Court to rule in Tenn. inmate's appeal
Lawyer Blogs
The U.S. Supreme Court agreed Monday to consider whether poor death row inmates seeking mercy from state officials have a right to lawyers paid for by federal taxpayers.
The justices will likely hear oral arguments around the end of the year in the case of Edward Jerome Harbison, who was convicted in the 1983 beating death of an elderly woman in Chattanooga.
Federal appeals courts have taken different positions on the issue, making the case a good one for the court to resolve, the Bush administration said. The administration wants the justices to decide that federal law for indigent capital defendants does not extend taxpayer support to inmates' efforts to win clemency.
Separately, Harbison's execution is on hold after a federal judge ruled in September that Tennessee's three-drug lethal injection method amounted to cruel and unusual punishment because of the "substantial risk of unnecessary pain" to the inmate. The 6th U.S. Circuit Court of Appeals is now considering that case, following the high court's decision in April that upheld the constitutionality of lethal injection in Kentucky.
Harbison asked in 2006 to expand the responsibilities of his federal public defenders to also represent him in state clemency proceedings if he lost his court challenges.
Justice Department lawyers have argued against Harbison's request. "There is no constitutional right either to clemency itself or to counsel to pursue it," Justice Department lawyers said in the filing.
Related listings
-
Court will hear appeal by Tenn. death row inmate
Lawyer Blogs 06/23/2008The Supreme Court is stepping into the case of a convicted murderer who claims authorities concealed evidence that might have spared him a death sentence.The justices have twice before reinstated the death sentence for Gary Bradford Cone, who was con...
-
SF court protects privacy of work communications
Lawyer Blogs 06/20/2008A federal appeals court has made it more difficult for employers to legally snoop on their workers' e-mails and text messages sent on company accounts.Under a Wednesday ruling by the 9th U.S. Circuit Court of Appeals, employers that contract an outsi...
-
Court sides with employee in benefits case
Lawyer Blogs 06/19/2008[##_1L|1235780052.jpg|width="131" height="91" alt=""|_##]The Supreme Court said Thursday that courts should consider an insurance company's potential conflict of interest when reviewing the denial of an employee's health or disability benefits claim....
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.