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Appeals court reinstates Texas voter ID law
Headline Legal News |
2014/10/20 19:53
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A federal appeals court on Tuesday temporarily reinstated Texas' tough voter ID law, which the U.S. Justice Department had condemned as the state's latest means of suppressing minority voter turnout.
The ruling by a three-judge panel of the New Orleans-based 5th Circuit Court of Appeals allows the law to be used in the November election, despite a lower judge's ruling that the law is unconstitutional. The 5th Circuit did not rule on the law's merits; instead, it determined it's too late to change the rules for the election.
The judge said the Supreme Court has repeatedly told courts to be cautious about late-hour interruptions of elections. Early voting starts Oct. 20.
"It will be extremely difficult, if not impossible, for the state to adequately train its 25,000 polling workers at 8,000 polling places" in time for the start of early voting, the appeals court wrote.
While some voters may be harmed, the greater harm would come in potentially disrupting an election statewide, the court said. |
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Writers object after UK court bans abuse memoir
Legal Topics |
2014/10/20 19:52
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Prominent writers say free speech is under threat after a British court halted publication of a celebrity's memoir of child abuse because his ex-wife argued that it would harm their son.
Three appeals court judges last week temporarily stopped publication of the book, which has already been printed and was due to be published this fall.
They described the author as a "talented young performing artist" whose ex-wife lives abroad with their son.
She argued the book would cause "psychological harm" to the boy, who has Asperger's syndrome and other disabilities.
The judges granted an injunction stopping publication of key sections of the book pending a full trial.
On Friday writers including Tom Stoppard, David Hare and Stephen Fry called the ruling "a significant threat to freedom of expression." |
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Case of American jailed in Cuba back in US court
Legal Topics |
2014/09/29 23:50
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A government subcontractor who has spent over four years imprisoned in Cuba should be allowed to sue the U.S. government over lost wages and legal fees, his attorney told an appeals court Friday.
Alan Gross was working in Cuba as a government subcontractor when he was arrested in 2009. He has since lost income and racked up legal fees, his attorney Barry Buchman told the three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit. A lawyer for the government argued the claims are based on his detention in Cuba, making him ineligible to sue.
The panel is expected to issue a written ruling on the case at a later date.
A lower-court judge previously threw out Gross' lawsuit against the government in 2013, saying federal law bars lawsuits against the government based on injuries suffered in foreign countries. Gross' lawyers appealed.
Gross was detained in December 2009 while working to set up Internet access as a subcontractor for the U.S. government's U.S. Agency for International Development, which does work promoting democracy in the communist country. It was his fifth trip to Cuba to work with Jewish communities on setting up Internet access that bypassed local censorship. Cuba considers USAID's programs illegal attempts by the U.S. to undermine its government, and Gross was tried and sentenced to 15 years in prison. |
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Court-martial for Missouri drill sergeant resumes
Legal Topics |
2014/09/29 23:50
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The military court-martial of a Missouri sergeant accused of sexually assaulting eight female soldiers has resumed.
A verdict is expected Wednesday after a three-day trial for 30-year-old Army Staff Sgt. Angel M. Sanchez, who is accused of using his supervisory position with the 14th Military Police Brigade to threaten some of the women he was tasked with training.
Sanchez pleaded guilty to three charges at the outset of the military judicial hearing. His accusers said the incidents took place in the bathroom of the female barracks as well as in an office shared by drill sergeants.
Most of the allegations involved women at Fort Leonard Wood in Missouri, but some involved women in Afghanistan and Fort Richardson, Alaska. |
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Court reverses woman's conviction in child's death
Areas of Focus |
2014/09/22 23:52
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A state appeals court Wednesday overturned the conviction of a South Texas woman imprisoned for capital murder in the 2006 salt poisoning death of her 4-year-old foster son.
The Texas Court of Criminal Appeals granted a new trial for Hannah Overton of Corpus Christi. She was sentenced to life in prison without parole in the death of Andrew Burd.
Overton has argued she had ineffective counsel during her 2007 trial, and the state's highest appeals court agreed.
The court in its ruling noted Overton's defense attorneys opted not to present the testimony of an expert medical witness. The court said it "was not a reasonable decision" to withhold testimony by the physician that could have benefited Overton.
She also argued that prosecutors had withheld evidence in her trial, but the appeals court did not address that claim.
Overton contended Andrew had emotional and medical problems, including an eating disorder in which he'd consume odd food items. The boy had elevated sodium levels when he died at a Corpus Christi hospital. Tests also showed he had bleeding on the brain and swelling. A doctor who examined the child testified at Overton's trial that he could have survived if taken to the hospital earlier. |
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Case of American jailed in Cuba back in US court
Legal Topics |
2014/09/22 23:52
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An attorney for a Maryland man who has spent over four years jailed in Cuba argued before a federal appeals court that his client should be allowed to sue the U.S. government over his imprisonment.
An attorney for Alan Gross, who was a government subcontractor when he was detained in Cuba in 2009, appeared Friday before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.
A lower court judge dismissed Gross' lawsuit against the government in 2013, but Gross' lawyers appealed.
Gross was arrested while setting up Internet in Cuba as part of a project for the government's U.S. Agency for International Development. Cuba considers USAID's programs illegal attempts by the U.S. to undermine its government and Gross was given a 15-year prison sentence. |
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Court: IURC erred in approving Duke fee hike
Legal Topics |
2014/09/09 23:01
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The Indiana Court of Appeals has determined that state utility regulators wrongly approved $61 million in ratepayer fees for the Edwardsport coal gasification plant.
Duke Energy is seeking the money to cover construction costs for the new plant. But Appeals Court Judge James Kirsch wrote in an opinion issued Monday that members of the Indiana Utility Regulatory Commission should have better analyzed arguments from Duke Energy and plant opponents before approving the fee increase.
Duke officials have said a three-month delay led to increased project costs. But opponents led by the Citizens Action Coalition have argued that IURC regulators have been "rubber-stamping" fees and a rate hike sought by Duke.
The case is one of many surrounding the Edwardsport plant that is locked in battle inside the Indiana courts. |
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