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Ohio appeals to Supreme Court on early voting
U.S. Legal News |
2012/10/10 20:52
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Ohio's election chief on Tuesday appealed a ruling that reinstates the final three early voting days in the battleground state, calling a decision last week by a federal appeals court "an unprecedented intrusion" into how states run elections.
Secretary of State Jon Husted asked the U.S. Supreme Court to decide whether the state Legislature or federal courts should set Ohio election laws.
Husted, a Republican, also asked the court to delay the lower court's decision while the Supreme Court decides whether to take the case.
Husted said Friday's decision by the 6th U.S. Circuit Court of Appeals would affect how elections are run in all 50 states. The appeals court in Cincinnati affirmed a lower court ruling and returned discretion to set hours on the final three days to local boards of elections.
"This ruling not only doesn't make legal sense, it doesn't make practical sense," Husted, a Republican, said in a statement.
He said it opened up the chance for Ohio's 88 county boards of elections to set different rules, while at the same time ordering that all voters be treated the same. Husted said he will be consulting with those boards to craft a directive that sets uniform hours on the three disputed days in the event his appeal isn't successful. |
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Ex-NFL WR Hurd pleads not guilty to new charges
Criminal Law Updates |
2012/10/08 22:56
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Former NFL receiver Sam Hurd pleaded not guilty Wednesday to a new indictment accusing him of trying to obtain cocaine and marijuana while he was out on bond awaiting trial on charges of trying to start a drug ring in the Chicago area.
The indictment filed last month is based on allegations that Hurd asked a cousin, Jesse Tyrone Chavful, to buy drugs. Chavful signed a guilty plea agreement Monday to one count of conspiracy to possess five or more kilograms of cocaine — documents in which Chavful said Hurd contacted him at his T-shirt shop in San Antonio and asked to "get him cocaine and marijuana."
According to the documents, Chavful said he set up a deal to purchase the drugs but was arrested.
Hurd's attorney, Jay Ethington, has said Chavful is lying, but Chavful's attorney, Laura Harper, said her client simply wanted to come clean.
Hurd entered his plea in federal court in Dallas, appearing in an orange jail uniform and standing next to Ethington. He's been in custody since August after failing two drug tests and the Chavful allegations surfaced. |
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Illegal immigrant in Fla. fights for law license
U.S. Legal News |
2012/10/05 22:56
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A Florida man's bid to become the first illegal immigrant to obtain a law license in the United States met skepticism Tuesday from most of the state's Supreme Court justices.
Jose Godinez-Samperio came to the U.S. with his parents on visitors' visas when he was 9 years old, but the family never returned to Mexico. He graduated from New College in Florida, earned a law degree from Florida State University and passed the state bar exam last year.
"He's somebody who has done everything he's supposed to do. He complied with every rule," Godinez-Samperio's attorney and former American Bar Association president Talbot "Sandy" D'Alemberte, said after the hearing.
Godinez-Samperio's case is one of a few across the country. Illegal immigrants in New York and California also want to practice law there.
The Board of Bar Examiners in Florida found no reason to deny the 25-year-old Godinez-Samperio a license but asked the state's high court for guidance, said the board's lawyer, Robert Blythe. |
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Federal court upholds Texas open meetings law
U.S. Legal News |
2012/09/29 23:16
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A federal appeals court has upheld Texas' open meetings law as constitutional, rejecting a lawsuit that argued it stifled free speech for government officials.
The 1967 Texas Open Meetings Act prohibits a quorum of members of a governmental body from deliberating in secret. Violations are punishable by up to six months in jail and a $500 fine.
Officials from a group of 15 Texas cities, including Alpine, Arlington and Houston suburb Sugar Land, challenged the law in 2009. A U.S. district judge ruled against them, prompting an appeal the New Orleans-based 5th U.S. Circuit Court of Appeals.
A three-judge panel ruled Tuesday that the law promotes disclosure of speech and does not restrict it.
Texas Attorney General Greg Abbott called the decision a victory for open government. |
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High court uphold WV congressional districts
Law & Politics |
2012/09/27 23:16
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The Supreme Court on Tuesday upheld West Virginia's congressional redistricting plan against a challenge that small population variations among its three congressional districts violate the Constitution.
The justices, in an unsigned opinion, reversed a lower federal court ruling that struck down the plan because of the population differences.
The high court said the West Virginia plan easily passes muster and said the population variations are too small to trigger constitutional concerns about the principle of one person, one vote. In addition, the court said the plan adopted by the West Virginia legislature served other legitimate goals, including keeping counties intact and not pitting incumbents against each other.
"It is clear that West Virginia has carried its burden," the high court said.
The justices had previously blocked the ruling to allow the state to conduct elections under the map approved by state lawmakers.
The lower court still can consider challenges to the plan under the state Constitution.
Both the state House and Senate passed the map with bipartisan and nearly unanimous margins. The difference between the smallest and largest districts was about 4,900 people.
The Jefferson County Commission, encompassing Charles Town and Harpers Ferry, challenged the redrawing, which moved one county from one congressional district to another. |
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MacDonald goes to court in 'Fatal Vision' case
Court Feed News |
2012/09/22 23:16
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Jeffrey MacDonald, a clean-cut Green Beret and doctor convicted of killing of his pregnant wife and their two daughters, is getting another chance to try proving his innocence — more than four decades after the nation was gripped by his tales of Charles Manson-like hippies doped up on acid slaughtering his family.
The case now hinges on something that wasn't available when he was first put on trial: DNA evidence. A federal judge planned to hold a hearing Monday to consider new DNA evidence and witness testimony that MacDonald and his supporters say will finally clear him of a crime that became the basis of Joe McGinniss' best-selling book "Fatal Vision" and a made-for-TV drama.
It's the latest twist in a case that has been the subject of military and civilian courts, intense legal wrangling and shifting alliances. |
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