.  Walter Berry of the Associated Press reports that Jones was out on parole at the time of the crimes, after serving time for burglary and grand theft.  He will become the 36th inmate executed in Arizona since 1992 and the second inmate in the state to be put to death by lethal injection in the past two weeks.  Update:  The execution began at 10:35 a.m. MST, and Jones was pronounced dead at 10:52, Hipolito Corella reports in the Arizona Daily Star.

Missouri Switches to New Execution Drug: Missouri is the latest state to switch over to a new lethal injection drug after the governor announced nearly two weeks ago that he was halting executions until a new drug could be found.  Jim Salter of the Associated Press reports that Missouri will join a list of 13 other states by utilizing the sedative pentobarbital in future executions.  The state is also using a compounding pharmacy to produce the drug in order to alleviate supply problems. Missouri's first execution using the new drug is scheduled for November 20, 2013. 

Georgia to Review Death Penalty Provision: Georgia, the first state to pass a law prohibiting the execution of mentally retarded death row inmates, is revisiting a requirement for defendants to prove their retardation beyond a reasonable doubt.  Kate Brumback of the Associate Press reports that while some states have a lower threshold for proving a mental retardation, others don't have any standards set.  Roch Golick, chairman of the House Judiciary Non-Civil Committee, affirms that a meeting concerning the issue, which is scheduled for Thursday and seeking input from the public, does not mean that the law will be changed nor that the state is moving towards abolishing the death penalty.

San Joaquin County Blames State for Early Release of Parole Violators: In San Joaquin County, dozens of parole violators are being released from jail early due to a dramatic change in California's parole revocation process.  Jennie Rodriguez-Moore of the Record reports that county officials are demanding that state parole agents process the necessary paperwork in 48 hours, which is not "physically possible" according to a Dept. of Corrections spokesman.  This has left parole departments unable to produce petitions in time for parolees' court hearings.  AB109, better known as Realignment, is playing a significant role in these parole revocation decisions because the jail population has been limited by a court order, leaving the county with no choice but to prioritize their cases and release parole violators.

High Court to Hear Murderer's Retardation Claim: The Supreme Court justices will review a Florida Supreme Court ruling that upheld the death sentence for a man who scored just above the state's cutoff for mental retardation as measured by IQ tests.  Mark Sherman of the Associated Press reports that Florida law prohibits anyone with an IQ score of 70 or higher from being classified as mentally retarded, and thus ineligible for the death penalty.  The defendant in this case, Freddie Lee Hall, scored between 71 and 80 on three IQ tests.  Though Hall's sentence was upheld, it is acknowledged that there is no national consensus on how to determine mental retardation.  The high court will hear the case early next year.

Kent and I have blogged a number of times about the Administration's missteps in dealing with captured terror suspects and, in particular, whether and at what point they should be advised of Miranda rights  --  advice that is likely to bring to a halt whatever cooperation they might have been giving.

Tonya Alanez of the Sun Sentinel (Fort Lauderdale) has this story on the execution of William Happ.

It took just 13 minutes to still the beating heart of a Lauderdale Lakes woman's killer by lethal injection Tuesday evening.

But in a jaw-dropping moment before he could say any more, the condemned man confessed, apologized and asked for forgiveness.

"For 27 years, the horrible murder of Angela Crowley has been clouded by circumstantial evidence and uncertainty," William Frederick Happ said. "For the sake of her family, loved ones and all concerned, it is to my agonizing shame that I must confess to this terrible crime."

Opponents of the death penalty say it does not allow for the possibility of redemption, but there is a kind of redemption in a killer confessing, apologizing, and taking his deserved punishment.  How often does a scene like this occur when the sentence is life without parole?

The usual suspects claimed that Florida's substitute drug in its three-drug protocol could result in extreme pain if it was not properly administered so as to put the inmate "under" before the second and third drugs.  Of course, but that was the issue with thiopental as well.  The simple answer is a consciousness check between the first and second drugs.  Justice Ginsburg's dissent in Baze v. Rees was based largely on the absence of such a step from the Kentucky protocol.  (Kentucky has since adopted a single-drug protocol, although an injunction remains in effect for no good reason.)  Florida has this safeguard, as described in the story.