Hobbs doesn’t plan to carry out execution scheduled by court

Arizona Gov. Katie Hobbs says corrections officials will not carry out an execution even though the state Supreme Court scheduled it over the objections of the state’s new attorney general. The Democratic governor’s vow not to execute Aaron Gunches on April 6 for his murder conviction in a 2002 killing came a day after the state Supreme Court said it must grant an execution warrant if certain appellate proceedings have concluded — and that those requirements were met in Gunches’ case. A week ago, Hobbs appointed retired U.S. Magistrate Judge David Duncan to examine the state’s procurement of lethal injection drugs and other death penalty protocols due to the state’s history of mismanaging executions. “Under my Administration, an execution will not occur until the people of Arizona can have confidence that the State is not violating the law in carrying out the gravest of penalties,” Hobbs said in a statement Friday. Attorney General Kris Mayes’ office has said the agency won’t seek court orders to carry out executions while Hobbs’ review is underway. Mayes, a Democratic who took office in January, tried to withdraw a request by her Republican predecessor, Mark Brnovich, for a warrant to Gunches. The court declined to withdraw the request on Thursday.

Judge OK’s Arizona rancher trial in Mexican migrant killing

An Arizona rancher accused of shooting at a group of migrants on his property near the U.S.-Mexico border, killing one man, will face trial on charges including second-degree murder and aggravated assault, a judge ruled Friday. Santa Cruz County Justice of the Peace Emilio G. Velasquez made his decision following hours of testimony that he said aired a lot of new information about the Jan. 30 shooting, which left Gabriel Cuen-Buitimea, a 48-year-old from Nogales, Mexico, dead on George Alan Kelly’s ranch outside Nogales, Arizona. “Do I think there was some testimony that there might have been some holes on? Yes. I do,” the judge said. “But at the end of the day ... the court does find that the offenses were committed by this defendant and I will be binding this over to Superior Court.” There was no visible reaction from Kelly, who sat with his attorney, Brenna Larkin, during a livestream of the evidentiary hearing in Nogales. The judge said Kelly, 74, can remain free on $1 million bail pending his March 6 arraignment, with restrictions including no contact with witnesses or Cuen-Buitimea’s family and a ban on possessing firearms. Larkin earlier lost a bid to postpone Friday’s hearing after prosecutors lowered Kelly’s charge from a single count of first-degree murder, which would require a finding of premeditated intent to kill and can lead to a sentence of death or life imprisonment.

Judge: Banning guns for marijuana users unconstitutional

A federal judge in Oklahoma has ruled that a federal law prohibiting people who use marijuana from owning firearms is unconstitutional, the latest challenge to firearms regulations after the U.S. Supreme Court’s conservative majority set new standards for reviewing the nation’s gun laws. Lawyers for Jared Michael Harrison had argued that their client’s Second Amendment right to bear arms was being violated by a federal law that makes it illegal for “unlawful users or addicts of controlled substances” to possess firearms. Harrison had been charged after being arrested by police in Lawton, Oklahoma, in May 2022 following a traffic stop. During a search of his car, police found a loaded revolver as well as marijuana. Harrison told police he had been on his way to work at a medical marijuana dispensary, but that he did not have a state-issued medical-marijuana card. His lawyers had argued the portion of federal firearms law focused on drug users or addicts was not consistent with the nation’s historical tradition of firearm regulation, echoing what the U.S. Supreme Court has ruled last year in a case known as New York State Rifle & Pistol Association v. Bruen. That case set new standards for interpreting the Second Amendment. Federal prosecutors had argued that the portion of the law focused on drug users is “consistent with a longstanding historical tradition in America of disarming presumptively risky persons, namely, felons, the mentally ill, and the intoxicated.” U.S. District Judge Patrick Wyrick in Oklahoma City agreed with Harrison’s lawyers, ruling on Friday that federal prosecutors’ arguments that Harrison’s status as a marijuana user “justifies stripping him of his fundamental right to possess a firearm ... is not a constitutionally permissible means of disarming Harrison.” “But the mere use of marijuana carries none of the characteristics that the Nation’s history and tradition of firearms regulation supports,” said Wyrick, who was appointed by former President Donald Trump. In his ruling, Wyrick highlighted that under Oklahoma law, marijuana can be bought legally at more than 2,000 store fronts in the state. Attorneys for Harrison, as well as the U.S. Attorney’s Office for the Western District of Oklahoma, which was prosecuting the case, did not immediately return emails seeking comment Sunday.

