Fifth Circuit rules on jurors using Bible
Recent Cases
The US Court of Appeals for the Fifth Circuit on Thursday refused to grant a writ of habeas corpus to convicted murder Khristian Oliver, who had argued that his Sixth and Eighth Amendment rights were violated when the jury took Bible passages into account when deliberating on his eventual death sentence. The US District Court for the Eastern District of Texas had made a factual finding that the Bible did not influence the jury’s decision, and the Ninth Circuit held that Oliver did not present clear and convincing evidence rebutting that finding. The parties agreed that a particular Bible passage was consulted by jurors:
And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death. And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death. Or if he smite him with an hand weapon of wood, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death. The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him. Numbers 35:16-19 (KJV).
The Circuits are split on the proper approach to interpreting whether the Bible constitutes an improper external influence. The Ninth Circuit on Thursday held that in such a situation, "the juror has crossed an important line."
The state of Texas has come under criticism lately for executing two foreign nationals after the International Court of Justice ordered the US to stay such executions. Earlier this month, Texas executed convicted murderer Heliberto Chi, a Honduran man who had argued that he was improperly prevented from contacting his government in violation of the 1963 Vienna Convention on Consular Relations. Last month, lawyers for Mexico made a similar argument before the ICJ in an unsuccessful attempt to block the execution of Mexican citizen Jose Ernesto Medellin.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.