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Court says Mississippi can’t count late ballots but the ruling doesn’t affect Nov. 5 vote
Legal Topics |
2024/10/28 21:15
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A conservative federal court said Mississippi cannot count mail-in ballots that arrive shortly after Election Day, however Friday’s decision was not expected to affect the Nov. 5 election.
Although the appellate judges firmly asserted that counting late ballots violates federal law, even if those ballots are postmarked by Election Day, the judges stopped short of an order immediately blocking Mississippi from continuing the practice. Their ruling noted federal court precedents have discouraged court actions that change established procedures shortly before an election.
The outcome may be negligible in most elections in heavily Republican Mississippi, but the case could affect voting in swing states if the Supreme Court ultimately issues a ruling.
The three-judge panel of the 5th U.S. Circuit Court of Appeals reversed a July decision by U.S. District Judge Louis Guirola Jr., who had dismissed challenges to Mississippi’s election law by the Republican National Committee, the Libertarian Party of Mississippi and others. The appeals court order sent the case back to Guirola for further action.
The appeals court said its ruling Friday would not be returned to a lower court until seven days after the deadline for appealing their decision has passed — which is usually at least 14 days. That would put the effect of the ruling well past Nov. 5.
UCLA law professor Richard Hasen wrote on his election law blog that the appeals court ruling was a “bonkers opinion” and noted that “every other court to face these cases has rejected this argument.”
Republicans filed more than 100 lawsuits challenging various aspects of vote-casting after being chastised repeatedly by judges in 2020 for bringing complaints about how the election was run only after votes were tallied.
Republican National Committee Chairman Michael Whatley praised the ruling for upholding “commonsense ballot safeguards” and said voters deserve “a transparent election which ends on November 5th.”
A spokesperson for the Democratic National Committee did not immediately comment on the ruling.
Mississippi is one of several states with laws allowing mailed ballots to be counted if they are postmarked by Election Day, according to the National Conference of State Legislatures. The list includes swing states such as Nevada and states such as Colorado, Oregon and Utah that rely heavily on mail voting.
In July, a federal judge dismissed a similar lawsuit in Nevada. The Republican National Committee is asking the 9th Circuit Court of Appeals to revive that case. |
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Judicial panel recommends suspending Montana’s AG from practicing law for 90 days
Attorney News |
2024/10/24 21:15
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A state judicial panel is recommending that Montana’s Republican attorney general be suspended from practicing law for 90 days for openly defying court orders and repeatedly attacking the integrity of justices in his defense of a law permitting the state’s Republican governor to directly fill judicial vacancies.
The law at issue was part of a nationwide GOP effort to forge a more conservative judiciary and was eventually upheld by Montana’s Supreme Court.
Both sides have up to 30 days to object to Wednesday’s recommendation by the five-member Commission on Practice and another 30 days to respond to objections before the Supreme Court hands down its decision. Five of Montana’s seven justices filed motions Thursday to recuse themselves from ruling on the punishment, meaning they would likely be replaced by state District Court judges.
If Austin Knudsen’s license is suspended it could affect his ability to do his job as attorney general, officials said. The state Constitution requires the attorney general to be “an attorney in good standing admitted to practice law in Montana who has engaged in the active practice thereof for at least five years before election.”
Department of Justice spokeswoman Emilee Cantrell said the office disagrees with the recommended punishment and intends to file an objection. The office instead supports a 2022 special counsel investigation recommendation that suggested “this could have been handled privately, avoiding a politically charged disagreement.” The judicial panel had rejected that recommendation.
In its findings, the panel said there was no doubt actions by the attorney general’s office “repeatedly, consistently and undeniably,” violated professional conduct rules and are “arguably deserving of the most serious consequences.”
They also dismissed a suggestion that holding Knudsen “accountable for his conduct may have further consequences,” because its only focus was on whether his conduct violated the Montana Rules of Professional Conduct.
In court filings, Knudsen’s office had accused state Supreme Court justices of judicial misconduct, corruption, self-dealing, “actual impropriety,” and having a conflict of interest.
The judicial panel noted that Knudsen acknowledged during a hearing earlier this month that a lot of things should have been done differently in representing the Legislature over the extent of its subpoena powers.
“If I had this to do over, I probably would not have allowed language like this — so sharp — to be used,” Knudsen testified. However, the panel also noted that Knudsen repeatedly refused to admit that any of his actions or language in court filings violated professional conduct rules.
