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Supreme Court doesn’t wade into Texas mail-in voting battle
Court Center |
2020/06/27 02:41
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The U.S. Supreme Court on Friday rejected a request by Texas Democrats to allow all of the state’s 16 million registered voters to vote by mail during the coronavirus pandemic.
The denial is not the end of the ongoing battle over mail-in voting in Texas, but it remains a loss for Democrats who made the emergency ruling request while the original case is tied up at the 5th U.S. Circuit Court of Appeals.
Justice Sonia Sotomayor urged the lower court to consider the case “well in advance of the November election.” Voting by mail in Texas is generally limited to those 65 or older or those with a “sickness or physical condition” that prevents voting in person.
For months, Republican Texas Attorney General Ken Paxton has fought expanding mail-in balloting during the pandemic, saying fear of contracting the virus is an insufficient reason. A federal judge in Texas sided with Democrats in May, but that decision is on hold pending appeal.
Early voting in Texas begins Monday for primary runoff elections that had been postponed to July over coronavirus fears, but Texas is now one of the nation’s coronavirus hotspots as confirmed cases reach record levels and Gov. Greg Abbott reimposes restrictions.
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Top Manhattan prosecutor leaves job after standoff with Barr
Court Center |
2020/06/24 02:36
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An extraordinary standoff between the Justice Department and Manhattan U.S. Attorney Geoffrey S. Berman ended Saturday when the prosecutor agreed to leave his job with an assurance that his investigations into allies of President Donald Trump would not be disturbed.
The announcement capped two days of conflicting statements, allegations of political interference in prosecutions, and defiance from Berman. On Saturday, Attorney General William Barr said Berman’s refusal to resign under pressure prompted Trump to fire him. Trump tried to distance himself from the dispute, telling reporters the decision “was all up to the attorney general.”
This episode deepened tensions between the Justice Department and congressional Democrats, who have accused Barr of politicizing the agency and acting more like Trump’s personal lawyer than the country’s chief law enforcement officer. It also raised questions about ongoing investigations in the Southern District of New York, most notably a probe into Rudy Giuliani, the president’s personal attorney.
Barr set off the whirlwind chain of events on Friday night with a surprise announcement that Berman was resigning, without explanation. But Berman insisted he had not resigned, was not stepping down and his investigations would continue.
On Saturday morning, he showed up to work, telling reporters, “I’m just here to do my job.” Hours later, Barr announced Berman’s firing. “Unfortunately, with your statement of last night, you have chosen public spectacle over public service,” Barr wrote in a letter released by the Justice Department. He said the idea that Berman had to continue on the job to safeguard investigations was “false.”
Although Barr said Trump had removed Berman, the president told reporters: “That’s all up to the attorney general. Attorney General Barr is working on that. That’s his department, not my department.” Trump added: “I wasn’t involved.”
The administration’s push to cast aside Berman amounted to a political and constitutional clash between the Justice Department and one of the nation’s top districts, which has tried major mob, financial crimes and terrorism cases over the years.
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Court to weigh state’s request to close Carlisle auto show
Court Center |
2020/06/23 02:39
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The state Health Department’s effort to shut down a large auto show in central Pennsylvania over claims it represents a risk to the public will be the subject of an emergency hearing, a state court said late Wednesday.
The order from Commonwealth Court scheduled a Thursday morning hearing at the judicial center in Harrisburg, with social distancing rules because of the pandemic.
The unsigned order also declined to immediately shut down Spring Carlisle over the state’s claim the event runs afoul of a 250-person limit for gatherings in Cumberland County.
Attendees streamed into the fairgrounds Wednesday, the first day of the event put on by defendant Carlisle Productions Inc., also known as Carlisle Events. It is scheduled to run through Saturday.
Business closures and social distancing have saved lives, lawyers for the Health Department said.
“When individuals choose to ignore those safeguards ? such as by holding an event anticipating 100,000 attendees ? they put the lives of Pennsylvanians at risk and threaten to reverse the significant progress that has been made to resolve this crisis. That dangerous conduct must be stopped before it can occur,” they told the court.
Carlisle Events has held the spring auto show at the Carlisle Fairgrounds since 1976. It typically draws about 100,000 people, although organizers say they expect a smaller crowd for this year’s event. |
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New Mexico high court rules on privacy for banking records
Legal Watch |
2020/06/20 17:27
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Prosecutors can obtain a person’s banking records using a warrantless grand jury subpoena without violating the individual’s right to privacy under New Mexico’s Constitution, the state Supreme Court has ruled.
