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Girl appeals Slender Man stabbing to Wisconsin Supreme Court
Lawyer Media News | 2020/09/12 10:28
One of two girls convicted of stabbing a classmate to please the horror character Slender Man asked the Wisconsin Supreme Court on Friday to rule that the case should have been tried in juvenile court.

Morgan Geyser and Anisa Weier attacked their friend, Payton Leutner, in a Waukesha County park following a sleepover in 2014. Geyser stabbed Leutner 19 times, as Weier encouraged her, leaving the girl to die. All three girls were 12 at the time.

Leutner survived the attack. Geyser pleaded guilty to attempted first-degree intentional homicide in adult court in a deal with prosecutors to avoid prison. She was found not guilty by reason of mental disease or defect. Weier pleaded guilty to attempted second-degree intentional homicide in adult court. She was also found not guilty by reason of mental disease or defect.

Geyser was ordered to spend 40 years in a mental health institution, and Weier was committed to one for 25 years. Geyser’s attorney, Matthew Pinx, argued in his petition to the Wisconsin Supreme Court on Friday that Geyser thought she had to kill Lautner or Slender Man would kill her or kill her family. She was acting in self-defense and should have been charged with attempted second-degree intentional homicide in juvenile court, Pinx argued.

He also maintained that Geyser gave statements to detectives before she was read her rights, and she couldn’t really understand what rights she gave up when she agreed to speak alone with a detective while she was in custody and confessed to the stabbing.

The state Department of Justice is defending Geyser’s conviction. Department spokeswoman Gillian Drummond had no immediate comment. Last month, the 2nd District Court of Appeals rejected  the argument that Geyser’s case was overcharged and belonged in juvenile court.


Tennessee Supreme Court delays second execution due to pandemic
Lawyer Media News | 2020/06/14 09:45
The Tennessee Supreme Court on Friday issued a stay of execution for a second death row inmate because of the coronavirus pandemic. Byron Black's execution was scheduled for Oct. 8, but the court moved it to April 8, 2021.

Attorneys for the 64-year-old Black had said the pandemic made it impossible to have a hearing on whether Black is competent to be executed. They also wrote that the health crisis is interfering with his ability to prepare for a clemency request.

The court also extended until January Black's deadline for a petition alleging incompetence. The previous deadline was next month. "The stay will help protect guards, witnesses, attorneys representing the prisoners, attorneys for the State, and everyone else involved in these cases," said Kelley Henry, supervisory assistant federal public defender.

Henry said Black has mental defects and medical issues. "For the court to evaluate Mr. Black's competency, it would need to hear from mental health experts who are out of state and can't travel to Tennessee to examine Mr. Black in the prison at this time," Henry said. "The stay in Mr. Black's case was absolutely necessary."

Tennessee's attorney general opposed Black's motion to delay his execution. Attorney General Herbert Slatery wrote in Supreme Court filings that attorneys for Black and another inmate who sought a stay, Harold Nichols, were speculating about future public health conditions in their delay requests.

Black was convicted by a Nashville court of murdering his girlfriend Angela Clay and her daughters Latoya, 9, and Lakesha, 6, at their home in 1988. Prosecutors said he shot the three during a jealous rage. Black was on work release at the time for shooting and wounding Clay's estranged husband.


Court approves PG&E’s $23B bankruptcy financing package
Lawyer Media News | 2020/03/16 11:02
Pacific Gas & Electric on Monday won court approval to raise $23 billion to help pay its bills over destructive California wildfires after Gov. Gavin Newsom dropped his opposition to a financing package designed to help the nation’s largest utility get out of bankruptcy.

The milestone reached during an unusual court hearing held by phone moves PG&E closer to its goal of emerging from one of the most complex bankruptcy cases in U.S. history by June 30.

Newsom has said he fears P&E is taking on too much debt to be able to afford an estimated $40 billion in equipment upgrades needed to reduce the chances of its electricity grid igniting destructive wildfires in the future.

The utility’s outdated system triggered a series of catastrophic wildfires in 2017 and 2018 that killed so many people and burned so many homes and businesses that the company had to file for bankruptcy early last year.

But the recent volatility in the financial markets caused by the coronavirus pandemic apparently softened Newsom’s stance after PG&E lined up commitments from investors promising to buy up to $12 billion in company stock.


Juul Labs sought to court AGs as teen vaping surged
Lawyer Media News | 2020/03/11 11:04
It was a blunt warning about the dangers of youth vaping: Georgia Attorney General Chris Carr announced late last month that his state had joined 38 others to investigate whether Juul Labs, the nation’s largest electronic cigarette company, promoted and sold its nicotine-heavy products to teens.

Ten months earlier, a team of Juul representatives met with Carr and his senior staff. They delivered a 17-page presentation laden with information about the public-health potential of Juul’s combustion-free vaping devices for adult smokers and the company’s “commitment to ending youth use,” a pledge that included more rigorous retail and online sales controls.

It was a blunt warning about the dangers of youth vaping: Georgia Attorney General Chris Carr announced late last month that his state had joined 38 others to investigate whether Juul Labs, the nation’s largest electronic cigarette company, promoted and sold its nicotine-heavy products to teens.



Justices return for season of big decisions, amid campaign
Lawyer Media News | 2020/02/19 13:37
For a Supreme Court that says it has an allergy to politics, the next few months might require a lot of tissues.

The court is poised to issue campaign-season decisions in the full bloom of spring in cases dealing with President Donald Trump’s tax and other financial records, abortion, LGBT rights, immigration, guns, church-state relations and the environment.

The bumper crop of political hot potatoes on the court’s agenda will test Chief Justice John Roberts’ insistence that the public should not view the court as just another political institution.

“It’s interesting that all of this is coming together in an election year. The chief justice has made it clear that people should view the court as a nonpolitical branch of government and people tend to have the opposite view when they see these big cases,” said Sarah Harrington, who has argued 21 cases in front of the high court.

The justices are gathering on Friday for the first time in nearly a month to put the finishing touches on opinions in cases that were argued in the fall and decide what new cases to take on. Most prominent among the possibilities is the latest dispute over the Obama-era health care overhaul.



Court takes another look at Native American adoption law
Lawyer Media News | 2020/01/22 15:59
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.

A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.

Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.

A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.

A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.

Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.


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