The issue dates back to 2021 when the Legislature was working on a law to eliminate the Judicial Nomination Commission, which screened judicial applicants.
Lawmakers learned a Supreme Court administrator used state computers to survey judges about the legislation on behalf of the Montana Judges Association.
After the court administrator said she had deleted emails related to the survey, the Legislature subpoenaed the Department of Administration, which includes the state’s IT department, and received 5,000 of the administrator’s emails by the next day. The court administrator didn’t learn about the subpoena until after the emails had been turned over to the Legislature in April 2021.
The Supreme Court temporarily quashed the subpoena that same month — an order the attorney general’s office said it “does not recognize” — and in July 2021 ordered the emails be returned immediately. The attorney general’s office didn’t return the emails until March and April of 2022, after the U.S. Supreme Court declined to hear the case. Knudsen’s office defied the court order without seeking a stay, something the panel called “beyond the pale.”
This isn’t the only controversy marking Knudsen’s nearly four years in office. He is seeking reelection.
He was accused of pressuring a Helena hospital over its refusal to administer a parasite drug to a COVID-19 patient and his office also sided with a man who made an armed threat over a pandemic mask mandate. He tried to block three constitutional initiatives from the November ballot, recruited a token opponent for the June primary so he could raise more money, and was sued after forcing the head of the Montana Highway Patrol to resign. |
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Facing 7 more lawsuits, Sean ‘Diddy’ Combs protests a ‘fresh wave of publicity’
Legal Topics |
2024/10/22 17:16
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Seven new lawsuits have been filed against Sean ‘Diddy’ Combs, including one alleging the rape of a 13-year-old girl. They come as his lawyers tried again Monday to get him freed on bail, and complained that a “fresh wave of publicity” is endangering his right to a fair criminal trial.
In the lawsuits filed Sunday in state and federal courts, four men and three women, all anonymous, allege they were sexually assaulted by Combs at parties over the last two decades.
Combs, 54, has pleaded not guilty to federal sex trafficking charges contained in an indictment unsealed the day after his Sept. 16 arrest. Charges include allegations he coerced and abused women for years, aided by associates and employees, and silenced victims through blackmail and violence, including kidnapping, arson and physical beatings.
He has remained incarcerated pending a May 5 trial after two judges denied bail in rulings being appealed to the 2nd U.S. Circuit Court of Appeals.
Combs’ lawyers asked a judge Sunday to order potential witnesses and their lawyers to stop making statements that could prevent a fair trial.
“As the Court is aware, Mr. Combs has been the target of an unending stream of allegations by prospective witnesses and their counsel in the press,” they wrote. “These prospective witnesses and their lawyers have made numerous inflammatory extrajudicial statements aimed at assassinating Mr. Combs’s character in the press.”
The latest lawsuits are drawn from what lawyers say are more than 100 accusers who are planning legal action against Combs. Plaintiffs’ lawyer Tony Buzbee announced the planned litigation at an Oct. 1 news conference and posted a 1-800 number for accusers to call.
As before, Combs’ representatives dismissed the latest lawsuits as “clear attempts to garner publicity.” They said Combs and his legal team “have full confidence in the facts, their legal defenses, and the integrity of the judicial process.”
Combs “has never sexually assaulted anyone — adult or minor, man or woman,” they added.
One of the lawsuits filed Sunday alleges that a 13-year-old girl who was invited to a party by a limousine driver after the Video Music Awards in Manhattan in September 2000 was raped by a “male celebrity” and then by Combs as individuals identified only as “Celebrity A,” a male, and “Celebrity B,” a female, watched.
Another lawsuit alleged that Combs sexually assaulted a 17-year-old male at a Manhattan hotel penthouse party in 2022.
In the lawsuits, it was alleged that the plaintiffs believed they had been fed drinks laced with drugs before they were assaulted.
Meanwhile, lawyers for Combs on Monday told the 2nd Circuit in a filing that he’ll renew his bail application before the lower court based on “significant changed circumstances.” They said the issues include “constitutional concerns stemming from his conditions of confinement and evidence contained in recently produced discovery.”
In a filing last week, prosecutors told the appeals court that judges denied bail after evidence showed Combs “used methodical and sophisticated means to silence and intimidate witnesses throughout the racketeering conspiracy and during the Government’s investigation.”
