NY Times - Final Word on U.S. Law Isn’t: Supreme Court Keeps Editing
Tuesday, May 27, 2014
Final Word on U.S. Law Isn’t: Supreme Court Keeps Editing http://t.co/E3zknyeJkc
— Geoffrey D. Mueller (@GDM_Law) May 27, 2014U.S. Supreme Court Invalidates Florida IQ Cutoff for Capital Punishment - Hall v. Florida
Tuesday, May 27, 2014
Per WSJ:
"The Supreme Court on Tuesday gave intellectually disabled defendants greater protection from the death penalty, ruling in a case from Florida that states may not use a rigid IQ score of 70 as the cutoff for execution.
"Writing for a 5-4 court, Justice Anthony Kennedy said Florida’s practice disregarded modern medical standards, which consider an IQ score an imprecise measurement that shouldn’t be viewed in isolation when determining intellectual ability.
"Justice Kennedy said that when an IQ score falls within the “standard error of measurement,” the defendant should be entitled to present additional evidence at sentencing regarding his intellectual deficits.
"The defendant, Freddie Lee Hall, and an accomplice were convicted of kidnapping, beating, raping and murdering Karol Hurst, a pregnant, 21-year-old newlywed, and then killing a sheriff’s deputy, Lonnie Coburn, in 1978.
"The Florida Supreme Court upheld Mr. Hall’s death sentence because his IQ tested above 70."
Full story and link to decision below...
"The Supreme Court on Tuesday gave intellectually disabled defendants greater protection from the death penalty, ruling in a case from Florida that states may not use a rigid IQ score of 70 as the cutoff for execution.
"Writing for a 5-4 court, Justice Anthony Kennedy said Florida’s practice disregarded modern medical standards, which consider an IQ score an imprecise measurement that shouldn’t be viewed in isolation when determining intellectual ability.
"Justice Kennedy said that when an IQ score falls within the “standard error of measurement,” the defendant should be entitled to present additional evidence at sentencing regarding his intellectual deficits.
"The defendant, Freddie Lee Hall, and an accomplice were convicted of kidnapping, beating, raping and murdering Karol Hurst, a pregnant, 21-year-old newlywed, and then killing a sheriff’s deputy, Lonnie Coburn, in 1978.
"The Florida Supreme Court upheld Mr. Hall’s death sentence because his IQ tested above 70."
Full story and link to decision below...
No Redaction of OPRA Documents for Irrelevance - ACLU v. NJ Division of Criminal Justice (A-3381-12T1)
Thursday, May 15, 2014
In a precedential reversal, New Jersey's Appellate Division holds that "Absent a legally recognized exception to disclosure, a citizen's right of access to public information is unfettered." Continuing, the Court wrote "The redaction policy adopted by DCJ is based entirely on the unilateral determination by the custodian of records of what, in his or her opinion, is relevant to the ACLU's request.
"This approach confers upon the custodian of government records quasi-judicial powers to determine what information contained within a 'government record,'...is relevant to a request and therefore subject to disclosure and, conversely, what information contained in this same document will be withheld from the public, based only on the custodian's notion of relevancy. We discern no legal support for such a policy in OPRA." (Emphasis added.)
Full text of decision (approved for publication) below...
"This approach confers upon the custodian of government records quasi-judicial powers to determine what information contained within a 'government record,'...is relevant to a request and therefore subject to disclosure and, conversely, what information contained in this same document will be withheld from the public, based only on the custodian's notion of relevancy. We discern no legal support for such a policy in OPRA." (Emphasis added.)
Full text of decision (approved for publication) below...
Hoboken Climb Out Of The Darkness - June 28, 2014
Friday, May 2, 2014
Please support Lesley Neadel on June 28, 2014 as part of Climb Out of the Darkness to benefit Postpartum Progress. Lesley, her husband Evan, and their daughter Rebecca are great friends and would very much appreciate your support for the cause.
From Lesley's CrowdRise page:
"Climb Out of the Darkness is the annual awareness raising and fundraising event for Postpartum Progress, a nonprofit focused on supporting pregnant and new moms with perinatal mood and anxiety disorders like postpartum depression, postpartum anxiety, postpartum OCD, postpartum psychosis and pregnancy depression.
"In Hoboken on Saturday, June 28th, at 11AM, we will be gathering at Maxwell Place Park, and taking a brisk walk (feel free to jog - the six-months-pregnant woman will be "briskly" walking) down to Pier A and back up, for a picnic lunch. Bring friends, family, kiddos, dogs - everyone is welcome! There is a playground where we will be starting / ending, and a dog run, and a kickass view of NYC.
"Whether you can join us or not, please do help us raise money so that Postpartum Progress can continue to raise awareness of how women are devastated by perinatal mood and anxiety disorders, make sure women know what they need to know about PPD, eliminate stigma and support the mamas who need it."
More information on Lesley's story and the event below.
From Lesley's CrowdRise page:
"Climb Out of the Darkness is the annual awareness raising and fundraising event for Postpartum Progress, a nonprofit focused on supporting pregnant and new moms with perinatal mood and anxiety disorders like postpartum depression, postpartum anxiety, postpartum OCD, postpartum psychosis and pregnancy depression.
"In Hoboken on Saturday, June 28th, at 11AM, we will be gathering at Maxwell Place Park, and taking a brisk walk (feel free to jog - the six-months-pregnant woman will be "briskly" walking) down to Pier A and back up, for a picnic lunch. Bring friends, family, kiddos, dogs - everyone is welcome! There is a playground where we will be starting / ending, and a dog run, and a kickass view of NYC.
"Whether you can join us or not, please do help us raise money so that Postpartum Progress can continue to raise awareness of how women are devastated by perinatal mood and anxiety disorders, make sure women know what they need to know about PPD, eliminate stigma and support the mamas who need it."
More information on Lesley's story and the event below.