Wednesday, August 24, 2022

Oklahoma governor rejects clemency for death row inmate

OKLAHOMA CITY (AP) — Oklahoma Gov. Kevin Stitt on Wednesday rejected clemency for a man facing execution this week for the 1997 hammer killing of a Choctaw man, despite a recommendation from the state’s Pardon and Parole Board that his life be spared.

James Coddington was convicted and sentenced to die for the beating death of friend and coworker 73-year-old Albert Hale inside Hale’s Choctaw home. Prosecutors say Coddington, who was 24 at the time, became enraged when Hale refused to give him money to buy cocaine.

His execution is scheduled for Thursday morning.

“After thoroughly reviewing arguments and evidence presented by all sides of the case, Governor Kevin Stitt has denied the Pardon and Parole Board’s clemency recommendation for James Allen Coddington,” Stitt’s office said in a statement.

During a clemency hearing this month before the state’s five-member Pardon and Parole Board, an emotional Coddington, now 50, apologized to Hale’s family and said he is a different man today.

“I’m clean, I know God, I’m not … I’m not a vicious murderer,” Coddington told the board. “If this ends today with my death sentence, OK.”

Coddington’s attorney, Emma Rolls, told the panel that Coddington was impaired by years of alcohol and drug abuse that began when he was an infant and his father put beer and whiskey into his baby bottles.

Rolls said Coddington doesn’t have any pending appeals that would delay or stop his execution on Thursday.

The panel voted 3-2 to recommend Coddington for clemency, although Hale’s family had urged against it.

Stitt, a Republican, had said he planned to meet with Hale’s family, prosecutors and Coddington’s attorneys before making his decision.

Coddington was twice sentenced to death for Hale’s killing, the second time in 2008 after his initial sentence was overturned on appeal.

Stitt has granted clemency only one time, in November, to death row inmate Julius Jones just hours before Jones was scheduled to receive a lethal injection. The first-term governor commuted Jones’ sentence to life in prison without parole.

Jones’ case had drawn national attention after it was featured in “The Last Defense,” a three-episode documentary that cast doubt on Jones’ conviction, and there were numerous protests in Oklahoma City in the days leading up to Jones’ scheduled execution date.

Stitt said in an interview with The Associated Press earlier this month that had he allowed Jones’ execution to go forward “that would have definitely torn our state apart.”

By SEAN MURPHY Associated Press



from Courthouse News

New federal regulations of ghost guns take effect after judge refuses to block them

GALVESTON, Texas (CN) — A bid by a Texas firearm parts dealer to block the Biden administration’s new regulations cracking down on ghost guns was rejected late Tuesday by a federal judge.

Starting Wednesday, companies that sell firearm frames, known in the industry as “receiver blanks” and “lower receivers,” that can be readily converted to shoot bullets must comply with a new rule put in place by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The rule requires such companies to obtain a federal firearm license, to put serial numbers on their partially complete gun frames and to run background checks on their clients.

It is aimed at so-called ghost guns, untraceable weapons that lack serial numbers and can be made at home with parts kits or 3D printers and sold without background checks, so they can fall into the hands of convicted felons who are barred from owning firearms.

Online sales of gun parts kits have proliferated in recent years, with technology advances making it very easy for regulation-averse hobbyists to assemble their own weapons.

Police are recovering these weapons more and more as gun violence and homicides have spiked in cities across the country since 2020.

U.S. law enforcement officers recovered 1,600 self-made guns in 2016 and more than 19,000 in 2021, according to the ATF. And of the 45,240 ghost guns police recovered during this five-year period, including 692 used in homicides or attempted homicides, only 445, less than 1%, could be traced to a buyer.

With President Joe Biden unable to convince Congress to pass regulations on ghost guns, he announced in April 2021 he had instructed the Justice Department to identify “immediate, concrete actions” he could take through rulemaking.

A month later, ATF, part of the Justice Department, published the proposed rule to expand the definition of firearm under the Gun Control Act of 1968 to encompass receivers or frames that come with tools and instructions to quickly convert them into working firearms.

Despite the cloud the proposed rule had cast on the industry, Brendon Padilla opened his gun kit company Division 80 LLC in November 2021 in Galveston County, Texas.

The company, which has sold more than $220,000 in firearm parts by mail, sued the Justice Department, Attorney General Merrick Garland and the ATF’s then-acting director in May 2021 after the period in which the public could comment on the proposed rule had passed.

Division 80 claimed its business would be wiped out if the rule went into effect because its products are geared toward consumers who do not want to submit to background checks.