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Kenya’s deputy president pleads not guilty in impeachment process
Headline Legal News |
2024/10/21 19:21
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Kenya’s deputy president, who faces impeachment, pleaded not guilty in a senate hearing Wednesday to all allegations including corruption, inciting ethnic divisions and support for anti-government protests that saw demonstrators storm the country’s parliament.
Deputy President Rigathi Gachagua, who has called the allegations politically motivated, could be the first sitting deputy president impeached in Kenya.
The case highlights the friction between him and President William Ruto — something that Ruto once vowed to avoid after his past troubled relationship as deputy to Kenya’s previous president, Uhuru Kenyatta.
Gachagua has said he believes the impeachment process has Ruto’s blessing, and has asked legislators to make their decision “without intimidation and coercion.”
The tensions risk introducing more uncertainty for investors and others in East Africa’s commercial hub. Court rulings this week allowed the parliament and senate to proceed with the impeachment debate, despite concerns over irregularities raised by the deputy president’s lawyers.
The impeachment motion was approved in parliament last week and forwarded to the senate. Gachagua’s legal team will have Wednesday and Thursday to cross-examine witnesses, and the senate will vote Thursday evening.
Under the Kenyan Constitution, the removal from office is automatic if approved by both chambers, though Gachagua can challenge the action in court — something he has said he would do.
Kenya’s president has yet to publicly comment on the impeachment process. Early in his presidency, he said he wouldn’t publicly humiliate his deputy.
Ruto, who came to office claiming to represent Kenya’s poorest citizens, has faced widespread criticism for his efforts to raise taxes in an effort to find ways to pay off foreign creditors. But the public opposition led him to shake up his cabinet and back off certain proposals.
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Texas Supreme Court halts execution of man in shaken baby case
Legal Topics |
2024/10/18 16:05
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The Texas Supreme Court halted Thursday night’s scheduled execution of a man who would have become the first person in the U.S. put to death for a murder conviction tied to a diagnosis of shaken baby syndrome.
The late-night ruling to spare for now the life of Robert Roberson, who was convicted of killing his 2-year-old daughter in 2002, capped a flurry of last-ditch legal challenges and weeks of public pressure from both Republican and Democratic lawmakers who say he is innocent and was sent to death row based on flawed science.
In the hours leading up to the ruling, Roberson had been confined to a prison holding cell a few feet from America’s busiest death chamber at the Walls Unit in Hunstville, waiting for certainty over whether he would be taken to die by lethal injection.
“He was shocked, to say the least,” said Texas Department of Criminal Justice spokesperson Amanda Hernandez, who spoke with Roberson after the court stayed his execution. “He praised God and he thanked his supporters. And that’s pretty much what he had to say.”
She said Roberson would be returned to the Polunsky Unit, about 45 miles (72 kilometers) to the east, where the state’s male death row is located.
Roberson, 57, was convicted of killing of his daughter, Nikki Curtis, in the East Texas city of Palestine. His lawyers and some medical experts say his daughter died not from abuse but from complications related to pneumonia. |
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South Korean court acquits former police chief over deadly crowd crush
Attorney News |
2024/10/17 13:23
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A South Korean court found the former police chief of the country’s capital and two other officers not guilty over a botched response to a Halloween crowd crush that killed nearly 160 people in 2022.
The verdict by the Seoul Western District Court drew angry responses from grieving relatives and their advocates, who accused the court of refusing to hold high-level officials accountable for an incident that was largely blamed on a lack of disaster planning and an inadequate emergency response.
Kim Kwang-ho, former chief of the Seoul Metropolitan Police Agency, was the most senior police officer among more than 20 police and government officials indicted over the crush in Itaewon, a popular nightlife district in Seoul. Prosecutors had sought a five-year prison term for Kim.
An investigation led by the National Police Agency found that police and local officials failed to plan effective crowd control measures even though they expected more than 100,000 people to gather for Halloween events in Itaewon.
The investigators found that Seoul police assigned just 137 officers to Itaewon on the day of the crush. Police also ignored hotline calls placed by pedestrians who warned of swelling crowds before the surge turned deadly. Once people began getting crushed in an alley near Hamilton Hotel, police failed to establish control over the site and allow paramedics to reach the injured in time.
Some experts have called the crush a “manmade disaster” that could have been prevented with relatively simple steps like employing more police and public workers to monitor bottleneck points, enforcing one-way walking lanes, and blocking narrow pathways.
