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•  Ethics - Legal News
Court Upholds Ala. Man's Death Penalty

•  Ethics     updated  2010/01/21 18:17


The U.S. Supreme Court upheld the death sentence of an Alabama man who claimed his attorneys failed to present key evidence of his borderline mental retardation. The justices said the defense made a strategic decision, not a negligent omission.

Holly Wood shot and killed his ex-girlfriend as she slept in her Troy, Ala., home in 1993. Wood lost his appeal in state court, but won habeas relief in federal court. The district court criticized the defense for putting an inexperienced attorney in charge of the penalty phase. According to the federal judge, the state court's holdings constituted "an unreasonable application of federal law."

It ordered the state to either resentence Wood to life without parole or conduct a new sentencing hearing.The Supreme Court upheld the 11th Circuit's reversal, saying it wasn't "unreasonable" to conclude that Wood's attorneys had made a strategic decision not to introduce evidence of Wood's mental deficiencies.
   
"Most of the evidence Wood highlights ... speaks not to whether counsel made a strategic decision, but rather to whether counsel's judgment was reasonable - a question we do not reach," Justice Sonia Sotomayor wrote for the 7-2 majority.


Jailing of judge provokes debate in Venezuela

•  Ethics     updated  2009/12/27 10:20


A Venezuelan judge is in jail on charges of corruption and abuse of power for freeing a high-profile banker, and an angry President Hugo Chavez has demanded she be kept in a cell for the maximum sentence — 30 years.

The president's condemnation of the judge as a "criminal" has drawn rebukes from his political opponents and also from some legal experts, who say the case is one more indication of the influence Chavez now wields over the judiciary.

The former army paratroop commander has gradually expanded his power during the past decade, gaining dominant control of congress and other institutions, and winning a vote ending term limits. Chavez denies trying to control the courts and says the legal system remains autonomous.

But the swift arrest of Judge Maria Afiuni last week over her ruling, combined with charges that appeared to come in lockstep with Chavez's angry reaction, have led some to call the case a prime example of the judiciary's lack of independence in Venezuela.


Knight lawsuit against Indiana settled

•  Ethics     updated  2009/10/26 09:38


BLOOMINGTON, Ind. -- Private donors are giving $75,000 to Bob Knightto settle a lawsuit he filed against Indiana University claiming itdidn't properly defend him when he was sued by a former assistant coach.

Aletter signed by lawyers for the university and Knight says the paymentoffer from anonymous donors would reimburse the former coach forexpenses from the lawsuit by former Knight assistant Ron Felling.

Knightsettled with Felling in 2002 by paying him $25,000 and admitting thatin 1999 he shoved Felling in anger after overhearing him criticizeKnight's coaching and behavior.

Indiana fired Knight in 2000.


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