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Court considers Kansas rule that voters prove citizenship
Attorney News |
2016/08/22 09:40
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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.
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Appeals court rejects request to postpone voter ID decision
Attorney News |
2016/08/11 10:29
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An appeals court has quickly decided it won't delay enforcement of its ruling striking down North Carolina's photo identification requirement and other election restrictions, including reducing early in-person voting by seven days.
The 4th U.S. Circuit Court of Appeals denied the stay Thursday, one day after state leaders' attorneys requested that last week's ruling be set aside as they prepare to ask the U.S. Supreme Court to consider the case.
A 4th Circuit panel had determined a 2013 law Republicans approved amounted to intentional discrimination of black voters.
Thursday's order says the harm to disenfranchised voters outweighs granting a delay. Last week's injunction means no voter ID mandate and 17 days of early voting with same-day registration. The state has other options to seek a delay.
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Court Vacates $1.8M Ventura Award in 'American Sniper' Case
Attorney News |
2016/06/12 10:54
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A federal appeals court on Monday threw out a $1.8 million judgment awarded to former Minnesota Gov. Jesse Ventura, who says he was defamed in the late author Chris Kyle's bestselling book "American Sniper."
The 8th U.S. Circuit Court of Appeals rejected the jury's 2014 award of $500,000 for defamation and $1.3 million for unjust enrichment against Kyle's estate. Kyle, a former SEAL who was the deadliest sniper in U.S. military history with 160 confirmed kills, died in 2013.
The majority of the three-judge panel reversed the unjust-enrichment award, saying it fails as a matter of law. The majority also vacated the defamation award, but sent that portion of the case back to court for a new trial.
Messages left with Ventura's publicist and attorney were not immediately returned Monday. A message left with an attorney for Kyle's estate also did not immediately return a message seeking comment.
Kyle claimed in a subchapter called "Punching Out Scruff Face," to have decked a man, whom he later identified as Ventura, during a fallen SEAL's wake at a California bar in 2006. He wrote that "Scruff Face" had made offensive comments about the elite force, including a remark that the SEALs "deserve to lose a few" in Iraq.
Ventura, a former Underwater Demolition Teams/SEAL member and ex-pro wrestler, testified at trial that Kyle's story was a fabrication. Ventura said he never made the comments and that the altercation never happened. He said the book ruined his reputation in the tight-knit SEAL community.
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Maryland high court issues opinion in Gray case
Attorney News |
2016/05/21 22:56
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Maryland's highest court has released an opinion explaining its recent decision to force an officer charged in the death of Freddie Gray to testify against his colleagues.
The Maryland Court of Appeals issued its opinion Friday. Chief Judge Mary Ellen Barbara writes that compelling Officer William Porter to testify while he awaits retrial is not a violation of his Fifth Amendment right not to incriminate himself. The judge says there are ways to ensure that the testimony, which is protected by immunity, doesn't make it into his retrial. Porter's trial ended in a hung jury in December.
Gray died April 19, 2015, a week after his neck was broken in a police van. Six officers were charged in his death. One of them, Officer Edward Nero, is currently on trial. |
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Court in Russia-annexed Crimea bans Tatar assembly
Attorney News |
2016/05/02 14:53
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The Supreme Court in the Russia-annexed peninsula Crimea on Tuesday banned a Crimean Tatar group in the latest step to marginalize the minority.
Crimea's prosecutor Natalya Poklonskaya who personally lodged the lawsuit welcomed the ruling against the Mejlis, an assembly of Tatar community leaders.
"This decision aims to ensure stability, peace and order in the Russian Federation," she told Russian news agencies after the hearing.
Crimean Tatars, who suffered a mass deportation at the hands of Soviet authorities in 1944, seemed to be the only organized force within Crimea to oppose Russia's annexation of the Ukrainian peninsula in 2014. Tuesday's ban follows months of persecution, expulsions and jailing of prominent Tatar leaders as well as rank-and-file protesters.
Six people are now on trial in the city Simferopol on charges of rioting dating back to fist fights between rival rallies of a pro-Russian party and Crimean Tatars on Feb. 26, 2014 which preceded the hastily called referendum to secede from Ukraine. Not a single pro-Russian protester has faced charges.
Russia's Justice Ministry earlier this month ruled the Mejlis was an extremist group, paving the way for the outright ban of the group that represents up to 15 percent of the Crimean population.
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