7th Circuit Court Orders Issuance Of Writ Of Habeas Corpus For Convicted Murderer

first_img7th Circuit Court Orders Issuance Of Writ Of Habeas Corpus For Convicted MurdererOlivia Covington for www.theindianalawyer.comThe full 7th Circuit Court of Appeals has ordered that writ of habeas corpus or a new trial be ordered for a man convicted of three murders and sentenced to death, finding that state courts incorrectly omitted a key piece of evidence in the defense’s case.In the case of Wayne Kubsch v. Ron Neal, 14-1898, Wayne Kubsch was convicted in the 1998 murders of his wife, Beth Kubsch, Rick Milewski and Aaron Milewski, Rick Milweski and Beth Kubsch’s son, in Mishawaka. Kubsch was sentenced to death as a result of his convictions.While the 7th Circuit Court wrote in its Friday opinion that the jury in the case had correctly relied on circumstantial evidence to convict Kubsch of the murders, the court also wrote that one piece of evidence that was omitted could have been used to prove Kubsch’s innocence. The evidence was a videotaped testimony of Amanda Buck, a 9-year-old girl who said in the video that she saw Aaron Milewski at 3:30 p.m. on the day of the murders, which would have undermined the state’s theory that the murders were committed between 1:53 p.m. and 2:51 p.m.Buck was called to testify at a second trial in the case in 2005, but she claimed to have no memory of the videotaped interview with police. Kubsch’s lawyer attempted to use the transcript of the interview to refresh Buck’s memory and later to impeach her, but the prosecution objected, and the court sustained the objections. The court also refused to permit the use of Buck’s interview as a recorded recollection.After direct appeals and post-conviction proceedings in state courts, Kubsch filed for habeas corpus relief in federal court. The district court and a panel of 7th Circuit judges found that the state court decisions passed muster, but that opinion was vacated when the full 7th Circuit Court decided to hear the case en banc.In its opinion handed down on Friday, the 7th Circuit Court wrote that the heart of Kubsch’s case went to whether the state had violated his rights to due process under the 14th Amendment by rendering a decision contrary to the U.S. Supreme Court’s decision in the case ofChambers v. Mississippi, 410 U.S. 284 (1973).In that case, the U.S. Supreme Court held that, “Few rights are more fundamental than that of an accused to present witnesses in his own defense. … Although perhaps no rule of evidence has been more respected or more frequently applied in jury trials than that applicable to the exclusion of hearsay, exceptions tailored to allow the introduction of evidence which in fact is likely to be trustworthy have long existed.”In applying Chambers to Kubsch’s case, the 7th Circuit Court wrote that the excluded recording of Buck’s testimony was the strongest evidence in Kubsch’s defense based on actual innocence and, asChambers requires, was unusually reliable.If a jury had been allowed to hear Buck’s testimony or that of her mother, the circuit court wrote that they could have reasonably acquitted or convicted Kubsch.“All we are saying is that the jury should have been given the chance to evaluate the case based on all the evidence, rather than on the basis of a truncated record that omitted the strongest evidence the defense had,” the court wrote. “The facts of Kubsch’s case parallel so closely the facts of Chambers … that a failure to apply those cases here would amount to an unreasonable application of law clearly established by the Supreme Court.”The 7th Circuit Court reversed the district court’s judgment and remanded the case for the issuance of a writ of habeas corpus, unless the state takes steps to give Kubsch a new trial within 120 days.However, Judges David Hamilton, Frank Easterbrook and Diane Sykes dissented, writing in a separate opinion that the en banc majority had “crafted a new rule so narrow and case-specific as to be good apparently only for this case.”“The residual risk or error in capital cases is deeply sobering for all of us with roles in the criminal justice system,” Hamilton wrote. “That risk offers a powerful policy argument against the death penalty. It does not provide a reason to disregard rules of evidence that apply to both sides and have been designed to ensure fair and reliable evaluation of evidence.”St. Joseph County Prosecutor Ken Cotter told the Associated Press on Monday that he will consult with the victims’ families and review case files before determining how to proceed.Defense attorney Alan Freedman said Kubsch is relieved by the ruling and is awaiting the prosecutor’s decision.FacebookTwitterCopy LinkEmailSharelast_img read more

