Alabama asks US Supreme Court to let execution proceed

Alabama’s attorney general on Monday asked the U.S. Supreme Court to let an execution proceed this week, arguing that questions about a lethal injection drug have been settled by the courts. Attorney General Steve Marshall’s office asked the justices to let the state proceed with Thursday’s scheduled execution of Robert Melson who was convicted of killing three Gadsden restaurant employees during a 1994 robbery. The 11th U.S. Circuit Court of Appeals last week granted a stay as it considers appeals from Melson and other inmates who contend that a sedative used by Alabama called midazolam will not render them unconscious before other drugs stop their lungs and heart. The state argues there was no reason to grant the stay since midazolam’s use in lethal injections has been upheld by the high court, and the court has let executions proceed using midazolam in Alabama and Arkansas. “Alabama has already carried out three executions using this protocol, including one less than two weeks ago in which this court, and the Eleventh Circuit, denied a stay,” lawyers with the attorney general’s office wrote in the motion “If the stay is allowed to stand, Melson’s execution will be delayed many months, if not years. The State, the victims’ families, and the surviving victim in this case have waited long enough for justice to be delivered. This Court should vacate the lower court’s stay,” attorneys for the state wrote. Melson is one of several inmates who filed lawsuits, which were consolidated, arguing that the state’s execution method is unconstitutional. A federal judge in March dismissed the lawsuits, and the inmates appealed to the 11th Circuit saying the judge dismissed their claims prematurely. A three-judge panel of 11th Circuit judges did not indicate whether they thought the inmates would succeed in their appeals. Rather, the judges wrote Friday that they were staying Melson’s execution to avoid the “untenable” prejudging of the inmates’ cases. Midazolam is supposed to prevent an inmate from feeling pain, but several executions in which inmates lurched or moved have raised questions about its use. An Arkansas inmate in April lurched about 20 times during a lethal injection. Melson’s lawyers wrote in a Friday motion that Alabama “botched” a December execution in which inmate Ronald Bert Smith coughed and moved for the first 13 minutes. “Mr. Smith’s botched execution supports the argument that midazolam is a vastly different drug than pentobarbital. It does not anesthetize the condemned inmate, and because it does not anesthetize, defendants’ use of potassium chloride is unconstitutional,” Melson’s attorneys wrote last week.

Montenegro court confirms indictments against 2 Russians

Montenegro's higher court on Thursday confirmed prosecution indictments against 14 people, including two Russians charged with masterminding a coup attempt aimed at preventing Montenegro from joining NATO. Russian nationals Eduard Shishmakov and Vladimir Popov have been indicted with various criminal offenses, terrorism and acts against the constitutional order of Montenegro, a court statement said. The two alleged members of Russia's military security agency had reportedly operated from neighboring Serbia with sophisticated spying equipment. They have returned to Russia and are beyond the reach of Montenegro's judiciary. Shishmakov was a deputy military attaché at the Russian embassy in Warsaw, but was declared persona non grata in Poland in June 2014 because it was believed that he was involved in spying. The other 12 suspects, mostly Serbs, allegedly planned on the election day in October to take over parliament in the capital of Podgorica and kill then-Prime Minister Milo Djukanovic. Among the indicted suspects are two top Montenegrin opposition officials who have made frequent visits to Moscow before and after the alleged coup attempt. "This is a political process against fierce opponents of NATO," said opposition leader Milan Knezevic, who was indicted. Montenegro, once a Russian ally, formally became the 29th member of NATO on Monday, despite Moscow's strong opposition.

Court: Neighbors can sue pot grower for stinky smells

A pot farm's neighbor can sue them for smells and other nuisances that could harm their property values, a federal appeals court ruled Wednesday. The 10th U.S. Circuit Court of Appeals ruling revives a lawsuit between a Colorado horse farm and a neighboring marijuana-growing warehouse. The horse farm's owners, the Reillys, sued in 2015, claiming that the pot-growing warehouse would diminish their land's value by emitting "noxious odors" and attracting unsavory visitors. A federal district court dismissed the Reillys' claim, and the pot warehouse opened in 2016. The horse farm owners appealed, and a three-judge appeals panel agreed Wednesday that their claims should be heard. But the judges said the Reillys can't sue Colorado to force the state to enforce federal drug law and not allow the pot warehouse in the first place. The southern Colorado horse-vs-pot case is interesting because the horse farm owners are trying to use a 1970 federal law crafted to fight organized crime. The Reillys say that federal racketeering laws entitle them to collect damages from the pot farm, even though the pot farm is legal under state law. "The landowners have plausibly alleged at least one (racketeering) claim," the judges wrote. Pot opponents say the racketeering strategy gives them a possible tool to break an industry they oppose. It could give private citizens who oppose pot legalization a way to sue the industry out of business, even as federal officials have so far declined to shut down most pot businesses operating in violation of federal drug law. "This is a tremendous victory for opponents of the marijuana industry," said Brian Barnes, a Washington-based lawyer who represents the Reillys on behalf of the anti-crime nonprofit group Safe Streets Alliance. Owners of the pot warehouse, owned by a company called Alternative Holistic Healing, did not immediately return a call for comment Wednesday. An attorney representing them in the case could not be reached, either. The case now goes to back to a federal district court that had earlier dismissed it. The appeals panel handed pot opponents a defeat on another case Wednesday, however. The judges ruled that a lower court was right to dismiss a claim from a group of sheriffs in Colorado, Nebraska and Oklahoma, who had asked the federal court to block Colorado's pot law.