A Short History of The Death Penalty in Texas

March 31st, 2008

Texas is one of 38 states, as well as the Federal Government, that has provisions for execution for certain crimes. The jurisdictions without the death penalty are Alaska, Washington D.C., Hawaii, Iowa, Maine, Massachusetts, Michigan, Nebraska, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin.

The State of Texas executed the first individual in state history by electric chair in February of 1924. The state executed the last individual by electrocution in July of 1964. In this 40 year span, Texas executed 361 people.

In 1972, the Supreme Court determined that the process for executing people was a form of “cruel and unusual punishment” which violates the Eighth Amendment of the United States Constitution. To fit the new guidelines that the Supreme Court set, Texas changed its Penal Code. The Penal Code changes made capital punishment legal again.

The new process allows for two trials. The first trial is the ordinary trial where an individual is convicted of a capital felony. The second trial determines whether or not the convicted individual will receive the death penalty. During the first trial, the prosecutor is responsible for informing the jury that the state will seek the death penalty if the suspect is convicted.

The first individual executed under the new rules was in 1982. Since then, Texas has lead the country in the number of executions since the death penalty was reinstated in 1976. Lethal injection has been the method for capital punishment since 1977. From 1819 to 1923, death row inmates were hung, and from 1924 to 1977, death row inmates were electrocuted by use of the electric chair.

The drug mix for the lethal injection is comprised of Sodium Thiopental, Pancuronium Bromide, and Potassium Chloride. The Sodium Thiopental is a sedative. It, basically, puts the death row inmate to sleep. Once the individual is sedated, the Pancuronium Bromide, which is a muscle relaxant, is administered. This drug is designed to collapse the diaphragm and the lungs. The Potassium Chloride is the drug that stops the heart. An individual, once the process is started, is generally pronounced dead after seven minutes.

Before 1923, each county in the state of Texas was responsible for carrying out their own executions. In the same bill that made electrocution the method for execution, the state legislature made executing people happen in one place.

That one place has been three different locations since 1923. Death Row inmates were housed in the Huntsville Unit until they moved to the Ellis Unit in 1965. Ellis Unit was used until inmates were moved to the Polunsky Unit in 1999. Women on death row have always been housed at the Mountain View Unit.

In the Polunsky Unit, death row offenders are housed individually in a 60 square foot cell. Each cell has its own window. Death row inmates, in addition to being housed individually, are given a time frame to exercise individually. They receive a regular diet and have access to reading, writing, and legal materials. Some inmates, depending on the level of security they require, have access to a radio.

For more information concerning capital punishment in Texas and the crimes associated with it, please visit http://www.criminallawyerdenton.com. Their team will be more than happy to answer any questions you may have.

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What is a Power of Attorney? Posted By : Nicholas Fagan

March 31st, 2008

A power of attorney form is a legal document that is voluntarily entered into by two parties and then is duly certified by a notary public. The person who wrote up the agreement is called the Principal; the person who is ‘executing’ the agreement is called the Agent. Through the agreement, the agent is given the legal capacity to perform a task for the principal even in his absence.

A power of attorney can be very general, or very specific. A scenario that often happens is that a principal will appoint an agent to perform any and all of his legal affairs for a certain period of time. This is usually done when the principal is away on a lengthy business trip and away from his permanent residence. Another scenario it is used it when the principal is ill.

Since the agent represents the principal and comparisons can be made to that of an employee, an agent is often called an Attorney-in-Fact, which is also a very popular term for an agent.

Also, this agreement is not limited to only individuals, corporations and partnerships are all allowed to be involved in a power of attorney. There are some limitations though, everyone involved must be at least 18 years of age or older and have a normal mental capacity.

Most principals understand that itÂ’s not right for you to try and force some one to participate within the scope of the legal agreement just because he/she has signed it. Most people expect that the agent should be entitled to payment for his/her services rendered and reimbursement for some of his/her expenses. An example of when the agent should be compensated is when their purchasing real estate property for you. By virtue of the power of attorney, the agent negotiates a deal, pays for and even signs all the legal documents necessary for the principal. In this case, of course an agent should be compensated and paid.

