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Legal news from Friday, July 8, 2005 |
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States brief ~ Nebraska high court rules state cannot regulate groundwater
Rachel Felton on July 8, 2005 5:01 PM ET

[JURIST] Leading Friday's states brief, the Nebraska Supreme Court upheld [decision text] a lower court decision today that found the state's Department of Natural Resources [official website] cannot regulate groundwater unless the legislature confers such authority. Judge John Wright, writing for the majority, stated "The department has no common-law duty to regulate the use of groundwater in order to protect" surface water appropriations. Nebraska law treats groundwater irrigators, which are controlled by area natural resources districts, and surface water irrigators, which are controlled by the state, differently. Spear T. Ranch was granted surface-water rights to Pumpkin Creek in 1954, and sued the state for failing to stop groundwater irrigators. AP has more.
In other state legal news ... - A Kentucky circuit judge [state court website] ruled Friday that the state's execution method of lethal injection does not violate the constitutional requirements against cruel and unusual punishment, but did rule that the drugs can not be injected directly into the carotid artery. Franklin Circuit Judge Roger Crittenden wrote, "The plaintiffs have not demonstrated by a preponderance of the evidence that Kentucky's method of execution by lethal injection deviates from contemporary norms and societal standards in capital punishment." Two condemned prisoners challenged the procedure alleging it violated their eighth amendment right to be free from cruel and unusual punishment. Kentucky's Herald-Leader has local coverage.
- Louisiana Governor Kathleen Blanco [official website] has signed into law a bill that sets forth specific penalties for looting during a declared state of emergency, and a bill that deals with price gouging when a tropical storm or hurricane is threatening the Gulf of Mexico. The first bill [PDF text] changes existing law by setting a mandatory minimum sentence of 3 years in prison and a $50,000 fine for looting during a declared state of emergency. The second bill [PDF text] expands the current prohibition on price gouging during a declared state of emergency to include the prohibition when a tropical storm or hurricane is threatening the Gulf of Mexico. Both bills are to become effective on August 15. Louisiana's Times-Picayune has local coverage.
- The Alabama Court of Criminal Appeals [official website] Friday upheld the death sentence of a convicted murder, even though the jury recommended life in prison without parole. In an unanimous decision, the appeals court upheld the trial judge's sentence and found it appropriate given the "especially heinous" crime. An attorney for the convicted murder said that Alabama is the only state in the nation that allows an elected judge to override the recommendation of the jury without clearly specified standards. In 2003, the appeals court upheld the capital-murder conviction, but sent the case back to the lower court for a new sentencing order explanation. AP has more.


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G8 leaders call for early agreement on UN anti-terror treaty
Kate Heneroty on July 8, 2005 4:37 PM ET

[JURIST] G8 leaders from Canada, France, Germany, Italy, Japan, the United Kingdom, the United States and Russia issued a final joint statement on counter-terrorism [text] Friday denouncing once again [Thursday G8 statement] Thursday's terror attacks in London, and calling on UN members to reach early agreement on a draft of the Comprehensive Convention on International Terrorism [proposed draft text, PDF]. The leaders also supported the adoption of the International Convention for the Suppression of Acts of Nuclear Terrorism [treaty text, PDF]. They acknowledged, however, that legal suppression of terror had its limits: "Our response must remain proportionate and respect our common democratic values. We must protect individuals while upholding human rights in accordance with international law."


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International brief ~ G8 leaders deplore Zimbabwe evictions, urge respect for rights, law
D. Wes Rist on July 8, 2005 1:45 PM ET

[JURIST] Leading Friday's international brief, G8 leaders ending their two-day summit in Scotland issued a final statement saying that they deplored "recent events" in Zimbabwe that have resulted in hundreds of thousands of individuals being left homeless [JURIST report] due to the destruction of their dwelling places, and urged Zimbabwean authorities to "end this campaign now, address immediately the situation they have created, and respect human rights and the rule of law" [G8 text]. The communique comes a day after the European Parliament [official website] adopted a resolution [official press release; text] condemning Zimbabwean president Robert Mugabe and calling on him to put an immediate stop to all demolitions under "Operation Restore Order". The EP resolution also called on all European Union [official website] governments to close loopholes in current sanctions against Mugabe, curtail any current economic activities with Zimbabwe, and to refrain from deporting any Zimbabwean asylum seekers until the situation stabilizes, and called for tha appointment of a special EU representative to conduct an investigation into Mugabe's actions. Recent reports from Zimbabwe have put the number of individuals affected by the evictions and demolitions at close to 1.5 million persons. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. The Sudan Tribune has more.
In other international legal news ... - Nine different international media advocacy groups, including the United Nations Educational, Scientific, and Cultural Organization (UNESCO) [official website], will meet with governmental and military officials as well as their national counterparts in Nepal from July 10 to July 16 to discuss the status of the rights of freedom of expression and an independent media in the country. Nepali journalists have been under incredibly tight restrictions [Kantipur Online report] since the assumption of power by the monarchy [JURIST report] on 1 February. Demonstrations and protests have also been severely curtailed, with entire areas of the capital city of Kathmandu banned as sites for rallies. A steady stream of journalists and rights advocates have been arrested and detained since the decrees were issued. The stated goal of the talks is to emphasize the importance of freedom of expression and media rights to governmental officials. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Kantipur Online has local coverage.
- As part of the January Peace Accords [JURIST report], former rebel leader John Garang [Wikipedia profile] returned to Khartoum, the capital city of Sudan [government website], on Friday for the first time in 21 years. Garang is set to be inaugurated as a vice-president on Saturday in the new transitional Sudanese government, which will be operating under the recently approved [JURIST report] transitional constitution. Garang, a leader in the former rebel group Sudan People's Liberation Army/Movement [party website], will be the highest ever ranking official in the Sudanese government that came from the southern province or claims to be Christian, instead of Muslim, and will be an equal member of the cabinet of curent Sudanese President President Omar Hassan al-Bashir [Wikipedia profile], who is to be inaugurated as Interime President. JURIST's Paper Chase has continuing coverage of Sudan. The Sudan Tribune has local coverage.


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Army Surgeon General reports no systemic medical abuse of detainees
David Shucosky on July 8, 2005 9:50 AM ET

[JURIST] Following up on previous Pentagon denials of abuse [JURIST report], US Army Surgeon General Lieutenant General Kevin C. Kiley, M.D. [official profile] Thursday presented a "comprehensive assessment" of actions and procedures by medical personnel at Guantanamo [JURIST news archive] and in Iraq and Afghanistan, telling reporters at a Pentagon news briefing [transcript]: ...the majority of medical personnel interviewed did not observe any abuse, and with few exceptions, those medical personnel who did observe suspected abuse reported it. The assessment team referred unreported, suspected cases of abuse to CID or to the chain of command. We found no evidence of systemic problems in detainee medical care. We also found that although initial policies for detainee medical support were inadequate, medical care received by detainees was good. Initial training was limited, and generation of detainee medical records was inconsistent. Pressed by reporters, Kiley nonetheless acknowledged thatThere were some cases where medical personnel were observed, in their care for detainees, that was not in concert [sic] with our standards for health care; specifically, the possibility of dropping a stretcher a little too roughly, or withholding pain medication until the very last second, as examples of the level of perceived abuse. On-the-spot corrections were made to those within the medical facilities and the chain of command.
Another DOD spokesperson opened the briefing by saying the military had "reinforced" and "revised" appropriate policies and procedures. AP has more.


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