Kagan: No need for court review of rogue juror
Legal News Feed
A federal judge warned jurors in a death penalty trial 41 times not to discuss the case with anyone, not even each other, until they were sent off to deliberate on a verdict. That didn't stop Cynthia Wilson, the jury foreman, from calling five news organizations and placing 71 other telephone calls to two fellow jurors.
U.S. District Judge Joseph F. Anderson Jr. of South Carolina found Wilson's behavior so outrageous that he held her in contempt of court, ordering her to return $2,500 of her juror's pay and perform 120 hours of community service. Anderson said he would have put Wilson in jail for six months if she did not have four children at home.
But when the defendant in the case, Brandon Basham, asked for his death sentence to be thrown out as a result of Wilson's conduct, Anderson refused and the 4th U.S. Circuit Court of Appeals in Richmond, Va., backed him up.
And when Basham took his plea to the Supreme Court, Solicitor General Elena Kagan agreed that the judge had made the correct call. The high court, to which Kagan has since been nominated, could say as early as Tuesday whether it will hear Basham's case.
It is no surprise that the government is seeking to preserve what it already has won, especially after the time and expense of a capital punishment trial.
Related listings
-
Kagan gets boost from potential GOP allies
Legal News Feed 05/28/2010Supreme Court nominee Elena Kagan got a boost from potential GOP supporters Thursday, when two Republican senators who will vote on her confirmation both said her lack of experience as a judge is no obstacle to elevating her.Sens. Lindsey Graham of S...
-
Mass. AG argues against federal gay marriage ban
Legal News Feed 05/27/2010The Massachusetts attorney general asked a judge Wednesday to strike down a federal gay marriage ban, arguing it interferes with the right of states to define marriage and have those marriages acknowledged by the federal government.The challenge to t...
-
Judiciary chairman defends Kagan against GOP fire
Legal News Feed 05/25/2010The chairman of the Senate Judiciary Committee is defending Supreme Court nominee Elena Kagan against Republican criticism.Sen. Patrick Leahy of Vermont says the GOP should set aside its "overheated rhetoric" questioning the qualifications and integr...
New Rochelle, New York Personal Injury Lawyers
If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.