U.S. Supreme Court Justice Samuel Alito issued an order late Tuesday suspending the planned execution of a Missouri inmate with a little more than an hour to spare before the inmate's scheduled lethal injection.
Alito, who handles emergency matters for Missouri and other states covered by the 8th U.S. Circuit Court of Appeals, didn't explain why he issued the order suspending Russell Bucklew's execution, which had been scheduled for 12:01 a.m. Wednesday. But Missouri Attorney General Chris Koster issued a statement saying his office understands the full Supreme Court would consider Bucklew's requests on Wednesday.
Under Missouri law, the state has 24 hours to carry out a death warrant, meaning it could still execute Bucklew anytime on Wednesday if the high court rejects his appeals.
Alito's order came shortly after the full 8th Circuit court lifted a stay granted to Bucklew hours earlier by a three-judge panel of that court.
Bucklew, who was sentenced to death for killing a southeast Missouri man in 1996, suffers from a rare medical condition that his attorneys claim could cause him great pain during the execution process.
5/26/2014
Indian court drops charge against NYPD officer
A court in India's capital has dropped a weapons charge against a New York City police officer and is allowing him to leave the country, his lawyer said Saturday.
Officer Manny Encarnacion was arrested in March while visiting his wife in New Delhi after Indian airport authorities discovered three bullets he had accidentally packed in his luggage. He had been out on bail since his arrest, but was barred from leaving India until the case was resolved.
Before leaving for India, Encarnacion went to a police firing range and put the bullets in a coat pocket, according to New York City police. He packed the coat for the trip, forgetting that the ammunition was there, the police said.
Encarnacion, 49, joined the NYPD in 2004 and is assigned to a precinct in Harlem.
His lawyer, Samarjit Pattnaik, said the court heard the case Friday. "All charges against the officer were quashed," he said.
Patrolmen's Benevolent Association President Patrick J. Lynch said, "We are pleased that police officer Encarnacion's unfortunate ordeal has been resolved and that he'll soon be returning home."
Encarnacion's arrest took place months after a diplomatic spat between the United States and India over the arrest and strip search of an Indian consular official for alleged visa fraud in New York. But Indian authorities say Encarnacion's arrest had nothing to do with the spat.
Officer Manny Encarnacion was arrested in March while visiting his wife in New Delhi after Indian airport authorities discovered three bullets he had accidentally packed in his luggage. He had been out on bail since his arrest, but was barred from leaving India until the case was resolved.
Before leaving for India, Encarnacion went to a police firing range and put the bullets in a coat pocket, according to New York City police. He packed the coat for the trip, forgetting that the ammunition was there, the police said.
Encarnacion, 49, joined the NYPD in 2004 and is assigned to a precinct in Harlem.
His lawyer, Samarjit Pattnaik, said the court heard the case Friday. "All charges against the officer were quashed," he said.
Patrolmen's Benevolent Association President Patrick J. Lynch said, "We are pleased that police officer Encarnacion's unfortunate ordeal has been resolved and that he'll soon be returning home."
Encarnacion's arrest took place months after a diplomatic spat between the United States and India over the arrest and strip search of an Indian consular official for alleged visa fraud in New York. But Indian authorities say Encarnacion's arrest had nothing to do with the spat.
State court allows 'pink slime' lawsuit to proce
The South Dakota Supreme Court is allowing a $1.2 billion defamation lawsuit to proceed against television network ABC over its coverage of a meat product that critics derided as "pink slime."
The decision on Thursday allows the plaintiffs to potentially depose news anchor Diane Sawyer, two of the networks correspondents and other defendants.
Dakota Dunes-based Beef Products Inc. sued the network in 2012 for its coverage of the meat product the industry calls "lean, finely textured beef." BPI alleges that the coverage led to plant closures and layoffs because it misled consumers into believing the product was unsafe.
Attorneys for ABC in court filings say the network in each of its broadcasts stated the FDA deemed the product safe to eat. The network didn't immediately respond to requests for comment.
The decision on Thursday allows the plaintiffs to potentially depose news anchor Diane Sawyer, two of the networks correspondents and other defendants.
Dakota Dunes-based Beef Products Inc. sued the network in 2012 for its coverage of the meat product the industry calls "lean, finely textured beef." BPI alleges that the coverage led to plant closures and layoffs because it misled consumers into believing the product was unsafe.
Attorneys for ABC in court filings say the network in each of its broadcasts stated the FDA deemed the product safe to eat. The network didn't immediately respond to requests for comment.
11/03/2013
The Law Offices of Tenecia P. Reid - Manassas Divorce Attorney
The Law Offices of Tenecia P. Reid is dedicated to providing outstanding and creative legal solutions to clients throughout Northern Virginia.
We provide a combination of strategic counsel and aggressive advocacy to pursue your goals and protect your interests. We will give you an honest assessment of your situation, while discussing each option, the likely outcome of any course of action, and the time and financial commitment necessary to achieve the results you want.
With her practice focusing on divorce litigation, Attorney Tenecia P. Reid has specialized her family law on helping families through a difficult time. It involves a lot of time and these cases are emotional and confusing, especially when children are involved. Attorney Reid has negotiated and litigated cases that include complex marital assets, tax issues, business valuations, underwater joint mortgages, adultery, abuse, protective orders, and bankruptcy issues.
Ms. Reid will be able to confidently assess your case and situation to help you obtain the best possible results. Don't hesitate to call today!
We provide a combination of strategic counsel and aggressive advocacy to pursue your goals and protect your interests. We will give you an honest assessment of your situation, while discussing each option, the likely outcome of any course of action, and the time and financial commitment necessary to achieve the results you want.
