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•  Ethics - Legal News
Conn. high court hears death penalty appeal

•  Ethics     updated  2011/04/28 04:04


A lawyer told the state Supreme Court yesterday that his client’s death penalty case was the weakest one ever to go before the high court, alleging that the jury was biased and that key evidence was improperly withheld from the trial.

Justices heard the appeal of former Torrington resident Eduardo Santiago, 31, who prosecutors say agreed in 2000 to kill a West Hartford man in exchange for a pink-striped snowmobile with a broken clutch. He was sentenced to death by lethal injection in 2005 after a jury convicted him, despite no clear evidence that he was the one who pulled the rifle trigger.

Two other men are serving life prison sentences for the killing of Joseph Niwinski, 45, who was shot in the head while sleeping in his home.

Santiago’s lawyer, Assistant Public Defender Mark Rademacher, told the Supreme Court that there was no way a reasonable jury could have condemned Santiago. The defense presented 25 mitigating factors, including Santiago’s troubled childhood, for jurors to consider against the death penalty, while the state based its argument for execution on one aggravating factor, that Niwinski was killed in a murder-for-hire plot.


Mich. Supreme Court to hear septic case from Thumb

•  Ethics     updated  2011/03/23 09:37


The Michigan Supreme Court says it will decide if judges can order a sewer system when septic tanks fail and spoil a lake.

The court says Thursday it will take an appeal in a case involving Worth Township along Lake Huron in Michigan's Thumb region. State regulators want the township to install a sewer system, but an appeals court said local government isn't responsible for the problems of private property owners.

Some septic systems are failing on a five-mile stretch between M-25 and Lake Huron in Sanilac County. Waste is being discharged into Lake Huron and its tributaries.

Worth Township says it can't build a sewer system without financial help from the state.


Fla. Ruling Big Tobacco Won Comes Back To Bite It

•  Ethics     updated  2011/02/20 09:14


A Florida Supreme Court ruling that threw out a $145 billion award against cigarette makers is biting Big Tobacco back, making it dramatically easier for thousands of smokers to sue and turning the state into the nation's hot spot for damage awards.

The 2006 ruling has helped generate more than $360 million in damage awards in only about two dozen cases. Thousands more cases are in the pipeline in Florida, which has far more smoking-related lawsuits pending than any other state.

Though the justices tossed the $145 billion class-action damage award, they allowed about 8,000 individual members of that class to pursue their own lawsuits. And in a critical decision, they allowed those plaintiffs to use the original jury's findings from the class-action case.

That means the plaintiffs don't have to prove that cigarette makers sold a defective and dangerous product, were negligent, hid the risks of smoking and that cigarettes cause illnesses such as lung cancer and heart disease. The plaintiffs must mainly show they were addicted to smoking and could not quit, and that their illness — or a smoker's death — was caused by cigarettes.

Jurors have sided with smokers or their families in about two-thirds of the 34 cases tried since February 2009, when the first Florida lawsuit following the rules set by the Supreme Court decision went before a jury. Awards have ranged from $2 million or less to $80 million, though tobacco companies are appealing them all.



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