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The Supreme Court on Wednesday granted Oklahoma’s request to retain custody of a man who has been on death row for killing three Native Americans, a sign the court may be willing to limit the fallout from last year’s ruling that much of eastern Oklahoma remains a tribal reservation.

The action came in the case of Shaun Bosse, whose conviction and death sentence for the murders of Katrina Griffin and her two young children were overturned by a state appeals court.

The order makes it likely that the high court will weigh in soon on the extent of its 5-4 ruling last year in McGirt v. Oklahoma.

The state court had held that state prosecutors had no authority to try Bosse for the killings, which took place on the Chicksaw Nation’s reservation, based on the McGirt decision.

Hundreds of criminal convictions, including several death sentences for first-degree murder, have been set aside, and tribal and federal officials have been scrambling to refile those cases in tribal or U.S. district court.

Oklahoma argued to the Supreme Court that it can prosecute crimes committed by non-Native Americans like Bosse, even if the scene of the crime is on tribal land. The state also said there might be technical legal reasons for rejecting Bosse’s claims.

The three liberal justices dissented from the order but did not explain their disagreement. They were in last year’s majority, along with Justice Neil Gorsuch, the author of the opinion. Gorsuch did not publicly dissent from Wednesday’s order.

The fifth member of the McGirt majority was Justice Ruth Bader Ginsburg, who died in September. She has been replaced by Justice Amy Coney Barrett.

Bosse already has been charged with the killings in federal court, and he had been scheduled to be transferred to federal custody. But he could not be sentenced to death under the federal charges.



The Supreme Court says the U.S. territory of Guam can pursue a $160 million lawsuit against the federal government over the cost of cleaning up a landfill on the island.

The justices on Monday unanimously overturned a lower court decision that had said Guam had waited too long to pursue the claim.

The case before the justices involves a long-running dispute over the Ordot Dump on Guam. The lawsuit says the Navy built the dump during the 1940s and then deposited toxic military waste there before turning over control to Guam in 1950.

Guam operated the dump for decades. The U.S. has said Guam “vastly expanded” it and “failed to provide even rudimentary environmental safeguards.” In 2002, the government sued Guam over pollution from the dump. Guam ultimately agreed in 2004 to close the dump and take steps to stop pollution from the dump, among other things.

In 2017, Guam sued the United States, arguing that it’s responsible for some of the costs of the cleanup, which Guam estimates to be more than $160 million. A trial court had allowed the lawsuit to go forward, but an appeals court had dismissed it.

In an email, Guam’s attorney Gregory Garre said: “We are thrilled with the Court’s decision in favor of Guam today, which paves the way for the United States to pay its fair share for the cleanup of the Ordot Dump.” The case is Territory of Guam v. United States, 20-382



The Nebraska Supreme Court on Friday rejected the postconviction appeal of a man serving life in prison for the brutal stabbing death of his girlfriend in 2017.

Lucio Munoz, 69, had argued in his postconviction motion that his trial and direct appeal attorneys were so ineffective that it violated his right to fair trial. When a lower court rejected his motion without an evidentiary hearing, Munoz appealed.

On Friday, the state’s high court ruled that the lower court was right to dismiss the appeal without a hearing, saying Munoz failed to show he had any new evidence or information that would have changed the outcome of his conviction.

Munoz was found guilty of killing 48-year-old Melissa May, whose body was found in her Scottsbluff apartment Jan. 3, 2017, after officers went to check on her. Authorities said she had been stabbed 37 times, most likely on Dec. 31, 2016.

By the time May’s body was found, Munoz had already left town. He was arrested several days later in Bradley, Illinois.

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