In a unanimous decision Thursday, the justices concluded that a district court properly allowed the use of five years of personal financial records as evidence in a pending criminal case against a Taos couple facing charges of tax evasion and other finance-related offenses.
The high court rejected the married couple’s argument that the state’s Constitution provided greater privacy protections for their financial records than offered under the U.S. Constitution’s Fourth Amendment, which prohibits unreasonable searches and seizures. The couple contended that a court-authorized warrant should have been required to obtain bank records.
The justices adhered to a decadesold legal doctrine established by the U.S. Supreme Court that people have no constitutionally protected privacy interest in the financial account records they voluntarily share with third parties. |
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Court rejects Trump bid to end young immigrants’ protections
Court Center |
2020/06/18 00:25
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The Supreme Court on Thursday rejected President Donald Trump’s effort to end legal protections for 650,000 young immigrants, the second stunning election-season rebuke from the court in a week after its ruling that it’s illegal to fire people because they’re gay or transgender.
Immigrants who are part of the 8-year-old Deferred Action for Childhood Arrivals Program will retain their protection from deportation and their authorization to work in the United States ? safe almost certainly at least through the November election, immigration experts said.
The 5-4 outcome, in which Chief Justice John Roberts and the four liberal justices were in the majority, seems certain to elevate the issue in Trump’s campaign, given the anti-immigrant rhetoric of his first presidential run in 2016 and immigration restrictions his administration has imposed since then.
The justices said the administration did not take the proper steps to end DACA, rejecting arguments that the program is illegal and that courts have no role to play in reviewing the decision to end it. The program covers people who have been in the United States since they were children and are in the country illegally. In some cases, they have no memory of any home other than the U.S. |
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Tennessee Supreme Court delays second execution due to pandemic
Headline News |
2020/06/14 16:52
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The Tennessee Supreme Court on Friday issued a stay of execution for a second death row inmate because of the coronavirus pandemic. Byron Black's execution was scheduled for Oct. 8, but the court moved it to April 8, 2021.
Attorneys for the 64-year-old Black had said the pandemic made it impossible to have a hearing on whether Black is competent to be executed. They also wrote that the health crisis is interfering with his ability to prepare for a clemency request.
The court also extended until January Black's deadline for a petition alleging incompetence. The previous deadline was next month. "The stay will help protect guards, witnesses, attorneys representing the prisoners, attorneys for the State, and everyone else involved in these cases," said Kelley Henry, supervisory assistant federal public defender.
Henry said Black has mental defects and medical issues. "For the court to evaluate Mr. Black's competency, it would need to hear from mental health experts who are out of state and can't travel to Tennessee to examine Mr. Black in the prison at this time," Henry said. "The stay in Mr. Black's case was absolutely necessary."
Tennessee's attorney general opposed Black's motion to delay his execution. Attorney General Herbert Slatery wrote in Supreme Court filings that attorneys for Black and another inmate who sought a stay, Harold Nichols, were speculating about future public health conditions in their delay requests.
Black was convicted by a Nashville court of murdering his girlfriend Angela Clay and her daughters Latoya, 9, and Lakesha, 6, at their home in 1988. Prosecutors said he shot the three during a jealous rage. Black was on work release at the time for shooting and wounding Clay's estranged husband.
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UConn student fugitive in court on murder charge, police say
Legal Watch |
2020/06/12 23:53
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A University of Connecticut student, who police say used a machete to kill a man, fatally shot a high school acquaintance, and then spent six days as a fugitive, will be arraigned Friday on murder and other charges, authorities said.
Peter Manfredonia, 23, will be arraigned in Rockville Superior Court in the May 22 death of Ted DeMers in nearby Willington, Connecticut, Trooper Josue Dorelus said at a news briefing.
It was not clear whether Manfredonia has an attorney who could comment on his behalf about the charges. Manfredonia is accused of killing DeMers, 62, and seriously wounding another man in the machete attack.
Two days later, police say, Manfredonia stole a truck and guns and fatally shot high school acquaintance Nicholas Eisele, 23, in Derby, Connecticut. He is being held on a $5 million bond. He is charged with murder, criminal attempt to commit murder, assault, home invasion, kidnapping with a firearm, robbery, larceny, stealing a firearm and assault on an elderly person.
State police said further charges will be filed in Eisele's death and the kidnapping of Eisele's girlfriend, who was later found unharmed in New Jersey.
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