News story: Carillion: Official Receiver’s employment update

first_img A further 21 jobs have been transferred to new suppliers over the past week and in total, more than 13,500 jobs have been saved. Regretably, 356 people will be leaving the business as their roles are no longer required but support is available to help them find new work. 21 roles transferred to new suppliers taking the total jobs saved to 13,516 jobs (74% of the pre-liquidation workforce) and 2,778 (15%) jobs have been made redundant through the liquidation a further 1,277 employees have left the business during the liquidation through finding new work, retirement or for other reasons this information does not include jobs attached to contracts where an intention to purchase has been entered into but has not yet formally occurred more than 650 employees are currently retained to enable Carillion to deliver the remaining services it is providing for public and private sector customers until decisions are taken to transfer or cease its remaining contracts further information about rights in redundancy is available on gov.uk Further information A spokesperson for the Official Receiver said: Staff have been professional throughout the liquidation and we will continue to engage with staff, their elected representatives and unions as arrangements are confirmed.last_img read more

Watch Wilco Perform A Tiny Desk Concert On NPR

first_imgOne of the great series to come from NPR is the “Tiny Desk Concerts,” where renowned artists will cram into tiny spaces and regale viewers with some of their greatest creation. In the past, L4LM favorites like Trey Anastasio and Sharon Jones & The Dap-Kings have made their marks on the series, but this time, it was Wilco’s time to shine.The band performed four songs in total, opening with “The Joke Explained” from the recently-released Star Wars album before heading into “Misunderstood,” “I’m Always in Love” and “Shot in the Arm.”Jeff Tweedy Promises A New Wilco Album In 2016Enjoy the video below, and head to NPR for the full story:last_img

Getting Lost at the Edge

first_imgIt’s hard to read any technology blog, research report, announcement or interview without seeing the word “edge.” It’s becoming almost as commonplace as “cloud,” and can be equally confusing. The concept isn’t necessarily new, however.Before the term “edge” caught fire, we had a long history of decentralizing applications and services—Content delivery networks (CDNs), DNS proxies and DDoS systems are all founded on the principle that the laws of large numbers (“too much” or “too many” of anything) require distribution for efficiency.I often see “edge” used in specific contexts, such as:A set of products: “Hey, look at our edge portfolio, specifically designed for the challenges YOU have at YOUR edge”A physical/geographic location: “YOUR facilities are not ready to enable the edge”Infrastructure transformation: “YOUR edge is dumb. We can make it SMART”A new business model or service offering: “Services and applications are moving to the edge”None of these statements are wrong, per se—which is why the conversations continue—but none of them are necessarily right, either. What do these statements actually tell us about what the edge is and what problems the edge can solve?First, in the interest of clarity, I think about “edge” in two different contexts:The access edge is a terminating point of one network (i.e., the SP) and another network (i.e., the enterprise). In this scenario, one network is using the other for access to content/services/applications. I would categorize SD-WAN and IoT as lead examples here.The network edge is an aggregation point within one network (i.e., the SP). In this scenario, the network is providing a platform for content/services/applications (including network functions) to be offered to others. I would categorize edge clouds (IaaS/PaaS) and data center transformations, such as Central Office Re-Architected as Data Centers (CORD) as initiatives here.Secondly, I think about “edge” in terms of use cases:Dynamic content – “too much” localized content consumption yields new delivery modelHighly interactive applications – “too many” paths yields decentralized aggregation pointsBig data business models – “too much” content yields distributed data processingSecurity – “too many” threat vectors yields localized enforcement pointsIoT – “too many” devices yields decentralized platformsAnd there are many more (“too much” bandwidth = distribution of NFV user planes), and nuanced (“too much” power consumption = centralized Radio Access Networks) use cases.Dell Technologies is focused on just about all of them, from joint innovation with component suppliers and solutions development with ISV partners, to industry-wide initiatives, and customer-specific architectures and engagements. The problem space is large, diverse and complex. So rather than trying to shoehorn everything into a single Dell Technologies edge strategy, we’re taking more of a market-centric approach to edge implementation.However, rather than share (as some of our competitors have done) a proposed list of investments we plan to make or things we plan to do, I submit for your reading pleasure a (non-exhaustive) list of things Dell Technologies is actually DOING related to the “edge:”Dell EMC is a leader in modular data centers (MDCs), allowing our customers to re-define where the “Edge” actually is, and putting IT where it needs to be, rather than in facilities built for where it needed to be in the past. Dell EMC delivers MDCs in different scale and form factors to best meet customer needs. These MDCs also include complete remote management capabilities.Dell EMC offers a broad range of Power Edge Servers and subset of these servers are also offered in ruggedized and short-depth form factors for edge deployments, such as the Dell EMC PowerEdge XR2.Dell EMC also enables accelerators based on FPGAs and GPUs that can be used to accelerate network services, analytics and customer applications at the edge.Dell has an entire range of Edge Gateways specifically focused on IoT.Dell is a founding member of EdgeX Foundry, focused on building a common, open framework for IoT edge computing.Dell EMC Networking has launched the Virtual Edge Platform (VEP), a family of Universal CPE focused on the Access Edge, ideally suited for SD-WAN applications.VMware has also acquired VeloCloud to extend its NSX technology with SD-WAN functionality. Dell EMC Networking has a long history of partnering with leading wireless providers, including Aerohive and Ruckus Networks.Dell EMC is a Platinum member of the Open Networking Foundation (ONF), focused on delivering open reference architectures for the network (or carrier) edge.VMware has introduced their Virtual Cloud Network, providing a ubiquitous software layer from data center to cloud to edge.At Dell Technologies, “edge” is more than just a buzzword or a proposed investment, it’s part of our solutions-oriented approach. We’re ready to help you find out what problems the edge can solve for you.last_img read more