Interior: $580M headed to 15 tribes to fulfill water rights

Fifteen Native American tribes will get a total of $580 million in federal money this year for water rights settlements, the Biden administration announced Thursday. The money will help carry out the agreements that define the tribes’ rights to water from rivers and other sources and pay for pipelines, pumping stations, and canals that deliver it to reservations. “Water rights are crucial to ensuring the health, safety and empowerment of Tribal communities,” U.S. Interior Secretary Deb Haaland said in a statement Thursday that acknowledged the decades many tribes have waited for the funding. Access to reliable, clean water and basic sanitation facilities on tribal lands remains a challenge across many Native American reservations. The U.S. Supreme Court ruled in 1908 that tribes have rights to as much water as they need to establish a permanent homeland, and those rights stretch back at least as long as any given reservation has existed. As a result, tribal water rights often are senior to others’ in the West, where competition over the dwindling resource is often fierce. But in many cases, details about those water rights were not specified and have had to be determined in the modern era. Many tribes opted for settlements because litigation over water can be expensive and drawn out, with negotiations involving states, cities, private water users, local water districts and others that can take years, if not decades. Of the funding announced Thursday, $460 million comes from the $2.5 billion set aside for Native American water rights settlements in the Biden administration’s infrastructure bill. A federal fund created by Congress in 2009 to pay for water rights settlements will contribute the other $120 million. About $157 million will go to the Confederated Salish and Kootenai Tribes in Montana. The federal government signed the tribes’ water rights compact in 2021 and promised over the following decade to fund the rebuilding of an irrigation project on the Flathead Indian Reservation constructed in the 1900s.

President Biden to end COVID-19 emergencies on May 11

President Joe Biden informed Congress on Monday that he will end the twin national emergencies for addressing COVID-19 on May 11, as most of the world has returned closer to normalcy nearly three years after they were first declared. The move to end the national emergency and public health emergency declarations would formally restructure the federal coronavirus response to treat the virus as an endemic threat to public health that can be managed through agencies’ normal authorities. It comes as lawmakers have already ended elements of the emergencies that kept millions of Americans insured during the pandemic. Combined with the drawdown of most federal COVID-19 relief money, it would also shift the development of vaccines and treatments away from the direct management of the federal government. Biden’s announcement comes in a statement opposing resolutions being brought to the floor this week by House Republicans to bring the emergency to an immediate end. House Republicans are also gearing up to launch investigations on the federal government’s response to COVID-19. Then-President Donald Trump first declared the COVID-19 pandemic a national emergency on March 13, 2020. The emergencies have been repeatedly extended by Biden since he took office in January 2021, and are set to expire in the coming months. The White House said Biden plans to extend them both briefly to end on May 11.

California Supreme Court dumps triple-slaying death sentence

The California Supreme Court on Monday overturned the murder convictions and death sentence for a man who killed three people and committed a series of other crimes in San Diego in 1985. The court ordered a new trial for Billy Ray Waldon, ruling unanimously that a lower court judge improperly allowed Bill Ray Waldon to represent himself at trial despite testimony at an earlier competency hearing that he suffered from paranoia and a thought disorder impairing his ability to think clearly. The judge overturned a previous decision by another judge who had found Waldon wasn’t competent to represent himself. Authorities said that over a two-week period in December 1985, Waldon shot and killed Dawn Ellerman and set her home on fire, killing her teenage daughter, Erin Ellerman, by smoke inhalation. He also broke into an apartment and robbed and raped the resident, robbed four women of their purses, shot and killed Gordon Wells as he worked on a car and wounded a neighbor who had heard the shots and went to help Wells, authorities said. Waldon was finally arrested six months later. At trial, Waldon claimed federal agents had framed him for the crimes “to thwart his efforts to promote world peace, spread new languages, and advance Cherokee autonomy,” according to the Supreme Court’s ruling. He also claimed CIA agents had monitored him.

Supreme Court has failed to find leaker of abortion opinion

The Supreme Court said Thursday an eight-month investigation that included more than 120 interviews and revealed shortcomings in how sensitive documents are secured has failed to find who leaked a draft of the court’s opinion overturning abortion rights. Ninety-seven employees, including the justices’ law clerks, swore under oath that they did not disclose a draft of Justice Samuel Alito’s opinion that overturned Roe v. Wade, the court said. It was unclear whether the justices themselves were questioned about the leak, which was the first time an entire opinion made its way to the public before the court was ready to announce it. Politico published its explosive leak detailing the Alito draft in early May. Chief Justice John Roberts ordered an investigation the next day into what he termed an “egregious breach of trust.” On Thursday, the court said its investigative team “has to date been unable to identify a person responsible by a preponderance of the evidence.” The investigation has not come to an end, the court said. A few inquiries and the analysis of come electronic data remain.