With her practice focusing on divorce litigation, Attorney Tenecia P. Reid has specialized her family law on helping families through a difficult time. It involves a lot of time and these cases are emotional and confusing, especially when children are involved. Attorney Reid has negotiated and litigated cases that include complex marital assets, tax issues, business valuations, underwater joint mortgages, adultery, abuse, protective orders, and bankruptcy issues.
Ms. Reid will be able to confidently assess your case and situation to help you obtain the best possible results. Don't hesitate to call today!
Appeals court to review approval of BP settlement
A year ago, lawyers for BP and Gulf Coast residents and businesses took turns urging a federal judge to approve their settlement for compensating victims of the company's massive 2010 oil spill.
On Monday, however, the one-time allies will be at odds when an appeals court hears objections to the multibillion-dollar deal. That's because several months after U.S. District Judge Carl Barbier approved the settlement, BP started complaining that the judge and court-appointed claims administrator were misinterpreting it. The London-based oil giant is worried it could be forced to pay billions of dollars more for bogus or inflated claims by businesses.
Plaintiffs' attorneys who brokered the deal want the 5th U.S. Circuit Court of Appeals to uphold the class-action settlement.
As of Friday, payments have been made to more than 38,000 people and businesses for an estimated $3.7 billion. Tens of thousands more could file claims in the coming months.
The settlement doesn't have a cap, but BP initially estimated that it would pay roughly $7.8 billion to resolve the claims. Later, as it started to challenge the business payouts, the company said it no longer could give a reliable estimate for how much the deal will cost.
The dispute centers on money for businesses, not individuals. Awards are based on a comparison of revenues and expenses before and after the spill. BP says a "policy decision" that claims administrator Patrick Juneau announced in January has allowed businesses to manipulate those figures in a way that leads to errors in calculating their actual lost profits.
On Monday, however, the one-time allies will be at odds when an appeals court hears objections to the multibillion-dollar deal. That's because several months after U.S. District Judge Carl Barbier approved the settlement, BP started complaining that the judge and court-appointed claims administrator were misinterpreting it. The London-based oil giant is worried it could be forced to pay billions of dollars more for bogus or inflated claims by businesses.
Plaintiffs' attorneys who brokered the deal want the 5th U.S. Circuit Court of Appeals to uphold the class-action settlement.
As of Friday, payments have been made to more than 38,000 people and businesses for an estimated $3.7 billion. Tens of thousands more could file claims in the coming months.
The settlement doesn't have a cap, but BP initially estimated that it would pay roughly $7.8 billion to resolve the claims. Later, as it started to challenge the business payouts, the company said it no longer could give a reliable estimate for how much the deal will cost.
The dispute centers on money for businesses, not individuals. Awards are based on a comparison of revenues and expenses before and after the spill. BP says a "policy decision" that claims administrator Patrick Juneau announced in January has allowed businesses to manipulate those figures in a way that leads to errors in calculating their actual lost profits.
10/25/2013
Welcome to the Cowan Law Group - Civil Litigation Attorney
“As both a business leader and lawyer, Joe Cowan’s wise counsel over the years has been invaluable. He has a special ability to distill complex issues into understandable and well-defined courses of action.”
Josef Cowan founded our firm over 20 years ago. Welcome to the Cowan Law Group, a premier law firm that has earned a reputation as a highly effective, results-oriented firm that provides smart, strategic legal solutions in an efficient manner. For more than 20 years, leading companies and successful individuals across the country have sought out our firm because they recognize that we are a unique and powerful resource for their legal and business needs.
The success of our firm is rooted in the extensive legal and business background of our founder, Josef Cowan. In addition to being a highly respected attorney, Joe Cowan is a seasoned business executive, a licensed contractor and real estate broker, and the former founder and co-owner of one of California’s largest site construction companies.
10/09/2013
Calif. court: Spanking with wooden spoon not abuse
A state appeals court on Tuesday tossed out child abuse findings against a frustrated Northern California mother who spanked her 12-year-old daughter hard enough with a wooden spoon to cause bruising.
The 6th District Court of Appeal in San Jose reversed the child abuse determination made by the Santa Clara County Department of Social Services. Social workers waned to report Vernica Gonzalez to the state Department of Justice's child abuse database with a "substantiated" abuse determination. That determination was upheld by a trial court judge.
The appeals court said the spanking came close to abuse, but that social workers and the lower court judge failed to consider the family's entire circumstances.
Gonzalez and her husband testified that other forms of punishment such as groundings and taking away her phone had failed to persuade their 12-year-old daughter to do her schoolwork and avoid gang culture. The parents said that other family members had testified that spankings in the household were a rarity.
The appeals court said the mother's growing frustration with her daughter's behavior and her intention not to inflict harm in the April 2010 spanking weighed heavily in its ruling.
The 6th District Court of Appeal in San Jose reversed the child abuse determination made by the Santa Clara County Department of Social Services. Social workers waned to report Vernica Gonzalez to the state Department of Justice's child abuse database with a "substantiated" abuse determination. That determination was upheld by a trial court judge.
The appeals court said the spanking came close to abuse, but that social workers and the lower court judge failed to consider the family's entire circumstances.
Gonzalez and her husband testified that other forms of punishment such as groundings and taking away her phone had failed to persuade their 12-year-old daughter to do her schoolwork and avoid gang culture. The parents said that other family members had testified that spankings in the household were a rarity.
The appeals court said the mother's growing frustration with her daughter's behavior and her intention not to inflict harm in the April 2010 spanking weighed heavily in its ruling.
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