Cicely Tyson paved way for Black actors to follow footsteps

first_imgLOS ANGELES (AP) — Cicely Tyson was a Black actor who knocked down doors so other women of color could walk through them. She strategically selected powerful roles to elevate how Black actors were perceived. Tyson showed dignified grace in films such as “Sounder” and on TV with “The Autobiography of Miss Jane Pittman.” Viola Davis, Kerry Washington and Zendaya are among those inspired to follow the Tony and Emmy-winning actor’s footsteps. Davis says Tyson made her feel “valued in a world where there is still a cloak of invisibility for us dark chocolate girls.” Tyson died Thursday at age 96. Her death comes just days after the release of her memoir “Just As I Am.”last_img

Bluestem Brands, Owner Of Warren’s Blair, Files For Bankruptcy

first_imgWARREN – Bluestem Brands, the owner of a Warren based apparel manufacturing company, announced Monday it has filed for Chapter 11 bankruptcy.The corporate group owns Warren Pennsylvania’s Blair Corporation, a men’s and women’s apparel factory and store.Bluestem’s bankruptcy petition calls for 125 million in financing from an unnamed outside bidder who plans to buy and restructure the company.“We are using Chapter 11 to maximize the value of our business and have entered into a stalking horse purchase agreement with a syndicate of term-loan lenders, which provides us a clear path to strengthen our business for continued success,” said Brice Cazenave, Bluestem’s CEO in a statement. “We will emerge from Chapter 11 as a stronger company, with a clear brand focus and the opportunity to realize the full potential of the company.” According to the press release, the company does not expect call or distribution center operations to be interrupted throughout the process.Chapter 11 bankruptcy is a reorganization plan frequently used by large companies, allowing them to stay active while repaying creditors.Bluestem Brands is headquartered in Eden Prairie, Minnesota. The company also owns Fingerhut.com and several other brands. Share:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to email this to a friend (Opens in new window)last_img read more

Coronavirus wipes $5 trillion off global stocks as it spreads to new countries

first_imgGlobal stock markets have plummeted to their worst week since the 2008 financial crash, with $5 trillion wiped off global stocks as the coronavirus takes hold in new territories and sparks fresh concerns about a global pandemic.In Asia, Japan’s Nikkei dropped 3.67% on Friday, while Hong Kong’s Hang Seng Index fell 2.4% and mainland China’s Shanghai composite index was down 3.71%.European markets followed suit, with London’s FTSE 100 opening 3.3% down, while Germany’s DAX fell 3.6% and in France, the CAC 40 was down 3.1%. Italy’s FTSE MIB was down 2.3% on Friday.The Stoxx 600, the pan-European index, is on course for its biggest weekly drop since the 2008 financial crisis. ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr continue reading »last_img read more

