National Roundup

Mississippi Union Carbide seeks to remove trial judge JACKSON, Miss. (AP) -- The Mississippi Supreme Court has halted all proceedings in an asbestos case until it determines whether the trial judge should have stepped down. The case resulted in a $322 million verdict. In an order signed Tuesday, Chief Justice Bill Waller Jr. granted a petition filed by Union Carbide for a review of whether Circuit Judge Eddie H. Bowen of Smith County should not have presided over the case. Waller set a briefs deadline of Aug. 11. The court also cancelled a post-trial motions hearing scheduled before Bowen on Friday. On May 18, attorneys for Union Carbide said Bowen neglected to notify defense lawyers that his parents had been involved in similar asbestos litigation and had settled a case against Union Carbide. When Bowen didn't respond to the petition, Union Carbide went to the Supreme Court. On May 4, a jury in Smith County awarded $300 million in punitive damages and $22 million in actual damages to Thomas C. Brown, who claimed he had inhaled asbestos dust while mixing drilling mud sold and manufactured by Chevron Phillips Chemical Co. and Union Carbide. Allen Hosselly, a Dallas attorney who represented Brown, told The Associated Press that he felt both the plaintiff and defense were treated fairly by the judge during the trial. He said if there was some conflict involving the judge the defense "didn't raise it until after the verdict came down." In a statement, Union Carbide said Bowen made "offhand comments" during the trial about how his father might have been exposed to asbestos at Ingalls Shipyard in Pascagoula. Union Carbide said Howard J. Bowen, identified as the judge's father, had sued Union Carbide and others in 1989 and 1992. Bowen, according to the motion, was a practicing attorney when his father and mother sued Union Carbide seeking $1 million for emotional distress, and at least one case is still outstanding. Union Carbide settled with the elder Bowens. The judge's bias and prejudice against Union Carbide and Chevron Phillips, the other party being sued, were evidenced in his rulings, comments in front of the jury, and his coaching of Brown's attorneys in questioning witnesses, according to Union Carbide's motion. Louisiana Treatment ordered for suspect in airman's death SHREVEPORT, La. (AP) -- A state district judge in Caddo Parish has ordered a woman charged in the 2010 death of a Barksdale Air Force Base airman to undergo 90 days of treatment at a psychiatric hospital. Judge Mike Pitman issued the order Wednesday in the case of Kimethia Coleman of Minden. Coleman faces a charge of second-degree murder in the stabbing death of Brian Spinks. Shreveport police found the airman dead from multiple stab wounds and a slashed throat. Coleman originally was charged with manslaughter, but police upgraded the charge to second-degree murder after further investigation. She faces life in prison if convicted as charged. Coleman initially pleaded not guilty and later changed the plea to not guilty by reason of insanity. Pitman made his decision after hearing testimony from three psychiatrists who individually examined Coleman but agreed it was impossible to report on her competency because she withheld information and refused to cooperate during her evaluations. Each expert determined Coleman is depressed to some degree and recommended the psychiatric hospital. There, she will be monitored, evaluated and treated if necessary. "At this time she is not competent to proceed and is ordered to undergo 90-day restoration treatment based on the three forensic experts," Pitman said. Defense attorneys asked for a mental evaluation in April saying Coleman couldn't communicate with them regarding the events surrounding the 2010 death. After getting reports that Coleman, 25, refused to cooperate with experts during two previous examinations, Pitman, in June, sent her back to jail and called for the third evaluation. A third physician evaluated her, and the other two doctors met with her a second time. Dr. Richard Williams told the court Coleman was more cooperative during his second meeting with her, though she continued to withhold information. "Clearly her memory is intact and there is no evidence of psychosis," Williams said. "She answers questions that she wants to and says 'I don't know' to the ones she doesn't." Dale Cox, lead prosecutor in the case, contends Coleman is competent, and her behavior is consistent with that of a person who has stabbed a man more than 65 times and slashed his throat from ear to ear. On Wednesday he argued she is manipulating to buy time. "The only reason they aren't able to make a decision is because she is malingering and exaggerating," Cox said. "She is just gaining further delay.''Coleman is set to return to court Nov. 2. Wisconsin State High Court rules in school expulsion case MADISON, Wis. (AP) -- A divided Wisconsin Supreme Court says circuit courts do not have the authority to order schools to provide alternative educational opportunities for expelled students. The court ruled Thursday in a case involving a 15-year-old high school student expelled for three semesters from a Madison public high school in 2009 after he brought nine bags marijuana into the school. The court's 4-3 decision upholds an appeals court ruling that said a Dane County circuit court judge should not have ordered the school to develop and implement an educational plan for the student. State law authorizes circuit courts to order students to attend a variety of programs, but the Supreme Court says it does not give the lower courts the power to order a school district to create programs for students. New Hampshire Lynch allows health care bills to become law CONCORD, N.H. (AP) -- New Hampshire Gov. John Lynch has allowed two Republican bills that set limits on implementing the federal health care law to become law without his signature. One bill says no New Hampshire resident can be required to obtain or be fined for failing to be covered by health insurance. An exception is made for people required by a court or the state who are named in a judicial or administrative proceeding. The second bill establishes an oversight committee whose approval the insurance commissioner must obtain before implementing the federal law. The bill directs the commissioner to return a $666,000 federal grant to plan a health exchange to promote competition among insurers and request that the money be used to reduce the federal deficit. Published: Fri, Jul 15, 2011