“There’s a thriving market of people who want to make their own guns and don’t want to go through licensed dealers,” the company’s attorney, Cory Liu of the Ashcroft Law Firm in Austin, said during an Aug. 9 hearing. “Padilla’s entire product line would be wiped out; consumer demand wouldn’t be there.”

“It’s not just about a license,” the attorney added. “It’s about the ability to build a firearm, a right that’s existed since the nation’s founding.”

But U.S. District Judge Jeffrey Brown ruled Tuesday that Division 80’s predictions of its demise were mere speculation, not enough for him to grant the company’s request to block the rule with a nationwide injunction.

“Division 80 merely speculates that its business would be forced to close unless the court grants immediate relief. It likewise offers no evidence that its suppliers ‘will cease operations.’ These predictions are just Padilla’s conjecture; the court has heard from not even one of Division 80’s customers or suppliers,” Brown wrote in an 18-page order.

The Donald Trump appointee also noted Division 80 can stay open by obtaining a federal firearm license, which would only cost it $408 initially and then $194 every three years.

“Padilla suggests that even if Division 80 were to get licensed, ‘the regulatory costs, bureaucratic red tape, and extensive recordkeeping requirements’ would destroy consumer demand for its products. …  But Division 80 neither presents Padilla as an expert in the market dynamics of gun-component sales nor offers any other evidence to support such a conclusion,” Brown added.

On the other hand, Brown found, the government had presented strong arguments that the new rule will help law enforcement by decreasing the number of untraceable weapons in circulation, keeping them out of the hands of criminals.

Proponents and detractors of the rule fall along familiar party lines. Nineteen Democratic-led states and the District of Columbia filed an amicus brief in Division 80’s case in support of the government’s rule.

Meanwhile, the Republican attorneys general of 17 states – Alaska, Arizona, Arkansas, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah, West Virginia and Wyoming – joined a lawsuit challenging the rule filed in early June by Gun Owners of America Inc. and Bridge City Ordnance, owner of a gun shop in Barnes County, North Dakota, in North Dakota federal court.

Like Brown in Division 80’s case, U.S. District Judge Pete Welte, another Trump appointee, issued an order Tuesday denying the challengers a preliminary injunction against the ATF’s new rule.

Neither the Justice Department nor Liu responded Wednesday to a requests for comment on Brown’s order.

Besides the new federal rule, eight states and territories currently restrict ghost guns, including California, Connecticut, Hawaii, New Jersey, New York, Rhode Island, Washington, and the District of Columbia.  



from Courthouse News

Monday, August 22, 2022

Dallas hit by flash floods as storm moves east

AUSTIN, Texas (CN) — Floodwaters overwhelmed roadways in Dallas on Monday after a storm dumped an estimated 8 inches of rain overnight, spurring flood warnings for large parts of Texas and Louisiana as the storm is forecast to deliver heavy rain across the southern U.S. this week.

The storm left major Dallas roadways impassible and forced emergency responders to conduct high-water rescues of trapped motorists. The National Weather Service has issued a flash flood warning for much of the region as heavy rain is expected for the rest of the day. 

In the Lone Star State, counties stretching from the Hill Country region in central and south Texas up to the Oklahoma border have been under a flood watch. 

Texas Governor Greg Abbott issued a statement Monday calling on Texans to stay up to date with current weather conditions.

 “The State of Texas is using all means necessary to support local community efforts to protect life and property, and it’s essential that communities across the state take proactive measures to keep all Texans safe,” said Abbott.

In the Austin area, rainfall has been sparse but excessive heat has been abundant over the summer, so many central Texans are welcoming the change in weather. According to the National Integrated Drought Information System, 2022 is the driest year for the Texas Hill Country in 128 years. Eighty-six percent of Travis County, home to Austin, is under what is considered an exceptional drought, which carries extreme fire risk. 

The region is expected to get 1 to 3 inches of rainfall and will be under a flood watch from 1 p.m. Monday to 7 a.m. Tuesday. 

In addition to Texas, northern Louisiana, southern Arkansas and central Mississippi are set to be on flood watch as the storm system trudges eastward. Over the next 36 to 48 hours, the entire state of Louisiana is expected to see rain and thunderstorms.

Later on in the week, the rest of the South is preparing to receive its share of rain. The National Weather Service has forecast rain and thunderstorms for Alabama, Georgia, Florida and South Carolina. 

In urban areas, the worst threat of flooding comes from areas with poor drainage or that are low-lying, where water might collect easier. Officials advise all who are under flood watch to never attempt to drive through flood waters. Additionally, anyone living in flood-prone areas should plan accordingly and be prepared to leave if water begins to rise.



from Courthouse News

Friday, August 19, 2022

Federal judge permanently blocks Biden pause on oil and gas leases

LAKE CHARLES, La. (CN) — One day after the Biden administration prevailed in a Fifth Circuit order upholding its suspension of new oil and gas leases on public land, a federal judge whose preliminary injunction was vacated by the appeals court issued a permanent block on the pause.

