The latest courts news from The Texas Tribune.
The Texas Forensic Science Commission heard testimony from four fire experts today to gather evidence about the reliability of the arson investigation that led to the 2004 execution of Cameron Todd Willingham. Half said investigators got it right, and half said they were wrong. Full Story
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Over the objections of state Attorney General Greg Abbott, an Austin appellate court has upheld the divorce of a lesbian couple married in Massachusetts. Full Story
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The jail conditions expert and professor at the University of Texas' LBJ School of Public Affairs on why maintaining treatment programs that keep offenders in their communities and reducing some of the harsh, long-term jail sentences often doled out in Texas' notoriously tough criminal justice system could be more cost-efficient and allow Texas to close prisons. Full Story
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Texas's bid to suspend a federal efforts to regulate greenhouse gases hit another roadblock today, when the 5th Circuit Court of Appeals turned down the state's request for a stay of a move to force states to implement federal plans. Full Story
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Ramshaw on how hard it is to sue over emergency room mistakes, Galbraith on paying for roads in an era of fuel-efficient vehicles, Aguilar on a disagreement about gun regulation, my interview with tort reformer Dick Trabulsi, Grissom on Perry's parsimonious pardoning, Hu and Chang interactively look at House committee chairs, M. Smith on an election challenge and who'll settle it, Ramshaw and Stiles on Dallas County's blue streak and Hamilton on a Valley school district that leads the nation in preparing kids for college: The best of our best from Dec. 20 to 24, 2010. Full Story
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Should Texas gun sellers be required to notify the Bureau of Alcohol, Tobacco, Firearms and Explosives when they sell two or more semi-automatic rifles to one person within a five-day period? The feds, desperate to stem the flow of weapons into Mexico, say yes. Gun rights advocates like Gov. Rick Perry say such a policy would be misguided. Full Story
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Ramsey on what a GOP supermajority means, Ramshaw on a crime victim not eligible for crime victims' compensation, M. Smith on grave matters and state regulation, Hamilton on the college pipeline at San Antonio's Jefferson High, Hu on a senator's anticlimactic return, Grissom on the coming closure of juvenile lockups, Aguilar on the return of residents to their drug-war-torn Mexican town, Galbraith on next session's energy agenda, Philpott on the legal fight over federal health care reform and Stiles on the travel expenses of House members: The best of our best from Dec. 13 to 17, 2010. Full Story
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In October 2001, Marcos Guerra’s wife and three daughters laid him to rest at the cemetery in San Benito where members of his family had been buried for three decades. Almost four years later, they were at his graveside again, burying him a second time, after the cemetery moved his body without their permission and exhumed his remains. Now the family’s legal battle with one of the largest funeral services providers in North America, which has faced class-action lawsuits in several states, has reached the Texas Supreme Court — and is raising questions about the state’s regulation of after-life care. Full Story
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British tourist Thomas Reeve's murder in an Amarillo bar last fall shattered his family, which has been unable to claim financial assistance from the state’s Crime Victims’ Compensation Fund because he wasn't a U.S. resident. Full Story
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Lawmakers, bureaucrats and criminal justice advocates all agree that the state’s trouble-ridden Texas Youth Commission ought to close down two of its correctional facilities. Like other state agencies, TYC has been asked to cut its budget for the next biennium by 10 percent, or $40 million. But no one at TYC is saying which lockups should get shuttered. “They don’t want to bite that bullet and show leadership,” says state Sen. John Whitmire, D-Houston. Full Story
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The Virginia court ruling declaring parts of federal health care reform unconstitutional elicited plenty of reaction in Texas, which is part of a separate attempt to repeal the new law. Ben Philpott of KUT News and the Tribune reports. Full Story
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A federal court's ruling on Monday declaring parts of federal health care reform unconstitutional elicited plenty of reaction in Texas, which is part of a separate attempt to repeal the new law. Ben Philpott of KUT News and the Tribune reports. Full Story
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A Virginia federal district court judge's ruling today that the individual mandate portion of the Obama health care law is unconstitutional is a "huge victory" for Texas, Attorney General Greg Abbott said in a phone interview. Full Story
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The state's new chief appellate lawyer is as new to the Texas bar as he is to the job. Full Story
Texas juries sentenced just eight people to death in 2010, the smallest number since the U.S. Supreme Court reinstated capital punishment here in 1976, according to a report published today by the Texas Coalition to Abolish the Death Penalty. Full Story
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James Ho said today that he's leaving the post he's held as Texas solicitor general since 2008. Full Story
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The legal wrangling between Texas and the federal government over the state's air-pollution permitting system for big industrial plants is intensifying, as Texas Attorney General Greg Abbott filed a brief in a federal court yesterday defending the system. Full Story
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The Texas state climatologist on the reasons for rising temperatures, why international science on climate change is fundamentally sound (no matter what state officials say), what he thinks of our fight with the EPA and how long the drought in Central Texas is likely to continue. Full Story
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Harris County District Judge Kevin Fine is set to hold a hearing Monday in the case of John Edward Green, who is charged with fatally shooting a Houston woman during a robbery in June 2008. Green’s attorneys and capital punishment opponents want Fine to find that prosecutors can’t seek the death penalty because the way we administer it in Texas is unconstitutional. “The current system is profoundly and fundamentally flawed from top to bottom,” says Andrea Keilen, executive director of the Texas Defender Service. Prosecutors counter that the ruling should be made by higher courts, not a trial judge. Full Story
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The director of the Center for Effective Justice at the Texas Public Policy Foundation on the criminal justice challenges lawmakers will face next session (and how they can get the greatest return for each dollar spent), why eliminating prisons could be the most cost-effective way to improve safety and why creating new criminal offenses is the wrong thing to do. Full Story