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•  National News - Legal News


The U.S. Supreme Court granted a stay of execution for a Texas man 20 minutes before he was to receive a lethal injection Tuesday evening. The inmate has long maintained DNA testing would help prove he wasn’t responsible for the fatal stabbing of an 85-year-old woman during a home robbery decades ago.

The nation’s high court issued the indefinite stay shortly before inmate Ruben Gutierrez was to have been taken to the death chamber of a Huntsville prison.

Gutierrez was condemned for the 1998 killing of Escolastica Harrison at her home in Brownsville in Texas’ southern tip. Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of her mistrust of banks.

Gutierrez has sought DNA testing that he claims would help prove he had no role in her death. His attorneys have said there’s no physical or forensic evidence connecting him to the killing. Two others also were charged in the case.

The high court’s brief order, released about 5:40 p.m. CDT, said its stay of execution would remain in effect until the justices decide whether they should review his appeal request. If the court denies the request, the execution reprieve would automatically be lifted.

Gutierrez, who had been set to die after 6 p.m. CDT, was in a holding cell near the death chamber when prison warden Kelly Strong advised him of the court’s intervention.

“He was visibly emotional,” prison spokeswoman Amanda Hernandez said, adding he was not expecting the court stay. “We asked him if he wanted to make a statement but he needed a minute.”

“He turned around to the back of the cell, covered his mouth. He was tearing up, speechless. He was shocked.”

She said Gutierrez then prayed with a prison chaplain and added: “God is great!”

Gutierrez has had several previous execution dates in recent years that have been delayed, including over issues related to having a spiritual adviser in the death chamber. In June 2020, Gutierrez was about an hour away from execution when he got a stay from the Supreme Court.

In the most recent appeal, Gutierrez’s attorneys had asked the Supreme Court to intervene, arguing Texas has denied his right under state law to post-conviction DNA testing that would show he would not have been eligible for the death penalty.



The Supreme Court on Thursday stripped the Securities and Exchange Commission of a major tool in fighting securities fraud in a decision that also could have far-reaching effects on other regulatory agencies.

The justices ruled in a 6-3 vote that people accused of fraud by the SEC, which regulates securities markets, have the right to a jury trial in federal court. The in-house proceedings the SEC has used in some civil fraud complaints, including against Houston hedge fund manager George Jarkesy, violate the Constitution, the court said.

“A defendant facing a fraud suit has the right to be tried by a jury of his peers before a neutral adjudicator,” Chief Justice John Roberts wrote for the court’s conservative majority.

Justice Sonia Sotomayor, who read from her dissent in the courtroom, said that “litigants who seek to dismantle the administrative state” would rejoice in the decision.

Federal agencies that oversee safety in mines and other workplaces are among many that can only impose civil penalties in in-house, administrative proceedings, Sotomayor wrote, joined by Justices Ketanji Brown Jackson and Elena Kagan.

“For those and countless other agencies, all the majority can say is tough luck; get a new statute from Congress,” she wrote.

The case is among several this term in which conservative and business interests are urging the nine-member court to constrict federal regulators. The court’s six conservatives already have done so, including in a decision last year that sharply limited environmental regulators’ ability to police water pollution in wetlands.

Still awaiting decision are cases calling on the court to overturn the 40-year-old ruling colloquially known as Chevron, which has made it easier to sustain regulation of the environment, public, health, worker safety and consumer protection. Some of the same parties that supported Jarkesy at the Supreme Court are calling for Chevron to be overturned.

The SEC was awarded more than $5 billion in civil penalties in the 2023 government spending year that ended Sept. 30, the agency said in a news release. It was unclear how much of that money came through in-house proceedings or lawsuits in federal court.

The agency had already reduced the number of cases it brings in administrative proceedings pending the Supreme Court’s resolution of the case.

The high court rejected arguments advanced by President Joe Biden’s Democratic administration that relied on a 50-year-old decision in which the court ruled that in-house proceedings did not violate the Constitution’s right to a jury trial in civil lawsuits.

The justices ruled in favor of Jarkesy after the SEC appealed a decision in which the New Orleans-based 5th U.S. Circuit Court of Appeals threw out stiff financial penalties against Jarkesy and his Patriot28 investment adviser.

The appeals court found that the SEC’s case against Jarkesy, resulting in a $300,000 civil fine and the repayment of $680,000 in allegedly ill-gotten gains, should have been heard in a federal court instead of before one of the SEC’s administrative law judges.



A media organization is due in court Monday after publishing details from leaked documents about the shooter who killed six people at a Nashville elementary school in March 2023, while the outlet sues for those records and others to be released to the public.

The hearing, ordered by Nashville Chancellor I’Ashea Myles, has led to outcry not only from Star News Digital Media and Editor-in-Chief Michael Leahy, but also from open government advocates and Tennessee lawmakers.

Leahy’s attorney argued the court proceeding would violate his due process rights and infringe on First Amendment protections after his outlet, The Tennessee Star, reported on records leaked to them about the shooter at The Covenant School.

Initially, the judge ordered Leahy and attorneys to explain in court why the recent work involving leaked documents has not violated court protection of records that could subject them to contempt proceedings and sanctions. The judge later denied a request by Leahy to cancel the hearing but said no witnesses would testify.

The public records lawsuit by the conservative Star News and other plaintiffs remains tied up in court after more than a year. A group of Covenant School parents have joined the lawsuit, arguing none of the documents should ever be released because they could inspire copycats and retraumatize their children.