U.S. District Judge Terry Doughty in the Western District of Louisiana handed down a permanent injunction late Thursday blocking Biden’s January 2021 executive order in 13 states that sued last March: Alabama, Alaska, Arkansas, Georgia, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia. Doughty’s previous nationwide injunction no longer applies.

As part of a larger order addressing climate change, Biden blocked new oil and gas leasing on federal lands but allowed leases on private lands in addition to a continuation of existing leases.  

Doughty, an appointee of Donald Trump, said in the ruling Thursday the government’s postponement of leases violates the Outer Continental Shelf Lands Act and the Mineral Leasing Act.

“Both statutes require Government Defendants’ agencies to sell oil and gas leases. The OCSLA has a Five-Year Plan in effect that requires eligible leases to be sold. Government Defendants’ agencies have no authority to make significant revisions in the OCSLA Five-Year Plan without going through the procedure mandated by Congress,” Doughty wrote.

He added, “The MLA required the DOI [Department of Interior] to hold lease sales, where eligible lands are available at lease quarterly. By stopping the process, the agencies are in effect amending two Congressional statutes. Neither the OSCLA nor the MLA gives the Government Defendants’ agencies the authority to implement a Stop of lease sales.”

The judge said that because funds for coastal restoration in Louisiana come in part through mineral leases, millions if not billions of dollars are at stake with the government’s pause in oil and gas leasing.

“Plaintiff States’ claims are substantial. Millions and possibly billions of dollars are at stake. Local government funding, jobs for Plaintiff States’ workers, and funds for the restoration of Louisiana’s Coastline are at stake. Plaintiff States have a reliance interest in the proceeds derived from offshore and onshore oil and gas lease sales,” Doughty wrote.

The Department of the Interior did not immediately reply to an email request for comment. As of Friday afternoon, the government had not yet appealed Doughty’s permanent injunction.

On Wednesday, the Fifth Circuit threw out Doughty’s preliminary injunction from June and sent the case back to him for clarification on his order, while putting the leasing pause back in place.

“We cannot reach the merits of the Government’s challenge when we cannot ascertain from the record what conduct – an unwritten agency policy, a written policy outside the Executive Order, or the Executive Order itself – is enjoined,” U.S. Circuit Judge Patrick E. Higginbotham, an appointee of Gerald Ford, wrote for a three-judge panel.

Although the Biden administration continues to defend its suspension of new leasing, the Inflation Reduction Act, which the president signed earlier this week, includes an expansion of lease sales off the coast of Alaska and in the Gulf of Mexico.



from Courthouse News

Tuesday, August 9, 2022

First go at ranked-choice voting adds drama to Alaska primary

ANCHORAGE, Alaska (CN) — In one week, Alaska voters will head to the polls for midterm primaries. But on the flip side of the regular ballot they will find a special election to decide which of three candidates to send to Capitol Hill to finish out the late Republican Don Young’s seat in the House of Representatives.

Whoever voters choose Aug. 16 may not be in Congress long: The term for Young’s seat ends in January. Voters will decide in November who will serve after that.

The primary election will also mark Alaska’s first use of ranked-choice voting.

Young, known as “Dean of the House,” was the longest-serving Republican in congressional history, having been the U.S. representative for Alaska’s at-large congressional district for 49 years, from 1973 until his unexpected death in March. A special open June primary whittled the 48 contenders vying for Young’s seat down to the top four vote-getters. However, only three candidates made it on ballot — Republicans Sarah Palin and Nick Begich III and Democrat Mary Peltola — after the third-place finisher, independent Al Gross, dropped out of the race. Voters will be asked to rank these candidates in order of preference.

Palin’s run for Congress is her first campaign for elected office since quitting as governor in 2009 and as vice presidential candidate on the failed 2008 Republican presidential ticket alongside then-Senator John McCain of Arizona. Palin has been mostly absent in the Last Frontier since standing on the podium next to Trump at a July 9 “Save America Rally” in Anchorage. She’s opted instead to attend national GOP fundraising events in the Lower 48 and declined invitations to several in-state candidate forums attended by her rivals.

“Sarah Palin is Alaska’s ambassador, and her ability to leverage existing relationships with influential leaders from all over the country is one of the main reasons she is ready to hit the ground running,” Palin’s campaign manager, Kris Perry, said in a written statement after Palin missed an Aug. 5 forum hosted by the Soldotna and Kenai Chambers of Commerce. The fishing, boating and tourism-based communities are about five hours south of Anchorage.