The Seoul court acquitted Kim of professional negligence, saying that prosecutors failed to prove that he had violated his duties or to establish a connection between his conduct and the high toll of deaths and injuries. The court also acquitted two lower-ranking police officers who faced similar charges.
The court stated that while Kim received status updates from various departments in his agency and the Yongsan police station about the situation in Itaewon before the crush on Oct. 29, 2022, this information would not have been sufficient for him to recognize the possibility of an incident of such magnitude.
The court also noted that Kim had instructed various police stations in Seoul, including Yongsan, to establish plans to maintain safety during Halloween celebrations.
“Based solely on evidence submitted by prosecutors, it’s insufficient to conclude that the defendants’ professional negligence and its relationship to the occurrence or escalation of this incident are fully established beyond reasonable doubt,” the court said in a statement. Relatives of the victims embraced and cried outside the court after the verdict was announced.
“This court just granted immunity to the police for whenever these kinds of incidents happen again!” one of them shouted. Others scuffled with security as they tried to approach Kim’s car as he left the court.
Itaewon Disaster Bereaved Families, a group representing the victims, said the ruling was “dishonest” and “impossible to understand” and called for prosecutors to appeal.
“We strongly condemn that the main officials of the Seoul Metropolitan Police Agency, who ignored their duties for prevention, preparation and response despite anticipating that a large crowd would develop, and who have been denying their responsibility until now, are being given a free pass,” the group said.
The same court last month sentenced the former chief of Yongsan police station, Lee Im-jae, to three years in prison and convicted two of his colleagues of professional negligence resulting in death, citing their failure to properly prepare for the crowd and respond to the crush.
The court acquitted Park Hee-young, head of the Yongsan ward office, and three other ward officials, saying that they had no legal authority to control or break up crowds.
Lee and another Yongsan police official who received a one-year sentence appealed the ruling earlier this month. The other police official had received a suspended sentence.
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Sean ‘Diddy’ Combs to stay in jail while appeals court takes up bail fight
Court Watch |
2024/10/15 20:23
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A federal appeals court judge has ruled to keep Sean “Diddy” Combs locked up while he makes a third bid for bail in his sex trafficking case, which is slated to go to trial in May.
In a decision filed Friday, Circuit Judge William J. Nardini denied the hip-hop mogul’s immediate release from jail while a three-judge panel weighs his bail request.
Combs’ lawyers appealed to the 2nd U.S. Circuit Court of Appeals on Sept. 30 after two judges rejected his release.
Combs, 54, has been held at a federal jail in Brooklyn since his Sept. 16 arrest on charges that he used his “power and prestige” as a music star to induce female victims into drugged-up, elaborately produced sexual performances with male sex workers in events dubbed “Freak Offs.”
Combs has pleaded not guilty to racketeering conspiracy and sex trafficking charges alleging he coerced and abused women for years with help from a network of associates and employees while silencing victims through blackmail and violence, including kidnapping, arson and physical beatings.
At a bail hearing three weeks ago, a judge rejected the defense’s $50 million bail proposal that would’ve allowed the “I’ll Be Missing You” singer to be placed under house arrest at his Florida mansion with GPS monitoring and strict limits on visitors.
Judge Andrew L. Carter Jr., who has since recused himself from the case, said that prosecutors had presented “clear and convincing evidence” that Combs is a danger to the community. He said “no condition or set of conditions” could guard against the risk of Combs obstructing the investigation or threatening or harming witnesses.
In their appeal, Combs’ lawyers argued that the judge had “endorsed the government’s exaggerated rhetoric” and ordered Combs detained for “purely speculative reasons.”
“Indeed, hardly a risk of flight, he is a 54-year-old father of seven, a U.S. citizen, an extraordinarily successful artist, businessman, and philanthropist, and one of the most recognizable people on earth,” the lawyers wrote.
Combs’ lawyers have not asked the new trial judge, Arun Subramanian, to consider releasing him on bail. At a hearing Thursday, as Combs sat alongside his lawyers in a beige jail jumpsuit, Subramanian suggested he would at least be open to taking up the issue.
After setting a May 5 trial date, Subramanian briefly questioned Combs’ lawyers about his treatment at the Metropolitan Detention Center, which has been plagued by violence and dysfunction for years.
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