Golden Globe Nominations Are Out

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Alejandro González Iñárritu’s “Birdman” led the way Wednesday with seven Golden Globe nominations, followed closely by “Boyhood” and “The Imitation Game,” each with five.“Birdman” scored nominations for Best Comedy or Musical, Director and several acting categories.Earning nominations for Best Drama were “Boyhood,” “Foxcatcher,” “The Imitation Game,” Selma,” and “The Theory of Everything.”As for television, perennial nominees “The Good Wife,” and “Downtown Abbey,” were once again nominated for Best Drama, joined by newcomer “The Affair,” “Game of Thrones,” and Netflix’s “House of Cards.”Joining Netflix in the Internet streaming wars was Amazon, which earned a nod for “Transparent” in the Best Comedy on TV category. Netflix is also represented in that category for its widely popular comedy, “Orange is the New Black.” Its political thriller “House of Cards,” was nominated for Best Drama. This is Amazon’s first nomination. The one glaring omission appears to be ABC’s critically acclaimed comedy “Modern Family,” which has dominated previous competitions.The Golden Globes, hosted by comedians Tina Fey and Amy Poehler, will air on Sunday, Jan. 11 at 8 p.m.Check out the full list of nominees:BEST MOTION PICTURE – DRAMABOYHOODFOXCATCHERTHE IMITATION GAMESELMATHE THEORY OF EVERYTHINGBEST PERFORMANCE BY AN ACTRESS IN A MOTION PICTURE – DRAMAJENNIFER ANISTON: CAKEFELICITY JONES: THE THEORY OF EVERYTHINGJULIANNE MOORE: STILL ALICEROSAMUND PIKE: GONE GIRLREESE WITHERSPOON: WILDBEST PERFORMANCE BY AN ACTOR IN A MOTION PICTURE – DRAMASTEVE CARELL: FOXCATCHERBENEDICT CUMBERBATCH: THE IMITATION GAMEJAKE GYLLENHAAL: NIGHTCRAWLERDAVID OYELOWO: SELMAEDDIE REDMAYNE: THE THEORY OF EVERYTHINGBEST MOTION PICTURE – COMEDY OR MUSICALBIRDMANTHE GRAND BUDAPEST HOTELINTO THE WOODSPRIDEST. VINCENTBEST PERFORMANCE BY AN ACTRESS IN A MOTION PICTURE – COMEDY OR MUSICALAMY ADAMS: BIG EYESEMILY BLUNT : INTO THE WOODSHELEN MIRREN: THE HUNDRED-FOOT JOURNEYJULIANNE MOORE: MAPS TO THE STARSQUVENZHANÉ WALLIS: ANNIEBEST PERFORMANCE BY AN ACTOR IN A MOTION PICTURE – COMEDY OR MUSICALRALPH FIENNES: THE GRAND BUDAPEST HOTELMICHAEL KEATON : BIRDMANBILL MURRAY: ST. VINCENTJOAQUIN PHOENIX: INHERENT VICECHRISTOPH WALTZ: BIG EYESBEST ANIMATED FEATURE FILMBIG HERO 6THE BOOK OF LIFETHE BOXTROLLSHOW TO TRAIN YOUR DRAGON 2THE LEGO MOVIEBEST FOREIGN LANGUAGE FILMFORCE MAJEURE TURIST (SWEDEN)GETT: THE TRIAL OF VIVIANE (ISRAEL)Arte France Cinéma; Music Box FilmsPhoenix film investments; Music Box FilmsTANGERINES MANDARIINID (ESTONIA)BEST PERFORMANCE BY AN ACTRESS IN A SUPPORTING ROLE IN A MOTION PICTUREPATRICIA ARQUETTE: BOYHOODJESSICA CHASTAIN: A MOST VIOLENT YEARKEIRA KNIGHTLEY: THE IMITATION GAMEEMMA STONE: BIRDMANMERYL STREEP: INTO THE WOODSBEST PERFORMANCE BY AN ACTOR IN A SUPPORTING ROLE IN A MOTION PICTUREROBERT DUVALL: THE JUDGEETHAN HAWKE: BOYHOODEDWARD NORTON: BIRDMANMARK RUFFALO: FOXCATCHERJ.K. SIMMONS: WHIPLASHBEST DIRECTOR – MOTION PICTUREWES ANDERSON: THE GRAND BUDAPEST HOTELAVA DUVERNAY: SELMADAVID FINCHER: GONE GIRLALEJANDRO GONZÁLEZ,IÑÁRRITU: BIRDMANRICHARD LINKLATER: BOYHOODBEST SCREENPLAY – MOTION PICTUREWES ANDERSON: THE GRAND BUDAPEST HOTELGILLIAN FLYNN: GONE GIRLALEJANDRO GONZÁLEZ, IÑÁRRITU,NICOLÁS GIACOBONE, ALEXANDER DINELARIS, ARMANDO BO: BIRDMANRICHARD LINKLATER: BOYHOODGRAHAM MOORE: THE IMITATION GAMEBEST