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Arizona Supreme Court rejects bid to reschedule execution
PHOENIX (AP) — The Arizona Supreme Court declined Wednesday to reschedule an execution initially set for this week that looked unlikely to be carried out after Gov. Katie Hobbs’ office said the state wasn’t prepared to enforce the death penalty. In an order, the court rejected setting a May 1 execution date for prisoner Aaron […]
Contract – Jury’s mistaken execution finding upheld
The district court’s full jury instructions on mutual assent were a correct statement of Virginia law and not in error. Background Appellants Knox Energy LLC and Consol Energy Inc. filed this action seeking declaratory judgment that a drilling contract with Gasco Drilling Inc. was unenforceable. Consol contended that there was no meeting of the minds […]
Activists argue for more transparency in NC death penalty
RALEIGH, N.C. (AP) — Opponents of the death penalty and the sponsor of a bill changing North Carolina’s execution laws on Thursday debated how much transparency the public needs into the process. The state Senate could vote as soon as next week on legislation clarifying executions are exempt from state requirements for the public rule-making process. That […]
Texas’ top prosecutor: Drug source can be secret
DALLAS (AP) — Texas can keep secret the name of its supplier for its execution drugs, the state attorney general determined after law enforcement argued that suppliers face serious danger. In the decision, Attorney General Greg Abbott’s Office cited a “threat assessment” signed by Texas Department of Public Safety director Steven McCraw that says pharmacies […]
Tennessee brings back the electric chair
NASHVILLE, Tenn. (AP) — As the rest of the nation debates the feasibility and humanity of lethal injections against a backdrop of scarce drugs and botched executions, Tennessee has come up with an alternative: the electric chair. Republican Gov. Bill Haslam signed a bill into law Thursday allowing the state to electrocute death row inmates […]
Drugs in botched Oklahoma execution leaked from IV
OKLAHOMA CITY (AP) — Some of the three drugs used in a botched Oklahoma execution this week didn’t enter the inmate’s system because the vein they were injected into collapsed, and that failure wasn’t noticed for 21 minutes, the state’s prison chief said, urging changes to the state’s execution procedure. Medical officials tried for nearly […]
Once commonplace, executions a rarity – for now
Executions for capital crimes, once a common occurrence in North Carolina, have seen a dramatic slowdown in recent years. But the death penalty remains a hot-button topic, albeit one with an uncertain future. “The death penalty has been a part of North Carolina law since the state was a British colony,” says Jeffrey Welty, University of North Carolina professor of public law and government. �[...]
Civil Practice – Jurisdiction — Appeals – Lower Court Orders – Execution
Federated Financial Corp. of America v. Jenkins Plaintiff obtained a money judgment against defendant, and defendant appealed. Where defendant did not execute a written undertaken as contemplated by G.S. § 1-289(a), his appeal did not stay the judgment, execution, supplemental proceedings, or a hearing conducted incident thereto. Therefore, the trial court did not err in conducting a hea[...]
Civil Practice – Subject Matter Jurisdiction – First Impression — Judgments – Execution – Supplemental Proceedings – Corporate – Piercing the Veil
Travelers Indemnity Co. of Connecticut v. Triple S Marketing Group North Carolina’s supplemental proceedings statutes do not afford a trial court jurisdiction over a motion to pierce the corporate veil of a judgment debtor. We reverse the trial court’s order allowing plaintiff to execute its judgment against individuals who were not party to the underlying lawsuit.
Civil Practice – Judgment – Execution – Exemptions – IRA – Early Withdrawals – Future Withdrawals
Kinlaw v. Harris. Although IRAs are normally exempt from judgment execution, this is to protect a judgment debtor in retirement. A trial court may determine, on a withdrawal-by-withdrawal basis, whether early withdrawals from an IRA are exempt from execution. We affirm the Court of Appeals' holding that G.S. § 1C-1601(a)(9) exempts defendant's IRAs from plaintiff's judgment against defen[...]
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