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Appeals court: Week of early voting shouldn't return to Ohio
Court Watch | 2016/08/24 09:40
A federal appeals court on Tuesday upheld an Ohio law that trims a week of early voting in the swing state, reversing a judge's decision that had restored the time.

Democrats had challenged a series of Republican-backed voting changes they claimed disproportionately burdened black voters and those who lean Democratic. Among the policies was the elimination of early voting days in which Ohioans could also register to vote, a period known as golden week.

The state's attorneys argued that scrapping the days helped alleviate administrative burdens for local elections officials while reducing costs and the potential of fraud. But plaintiffs, who include the state's Democratic Party, said the burden on voters outweighed any benefit to the state.

In a 2-1 decision, a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati ruled the golden-week cut still allows for "abundant" opportunities to vote within a 29-day window. Prior to the law, Ohioans had a 35-day period.



Court considers Kansas rule that voters prove citizenship
Attorney News | 2016/08/22 09:40
A federal appeals court will decide whether Kansas has the right to ask people who register to vote when they get their driver's licenses for proof that they're citizens, a decision which could affect whether thousands have their ballots counted in November's election.

Three judges from the 10th Circuit Court of Appeals heard arguments in the case Tuesday from Kansas Secretary of State Kris Kobach and the American Civil Liberties Union but didn't indicate how soon they could rule.

Kansas wants the court to overturn a ruling by a federal judge in May that temporarily blocked the state from disenfranchising people who registered at motor vehicle offices but didn't provide documents such as birth certificates or naturalization papers. That was about 18,000 people at the time. If the order is allowed to stand, the state says up to an estimated 50,000 people who haven't proven they're citizens could have their votes counted in the fall.

Since 1993, states have had to allow people to register to vote when they apply for or renew their driver's licenses. The so-called motor-voter law says that people can only be asked for "minimal information" when registering to vote, allowing them to simply affirm they are citizens.

The ACLU claims the law intended to increase registration doesn't allow states to ask applicants for extra documents. It also says that motor vehicle clerks don't tell people renewing existing licenses that they need to provide the documents, leaving them under the mistaken impression that their registration is complete when they leave the office.



2 teens killed in Atlanta suburb: Man accused due in court
Court Watch | 2016/08/19 10:27
A man accused of killing two teenagers near Atlanta is set to appear in court for a preliminary hearing.

Jeffrey Hazelwood is scheduled to appear Friday morning in Fulton County Magistrate Court.

The 20-year-old is charged with murder and theft in the killings of Carter Davis and Natalie Henderson in Roswell. The 17-year-olds were shot in the head. An autopsy report says their bodies were found behind a grocery store and had been placed in distinct poses.

Police have declined to discuss a possible motive for the slayings, or whether Hazelwood knew the teens.

Hazelwood's attorney, Lawrence Zimmerman, has said he'll provide a vigorous defense.

Henderson and Davis, who used to live in Rapid City, South Dakota, would have been seniors this year at their Georgia high schools.



Polish prosecutors investigate court head for abuse of power
Opinions | 2016/08/19 10:27
Polish prosecutors have opened an investigation into the head of the country's Constitutional Tribunal to determine if he abused his power in not allowing judges appointed by the ruling party to take part in rulings.
 
The investigation into Andrzej Rzeplinski, which opened Thursday, is the latest development in an ongoing conflict between the Polish government and the constitutional court, whose role is similar to the U.S. Supreme Court.

The government's conflict with the court has raised international concerns about the state of democracy in Poland, and the political opposition and other critics have slammed the investigation into Rzeplinski as an attack on the separation of powers.

Amid the conflict, Rzeplinski has emerged as one of the key symbols of resistance against the right-wing government, which has moved to centralize power since winning elections last year. The investigation is seen by many as an attempt to discredit him since he enjoys, at least for now, immunity from prosecution. His term as head of the court also expires in December.



'Whitey' Bulger asks US Supreme Court to hear his appeal
Court Watch | 2016/08/18 10:27
James "Whitey" Bulger has asked the U.S. Supreme Court to hear his appeal of his racketeering convictions for playing a role in 11 murders and committing a litany of other crimes.

It is unclear if the high court will take up the Boston gangster's case. The court generally agrees to hear only a small percentage of the thousands of cases it's asked to review each year. The 1st U.S. Circuit Court of Appeals upheld Bulger's 2013 convictions in March.

A three-judge panel of the court found that Bulger had not shown that his right to a fair trial was violated when a judge barred him from testifying about his claim that a now-deceased federal prosecutor granted him immunity. The trial judge said Bulger had not offered any hard evidence that such an agreement existed.

Bulger, now 86, led a notoriously violent gang from the 1970s through the early 1990s. He fled Boston in 1994 after an FBI agent tipped him that he was about to be indicted. Bulger remained a fugitive until 2011, when he was captured in Santa Monica, California. He is now serving a life sentence.



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