ORIGINAL SCORE – MOTION PICTUREALEXANDRE DESPLAT: THE IMITATION GAMEJÓHANN JÓHANNSSON: THE THEORY OF EVERYTHINGTRENT REZNOR,ATTICUS ROSS: GONE GIRLANTONIO SANCHEZ: BIRDMANHANS ZIMMER: INTERSTELLARBEST ORIGINAL SONG – MOTION PICTURE“BIG EYES” — BIG EYESMusic by: Lana Del ReyLyrics by: Lana Del Rey“GLORY” — SELMAMusic by: John Legend, CommonLyrics by: John Legend, Common“MERCY IS” — NOAHMusic by: Patti Smith, Lenny KayeLyrics by: Patti Smith, Lenny Kaye“OPPORTUNITY” — ANNIEMusic by: Greg Kurstin, Sia Furler, Will GluckLyrics by: Greg Kurstin, Sia Furler, Will Gluck“YELLOW FLICKER BEAT” — THE HUNGER GAMES:MOCKINGJAY – PART 1Music by: LordeLyrics by: LordeBEST TELEVISION SERIES – DRAMATHE AFFAIR / SHOWTIMEDOWNTON ABBEY / PBSGAME OF THRONES / HBOTHE GOOD WIFE / CBSHOUSE OF CARDS / NETFLIXBEST PERFORMANCE BY AN ACTRESS IN A TELEVISION SERIES – DRAMACLAIRE DANES: HOMELANDVIOLA DAVIS: HOW TO GET AWAY WITH MURDERJULIANNA MARGULIES: THE GOOD WIFERUTH WILSON: THE AFFAIRROBIN WRIGHT: HOUSE OF CARDSBEST PERFORMANCE BY AN ACTOR IN A TELEVISION SERIES – DRAMACLIVE OWEN: THE KNICKLIEV SCHREIBER: RAY DONOVANKEVIN SPACEY: HOUSE OF CARDSJAMES SPADER : THE BLACKLISTDOMINIC WEST: THE AFFAIRBEST TELEVISION SERIES – COMEDY OR MUSICALGIRLS / HBOJANE THE VIRGIN / THE CWORANGE IS THE NEW BLACK / NETFLIXSILICON VALLEY / HBOTRANSPARENT / AMAZONBEST PERFORMANCE BY AN ACTRESS IN A TELEVISION SERIES –COMEDY OR MUSICALLENA DUNHAM: GIRLSEDIE FALCO: NURSE JACKIEJULIA LOUIS-DREYFUS: VEEPGINA RODRIGUEZ : JANE THE VIRGINTAYLOR SCHILLING: ORANGE IS THE NEW BLACKBEST PERFORMANCE BY AN ACTOR IN A TELEVISION SERIES – COMEDY OR MUSICALLOUIS C. K.: LOUIEDON CHEADLE: HOUSE OF LIESRICKY GERVAIS: DEREKWILLIAM H. MACY : SHAMELESSJEFFREY TAMBOR: TRANSPARENTBEST MINI-SERIES OR MOTION PICTURE MADE FOR TELEVISIONFARGO / FXTHE MISSING / STARZTHE NORMAL HEART / HBOOLIVE KITTERIDGE / HBOTRUE DETECTIVE / HBOBEST PERFORMANCE BY AN ACTRESS IN A MINI-SERIES OR MOTION PICTURE MADE FOR TELEVISIONMAGGIE GYLLENHAAL: THE HONORABLE WOMANJESSICA LANGE: AMERICAN HORROR STORY:FREAK SHOWFRANCES MCDORMAND: OLIVE KITTERIDGEFRANCES O’CONNOR: THE MISSINGALLISON TOLMAN: FARGOBEST PERFORMANCE BY AN ACTOR IN A MINI-SERIES OR MOTION PICTURE MADE FOR TELEVISIONMARTIN FREEMAN: FARGOWOODY HARRELSON: TRUE DETECTIVEMATTHEW MCCONAUGHEY : TRUE DETECTIVEMARK RUFFALO: THE NORMAL HEARTBILLY BOB THORNTON: FARGOBEST PERFORMANCE BY AN ACTRESS IN A SUPPORTING ROLE IN A SERIES, MINI-SERIES OR MOTION PICTURE MADE FOR TELEVISIONUZO ADUBA: ORANGE IS THE NEW BLACKKATHY BATES: AMERICAN HORROR STORY:FREAK SHOWJOANNE FROGGATT: DOWNTON ABBEYALLISON JANNEY: MOMMICHELLE MONAGHAN: TRUE DETECTIVEBEST PERFORMANCE BY AN ACTOR IN A SUPPORTING ROLE IN A SERIES, MINI-SERIES OR MOTION PICTURE MADE FOR TELEVISIONMATT BOMER : THE NORMAL HEARTALAN CUMMING: THE GOOD WIFECOLIN HANKS: FARGOBILL MURRAY: OLIVE KITTERIDGEJON VOIGHT: RAY DONOVANlast_img read more

Cap & Reg appoints new finance director

first_imgWould you like to read more?Register for free to finish this article.Sign up now for the following benefits:Four FREE articles of your choice per monthBreaking news, comment and analysis from industry experts as it happensChoose from our portfolio of email newsletters To access this article REGISTER NOWWould you like print copies, app and digital replica access too? SUBSCRIBE for as little as £5 per week.last_img

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