Palin also did not respond to an invitation by the Anchorage Daily News, the state’s largest newspaper, for candidates to present their priorities if elected and give their views on key issues ahead of the primary. The newspaper published the piece on Aug. 6.

Begich, 44, is founder of a reported million-dollar software development company and the grandson of Democrat Nick Begich Sr., who served as Alaska’s congressman until he disappeared in a plane crash in 1972. He is also the nephew of former U.S. Senator Mark Begich and current state Senator Tom Begich, both Democrats. The younger Begich has often said his biggest challenge in the campaign has been convincing voters that, unlike his grandfather and two uncles, he’s a Republican.

With that statement and by campaigning as a more conservative alternative to Don Young, long before the congressman’s untimely death, the Alaska Republican Party has endorsed Begich. Despite stating he will vote red for first and second rankings on the ballot he has knocked Palin for her repeated no-shows to forums.

Peltola, 48, served in the Alaska Legislature for a decade, representing the Bethel area, a predominantly Alaska Native region in the western part of the state. As a Yup’ik woman, a victory for her would mean the first Alaska Native to Congress. Peltola has a long history of making fellow politicians her friends rather than enemies and declined on several occasions to comment negatively about Palin’s absences.

“I have a proven track record of working in a nonpartisan way with all of my former colleagues in the Legislature. I also have a proven track record of creating bipartisan coalitions to address real Alaskan challenges,” she stated to the daily news Q&A.

An online poll conducted the first week of July by Alaska Survey Research has Begich and Palin running neck and neck, predicting that Begich will ultimately take the win due to the ranked-choice system and in a state that, while it has been shading purple still leans red. Peltola is expected to get the largest share of first-place votes since she is the sole Democratic party candidate, while Begich and Palin split the conservative vote.

On Monday, Glenn Daniel Wright, an associate professor of political science at University of Alaska, Southeast, concurred that the new voting system will benefit Begich, and in fact already has.

“In the House race, the new system has already benefitted Begich (who would have been eliminated in a traditional party primary in favor of Palin),” Wright said in an email. “Under the old system, with a Palin primary victory, it’s very likely that we would be looking at a Palin victory in the general against Peltola (or, alternately, Al Gross) and if history is any guide we could expect Palin to represent the state in the U.S. House for many years.”

Dr. Amy Lauren Lovecraft, professor of political science at University of Alaska at Fairbanks, said this election is more difficult to analyze because there are more variables than usual, to include rank choice, a special election, followed by the general. “But, this is positive in terms of helping to break up the grip of the two party system in U.S. politics,” she said in an email. “Clearly citizens and voters are not only blue or red, straight Democrat or Republican — there exists nuance in the human mind.”

Voting tabulation for the special election is anticipated to last more than two weeks after the polls close. Final results are expected to be certified and a winner sworn into Congress in early September.

The other hot primary ticket to watch next week will determine if Republican incumbent U.S. Senate Lisa Murkowski can hang on to the seat she has held since 2002 after a tumultuous term that saw her break from GOP colleagues more than once during crucial Senate votes.

The moderate Republican was censured by the Alaska Republican party in March 2021 for voting to convict Donald Trump at his impeachment trial. They also cited her for her opposition to placing limits on abortion, voting against the repeal of the Affordable Care Act, voicing opposition to the appointment of Brett Kavanaugh to the Supreme Court and demanding Trump’s resignation after the Jan. 6, 2021, Capitol riot.

Alaska GOP and Trump have come out to endorse Kelly Tshibaka. The 42-year-old Anchorage resident lists her occupation as wife and mother of five.

On the question “Why are you running for office?” Tschibaka answered, “Our resource industries and economy have been destroyed by Joe Biden and his radical cabinet members — nearly all of whom were confirmed by our 21-year Senate incumbent.”

On the question of challenges facing Alaska and what to do about them, Tschibaka responded, “Our state is under relentless assault from President Biden and the Washington, D.C. elite who are destroying our industries, killing our jobs, driving up inflation and gas prices, and crushing our families. I will work to protect our jobs, build affordable housing, cut federal spending and taxes, and block those trying to shut down our resource industries.”

In addition to the two expected front-runners Murkowski and Tschibaka, Alaskans can add two additional names to the November ballot in the first use of the top-four primary system. All candidates, regardless of party affiliation, run in a single primary election with the top four candidates to receive the most votes advancing to the general election where rank choice will decide that winner.