Another good thing to know is that a power of attorney can be cancelled at any time by the principal. Most likely to revoke it all you have to do is fill out a revocation of power of attorney and then have it duly certified by a notary public. It all depends on your state’s laws; some states require the above, plus a copy of the original power of attorney with ‘REVOKE’ written at the top. Another way a power of attorney can be revoked is if the principal wrote a certain period of time for the agreement to be valid before it is no longer valid. Also, the agreement will become null and void if the principal passes away.

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D.C. Council member proposes new program to cover uninsured

March 31st, 2008

A D.C. Council member is proposing a plan to offer subsidized health-care coverage to uninsured residents. The program would be funded by new taxes on health companies and cigarettes.

David Catania says he’ll introduce legislation this week aimed at helping about 25,000 uninsured residents who are not eligible for Medicaid programs or another D.C. program.

Residents would pay monthly premiums of $20 and $100, depending on their incomes. The city would subsidize about $21 million of the cost, with CareFirst BlueCross BlueShield contributing $5 million and making their providers available.
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Wal-Mart Sues Disabled Ex-Employee

March 31st, 2008
JACKSON, Missouri (March 29) - Debbie Shank breaks down in tears every time she’s told that her 18-year-old son, Jeremy, was killed in Iraq. The 52-year-old mother of three attended her son’s funeral, but she continues to ask how he’s doing. When her family reminds her that he’s dead, she weeps as if hearing the news for the first time.

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Black in America: Eyewitness to Murder: The King Assassination

March 31st, 2008

(CNN Student News)CNN Presents: Black in America: Eyewitness to Murder: The King Assassination premieres on April 3, 2008 from 9:00 — 11:00 p.m. ET on CNN

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Lawyers as Litigants in Boston

March 30th, 2008

Yesterday brought two appellate opinions from Boston-based courts — one federal, one state — in which lawyers participated not as advocates, but as litigants. One, from the state’s highest court, the Supreme Judicial Court, addressed the applicability of an anti-SLAPP statute to the lawyer’s attempts to recover his legal fees. The other, from the 1st U.S. Circuit Court of Appeals, involved a divorcing lawyer’s attempt to keep his ex-wife from getting a stake in his retirement plans.

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International Financial Law Review - Lawyers urge caution as SEC acts on Enron

March 30th, 2008

US lawyers have given a cautious welcome to the US Securities &
Exchange Commission’s plans to radically reform corporate disclosure
rules in the wake of the Enron affair. If enacted, the proposals will
significantly shorten the amount of time companies have to file their
quarterly and annual …

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American Business Law Journal - Responsible Business: Weaving the Fabric of a Stable Marketplace

March 30th, 2008

Good evening, ladies and gentlemen. Tim, thank you for inviting me to speak at this important conference. I am pleased to be here on behalf of the U.S. Department of Commerce.1

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Legal Publisher - Strafford launches Insurance Law/Litigation reports for three states.

March 30th, 2008

Strafford Publications (Atlanta, GA) has begun the publications of three new state insurance newsletters, including California Insurance Law & Litigation Alert, New York Insurance Law & Litigation Alert and Texas Insurance Law & Litigation Alert. All three titles will …

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Journal of Legal Economics - Price Dispersion and Class Certification in Antitrust Cases: An Economic Analysis

March 29th, 2008

Differences in prices paid by putative class members (i.e., price dispersion) often become a focal point for class certification in antitrust matters. This paper discusses how an economic analysis of the existence, extent, and nature of price dispersion faced by plaintiffs seeking class certification may be informative even in matters thought to be particularly appropriate for class treatment (e.g., horizontal price-fixing). The existence of price variability among the products at issue can be addressed within the class framework if such price differences are systematic and able to be controlled for in any but-far pricing analysis.

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