Though the investigative file remains officially closed to the public’s view, two prominent rounds of evidence about the shooter’s writings have leaked to media outlets.

Police have said they could not determine who was responsible for the first leak. While they look into the second, a lieutenant has drawn a connection to a former colleague without directly accusing him of the leak.

In a court declaration Friday, Nashville Police Lt. Alfredo Arevalo said his office led an investigation of the first leak. A former lieutenant, Garet Davidson, was given a copy of the criminal investigative file that was stored in a safe in his office and only Davidson had the key and safe combination, Arevalo said.

Davidson has left the force. Separately, he filed a well-publicized complaint alleging the police department actively lobbied to gut the city’s community oversight board, as well as a number of other misconduct claims.

In his declaration, Arevalo noted Davidson has spoken about details from the Covenant investigative file on Leahy’s radio show and another program.

Arevalo wrote that he is “appalled” by the leak and “saddened by the impact that this leak must have on the victims and families of the Covenant school shooting.”

The shooter who killed three 9-year-old children and three adults at Covenant, a private Christian school, left behind at least 20 journals, a suicide note and an unpublished memoir, according to court filings.

The city of Nashville has argued it doesn’t have to release the documents during an active police investigation. The plaintiffs have countered there is no meaningful criminal investigation underway since the shooter, Audrey Hale, was killed by police.



Donald Trump’s lawyers are asking a New York judge to lift the gag order that barred the former president from commenting about witnesses, jurors and others tied to the criminal case that led to his conviction for falsifying records to cover up a potential sex scandal.

In a letter Tuesday, Trump lawyers Todd Blanche and Emil Bove asked Judge Juan M. Merchan to end the gag order, arguing there is nothing to justify “continued restrictions on the First Amendment rights of President Trump” now that the trial is over.

Among other reasons, the lawyers said Trump is entitled to “unrestrained campaign advocacy” in light of President Joe Biden’s public comments about the verdict last Friday, and continued public criticism of him by his ex-lawyer Michael Cohen and porn actor Stormy Daniels, both key prosecution witnesses.

Trump’s lawyers also contend the gag order must go away so he’s free to fully address the case and his conviction with the first presidential debate scheduled for June 27.

The Manhattan district attorney’s office declined to comment.

Merchan issued Trump’s gag order on March 26, a few weeks before the start of the trial, after prosecutors raised concerns about the presumptive Republican presidential nominee’s propensity to attack people involved in his cases.

Merchan later expanded it to prohibit comments about his own family after Trump made social media posts attacking the judge’s daughter, a Democratic political consultant. Comments about Merchan and District Attorney Alvin Bragg are allowed, but the gag order bars statements about court staff and members of Bragg’s prosecution team.

Trump was convicted Thursday of 34 counts of falsifying business records arising from what prosecutors said was an attempt to cover up a hush money payment to Daniels just before the 2016 election. She claims she had a sexual encounter with Trump a decade earlier, which he denies. He is scheduled to be sentenced July 11.

Prosecutors had said they wanted the gag order to “protect the integrity of this criminal proceeding and avoid prejudice to the jury.” In the order, Merchan noted prosecutors had sought the restrictions “for the duration of the trial.” He did not specify when they would be lifted.

Blanche told the Associated Press last Friday that it was his understanding the gag order would expire when the trial ended and that he would seek clarity from Merchan, which he did on Tuesday.



Voters in Chad headed to the polls on Monday to cast their ballot in a long delayed presidential election that is set to end three years of military rule under interim president, Mahamat Deby Itno.

Deby Itno seized power after his father who ran the country for more than three decades was killed fighting rebels in 2021. Last year, the government announced it was extending the 18-month transition for two more years, which provoked protests across the country.

There are 10 candidates on the ballot, including a woman. Some 8 million people are registered to vote, in a country of more than 17 million people, one of the poorest in the world. Analysts say Deby Itno is expected to win the vote. A leading opposition figure Yaya Dillo, the current president’s cousin, was killed in February in circumstances that remain unclear.

The oil-exporting country of nearly 18 million people has not had a free-and-fair transfer of power since it became independent in 1960 after decades of French colonial rule.

Chad is seen by the U.S. and France as one of the last remaining stable allies in the vast Sahel region following military coups in Burkina Faso, Mali and Niger in recent years. The ruling juntas in all three nations have expelled French forces and turned to Russia’s mercenary units for security assistance instead.

Earlier this year, Niger’s junta ordered all U.S. troops out, meaning Washington will lose access to its key base in Agadez, the center of its counter-terrorism operations in the region. The U.S. and France still have a military presence in Chad, who consider it an especially critical partner.

The West also fears that any instability in Chad, which has absorbed over half a million refugees from Sudan, could increase the flow of illegal migrants north towards Europe.

“These are all the reasons the West is staying relatively quiet about the democratic transition in Chad,” said Ulf Laessing, head of the Sahel program at the Konrad Adenauer Foundation. “Everybody just wants this vote to pass so Deby Itno gets elected so they continue to work with him and preserve the stability of the region,” he added.

Along with the arrival of refugees from Sudan, Chad is also dealing with high food prices partly caused by the war in Ukraine and a renewed threat from the Boko Haram insurgency spilling over from its southwestern border with Nigeria.

In March, an attack the government blamed on Boko Haram killed 7 soldiers, reviving fears of violence in the Lake Chad area after a period of peace following a successful operation launched in 2020 by the Chadian army to destroy the extremist group’s bases there. Schools, mosques and churches reopened and humanitarian organizations returned.



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