The race includes five other Republicans running, three Democrats, two independents, one Libertarian, two nonpartisan party and two undeclared. None have the name recognition or experience in public office as Murkowski, nor do they have Tshibaka’s significant endorsements.

Both Lovecraft and Wright, the political science professors, agree that Murkowski is likely to keep her seat.

“Senator Murkowski is likely to retain her seat given not only her current popularity as a moderate Republican in the state, but also consider that she won a write-in election based on her personality and ability to generate ‘purple politics,'” Lovecraft said, referring to the 2010 upset when Joe Miller won the Republican primary and Murkowski then defeated Miller in the general election as a write-in candidate.

“At this point, I think it’s fair to say that Lisa Murkowski would have a very strong chance of winning reelection regardless of the system of election we use,” Wright said. “But there’s no question that the new system will boost her chances.”

He added: “Alaska has a reputation as a red state — which is true — but we’re not a deep red state like Oklahoma or South Dakota; Alaskans on average are center-right on most political issues and Murkowski, as a center-right Republican, as well as an Alaska-style politician with deep roots in the state and a history of successfully bringing home tangible benefits to Alaska (including federal transportation spending, new ferries for coastal Alaska, etc.) has the policy chops to succeed with Alaskan voters.”

Lovecraft thinks both U.S. House and U.S. Senate elections will prove interesting, now and in the general election in November. “The dynamics of the race will tell us more about the nature of Alaska’s Republicans these days — have they shifted more towards the style, and thus candidates, of Trump? Or do they retain a desire for a senator like Murkowski who breaks from her party line when she feels it is important for Alaska?” she said.

The rest of the ballot will likely not have as much excitement as U.S. House and Senate, save one: The governor’s race pits Republican incumbent Michael Dunleavy, backed by Trump, against former independent Governor Bill Walker. Both are known entities and according to Wright will make for a squeaker of an election come November.



from Courthouse News

Monday, August 8, 2022

Dinner viewing

We try to provide answers when we get questions.

A reader writes:

I’m tired of the Trump fixation. I’m kinda tired of the news in general. Just don’t know what else to watch with dinner.

Dear Reader:

Can’t blame you. Trump fixation has surpassed Oxycontin/opioid abuse as the leading cause of debilitation, crime, and erosion of family values in the U.S today.

But we all need something to watch with dinner.

Fortunately, I have recommendations for stimulating non-Trump dinner viewing. Please note that the descriptions below contain spoilers:

FBoy Island. Before you read any further, be warned that I’m going to give away part of the shocking ending to Season 1.

Legal professionals will be fascinated by this tropical romp that poses the question: does promissory estoppel apply to a reality television show?

In a mind-boggling twist in the first season’s last episode, a winning contestant was denied his prize just because he was an fboy. (If you don’t know what an fboy is, that’s probably a good thing.)

Can the winning/losing contestant sue?

Can fboy mistreatment in general be grounds for a class action?

You’ll while away many hours discussing these issues during and after dinner.

She-Hulk, Attorney-At-Law. This series hasn’t premiered yet, but I’m going to assume it’s wonderful. Finally, super villains are going to get the justice they deserve.

Consider this fictional methadone for Trump fixation fantasies.

Dopesick. Take your mind off one plague by fondly remembering the last one. Not only is there pain and misery, but you also get government incompetence and corruption.

The James Comey chicken scene is particularly delightful.

Bullsh*t The Game Show. If you don’t know an answer, just make it up. There’s no better reflection of modern times.

The Iron Chef. Your dinner may be crap but at least you can look at something delicious. This can be a great way to lose weight – you’ll be so disappointed in your own food, you won’t want to eat it.

Hope this helps, Reader. If these programs don’t do it for you, try skipping dinner. Trump fixation on a full stomach can lead to nausea.

Cops gone wild. I’m probably imagining it, but it seems that cops-gone-rogue stories have been getting weirder.

Three of them recently popped up in court rulings.

In Oklahoma, the U.S. Court of Appeals for the Tenth Circuit ruled that an officer could be sued for using excessive force in the form of a punch, tackle and chokehold on a guy “suspected only of trespassing on a marina by riding in a golf cart.”

A federal judge in Connecticut ruled in favor of qualified immunity for police “because there is no clearly established due process right to not have a dog transferred without proper notice.”

There should be, but there isn’t.

Saddest of all is the tale told in a federal court ruling of a 72-year-old in Virginia who found a bear cub who had been hit by a car and made the mistake of calling the authorities. A deputy sheriff showed up and – allegedly – told the guy to leave and said he was going to kill the bear!

The plaintiff objected to bear baby murder so the deputy threw him to the ground. No word on what happened to the cub (a pretty glaring omission).



from Courthouse News