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Court extends halt in Louisiana executions after judge dies
Lawyer Blog Post | 2018/01/12 10:44
A court order blocking Louisiana from carrying out any executions has been extended indefinitely after the death of the federal judge who issued it.

A lawsuit challenging the state's lethal injection protocols has kept death sentences on hold since 2014. U.S. District Judge James Brady, who died Dec. 9 after a brief illness, oversaw the lawsuit and agreed to order the temporary stay of all executions.

Brady's order was due to expire next Monday, but U.S. District Judge Shelly Dick agreed Thursday to extend it until another judge is assigned to the lawsuit.

Louisiana has 72 inmates on death row, according to state corrections department spokesman Ken Pastorick. The state's last execution was in January 2010, when it carried out a death sentence for Gerald Bordelon, who was convicted of killing his 12-year-old stepdaughter in 2002.

Drug shortages have forced the corrections department to rewrite its execution plan several times since 2010. Under the state's current execution protocols, its primary method is a single-drug injection of pentobarbital, a powerful sedative. The alternative method is a two-drug combination of the painkiller hydromorphone and the sedative midazolam.

The most recent order that Brady issued to halt executions — at the request of Louisiana Attorney General Jeff Landry — is limited to death row inmates who are plaintiffs in the litigation. But others can join the lawsuit if an execution date is set by the courts.


Thai court drops royal insult charges against academic
Lawyer Blog Post | 2018/01/11 09:51
A Thai military court on Wednesday dropped royal insult charges against an 84-year old historian who questioned whether a Thai king had actually defeated a Burmese adversary in combat on elephant-back over 500 years ago.

Sulak Sivaraksa was charged in October under the draconian lese majeste law that protects the monarchy from libel and defamation. The Bangkok military court had agreed to hear views from historians and experts before it decided to drop the charges for lack of evidence.

Sulak, a veteran academic and proclaimed royalist, said he had petitioned Thailand's new king, Vajiralongkorn, for help in dropping the charges against him.

"I contacted many people for help but no one dared to. So I petitioned the king. If it weren't for His Majesty's grace, this case would not have been dropped," he said.

His case stems from a 2014 university lecture when he told the audience to "not fall prey to propaganda" and questioned whether King Naraesuan had really won the 1593 battle by defeating a Burmese prince in solo combat mounted on a war elephant. The story is one of Thailand's most celebrated historical feats and the date of the combat is marked each year with a military parade on Jan. 18.

Insulting the monarchy is punishable by three to 15 years in prison. The law in writing appears to only protect the king, queen, and heir apparent but in practice the rules are more widely interpreted.




Western powers warn Kosovo on changing war crimes court law
Lawyer Blog Post | 2018/01/07 10:45
Five western nations have warned Kosovo against repealing or amending a law on a war crimes court, saying it would suffer negative consequences "in international and Euro-Atlantic integration."

A statement Thursday from the nations — the United States, Britain, France, Germany and Italy — said they were "deeply concerned by ongoing efforts to undermine the work of the Specialist Chambers." It called on Kosovo politicians and lawmakers "to abandon any thought of repealing or re-negotiating any aspect of the law ... (because that) calls into question Kosovo's commitment to the rule of law."

In December, a group of Kosovo lawmakers tried to amend the law, seeking to extend its jurisdiction over Serbs, their former adversaries in the 1998-1999 war for independence. The court now has jurisdiction only over potential war crimes suspects who were Kosovo citizens.

"(This move) puts the interests of certain individuals above the interests of Kosovo society. We condemn such a move," the nations said.

Kosovo detached from Yugoslavia following a three-month NATO air war in 1999 to stop a bloody Serbian crackdown against ethnic Albanian separatists. It then declared unilateral independence from Serbia in 2008, a move recognized by 114 states but not by Serbia.

The court law was passed in 2015 as a result of U.S. and European pressure on Kosovo's government to confront alleged war crimes that the Kosovo Liberation Army committed against ethnic Serbs.


Ohio court to hear big online school's funding case Feb. 13
Lawyer Blog Post | 2018/01/03 10:47
The Ohio Supreme Court will hear arguments in February over the state's efforts to recoup $60 million from one of the nation's largest online charter schools.

The Electronic Classroom of Tomorrow is challenging how officials tallied student logins to determine that the virtual school was overpaid for the 2015-16 school year.

The state says that ECOT didn't sufficiently document student participation to justify its funding and could owe millions more from 2016-17.

The court has scheduled oral arguments in the case for Feb. 13.

The e-school has said it could be forced to close in early 2018, in the middle of the school year, if the court doesn't intervene. ECOT said such a closure would affect almost 12,000 students and eliminate more than 800 jobs.


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