PAPER CHASE USA BRIEF WORLD BRIEF HOT TOPICS NEWSMAKERS STATES COUNTRIES THIS DAY AT LAW

PAPER CHASE »



... click to get JURIST legal news headlines for your website

Monday, May 24

Supreme Court allows constitutional challenge to death penalty procedure  
Jeannie Shawl at 10:44 AM

In a unanimous decision handed down this morning, the US Supreme Court has held that a convicted death row inmate can properly pursue an appeal claiming that lethal injection constitutes cruel and unusual punishment. The court rejected Alabama's argument that David Larry Nelson should not be allowed to challenge a procedural part of its death penalty system, writing that "merely labeling something as part of an execution procedure is insufficient to insulate it from a (legal) attack." The case is Nelson v. Campbell (case backgrounder from Duke Law School's Program in Public Law). Cornell's Legal Information Institute has posted today's opinion per Justice O'Connor. AP has more.

In a second decision handed down Monday, the Supreme Court held that police officers may legally search an arrestee's automobile as part of a valid search incident to arrest even if the arrestee was not in the automobile when the police stopped him. The case is Thornton v. United States (case backgrounder from Duke Law School's Program in Public Law). Cornell's Legal Information Institute has posted today's opinion per Chief Justice Rehnquist, along with Justice O'Connor's concurrence, Justice Scalia's concurrence and Justice Stevens' dissent.

The Supreme Court also granted certiorari Monday in several cases, including Veneman v. Livestock Marketing Association and Nebraska Cattlemen v. Livestock Marketing Association, where the court will decide whether the government can force cattle producers to pay for research into cow diseases and for ad campaigns. AP has more. The Court's full Order List is available here [PDF].



Read the latest legal news | link post | IM post | go to JURIST | © JURIST, 2004

 !   CLICK FOR BREAKING DOCUMENTS, MULTIMEDIA AND MORE ON JURIST'S HOMEPAGE 


ABOUT

Paper Chase is JURIST's real-time legal news weblog, powered by a team of 20 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@law.pitt.edu

PAPER CHASE USA BRIEF WORLD BRIEF HOT TOPICS NEWSMAKERS STATES COUNTRIES THIS DAY AT LAW