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Maryland’s highest court reviewing teen sniper’s life term
Legal News |
2021/08/30 01:15
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Maryland’s highest court has agreed to take up the case of Lee Boyd Malvo, who is serving life in prison for his role in the 2002 sniper spree that terrorized the Washington, D.C., region.
Malvo’s lawyers argue that his punishment goes against a 2012 Supreme Court ruling barring mandatory life sentences without parole for juvenile offenders and Malvo should benefit from Maryland’s new law enabling prisoners convicted as juveniles to seek release once they’ve served at least 20 years.
The state Court of Appeals granted a “bypass” review in Malvo’s case and that of two others serving life sentences for crimes committed as youths, news outlets report. The order issued Wednesday scheduled oral arguments to begin in January.
Malvo was 17 when he and John Allen Muhammad embarked on a killing spree that left 10 people dead and three wounded in Maryland, Virginia and the District of Columbia. Others were killed as the pair made their way to the D.C. region from Washington state. Muhammad was executed in 2009.
Malvo has claimed that the six life-without-parole terms he received in Maryland are illegal in light of U.S. Supreme Court decisions saying mandatory life-without-parole sentences are unconstitutional for juveniles except in rare cases.
His case may have new standing after Maryland’s General Assembly abolished life without parole for youths, overriding a veto by Gov. Larry Hogan. Virginia passed similar legislation last year. That change prompted Malvo to drop a legal appeal that had gone to the Supreme Court to determine if his life sentence should be rescinded.
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Idaho Supreme Court overturns tougher ballot initiative law
Legal News |
2021/08/26 01:51
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The Idaho Supreme Court has rejected a new law designed to make it harder for voters to get initiatives on the ballot, saying the legislation was so restrictive that it violated a fundamental right under the state’s constitution.
The ruling issued Monday was a win for Reclaim Idaho, a group that successfully sponsored a Medicaid expansion initiative three years ago and that is now working to qualify an initiative for the ballot that aims to increase public education funding.
Idaho Speaker of the House Scott Bedke said in a prepared statement that members of the House Republican Caucus were disappointed by the ruling. He said the law would have increased voter involvement, “especially in the corners of the state too often forgotten by some.”
Reclaim Idaho co-founder Luke Mayville said the ruling means thousands of Idaho residents are “breathing sighs of relief.”
“Nearly every time in our history that our legislature attempted to eliminate the initiative process, either the governor or the courts stepped up to protect the rights of the people. Today’s decision adds a new chapter to that history, and future generations of Idahoans will look back on the court’s decision with gratitude,” Mayville said in a prepared statement.
The high court’s opinion written by Justice Gregory Moeller was unanimous in its main conclusion — that the law should be overturned — though two of the justices said they would have gotten at the same conclusion in slightly different ways.
“The ability of the legislature to make laws related to a fundamental right arises from the reality that, in an ordered society, few rights are absolute,” Moeller wrote. “However, the legislature’s duty to give effect to the people’s rights is not a free pass to override constitutional constraints and legislate a right into non-existence, even if the legislature believes doing so is in the people’s best interest.”
The case pitted the rights of voters to enact and repeal laws against the power of the state Legislature to shape how ballot initiative efforts are carried out. The new law, which passed earlier this year, required signature-gatherers to get 6% of registered voters in each of Idaho’s 35 legislative districts within a short time span. Opponents said it made Idaho’s initiative process the toughest in the nation, rendering such efforts virtually impossible to achieve. But supporters said the law would protect people with less popular political opinions from being overrun by the majority.
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US moves to cut backlog of asylum cases at US-Mexico border
Legal News |
2021/08/20 00:52
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The Biden administration on Wednesday proposed changing how asylum claims are handled, aiming to reduce a huge backlog of cases from the U.S.-Mexico border that has left people waiting years to find out whether they will be allowed to stay in America.
Under the proposal, routine asylum cases no longer would automatically be referred to the overwhelmed immigration court system managed by the Justice Department but would be overseen by asylum officers from U.S. Citizenship and Immigration Services, part of Homeland Security Department.
Advocates for the change see it as a way to help those with legitimate claims for protection while allowing officials to more quickly deal with people who do not qualify for asylum or are taking advantage of the long delay to stay in the United States.
“Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,” Homeland Security Secretary Alejandro Mayorkas said.
The proposal must go through a public comment period before it can be adopted as a new policy.
The immigration court system has an all-time high backlog of about 1.3 million cases. The Trump administration tried to deal with the issue in part by imposing stricter criteria for asylum and forcing people to seek protection in Mexico and Central America. President Joe Biden’s proposal would streamline the system.
The reason for the change is that more people have been seeking asylum under U.S. law, particularly at the U.S.-Mexico border in recent years.
As the system works now, people who present themselves at the border or are apprehended by the Border Patrol and identify themselves as asylum-seekers must pass what is known as a “credible fear” interview. A USCIS asylum officer determines whether they meet the criteria of someone facing persecution in their homeland because of race, religion, nationality, membership in a particular social group or political opinion.
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Federal judge leaves CDC evictions moratorium in place
Legal News |
2021/08/16 00:41
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A federal judge is refusing landlords’ request to put the Biden administration’s new eviction moratorium on hold, though she made clear she thinks it’s illegal.
U.S. District Judge Dabney Friedrich on Friday said her “hands are tied” by an appellate ruling the last time courts considered the evictions moratorium in the spring.
Alabama landlords who are challenging the moratorium are likely to appeal.
Friedrich wrote that the new temporary ban on evictions the Centers for Disease Control and Prevention imposed last week is substantially similar to the version she ruled was illegal in May. At the time, Freidrich put her ruling on hold to allow the administration to appeal.
This time, she said, she is bound to follow a ruling from the appeals court that sits above her, the U.S. Court of Appeals for the District of Columbia Circuit.
If the D.C. Circuit doesn’t give the landlords what they want, they are expected to seek Supreme Court involvement.
In late June, the high court refused by a 5-4 vote to allow evictions to resume. Justice Brett Kavanaugh, part of the slim majority, said he agreed with Friedrich, but was voting to keep the moratorium in place because it was set to expire at the end of July.
Kavanaugh said then that he would reject any additional extension without clear authorization from Congress, which has not been able to take action.
In discussing the new moratorium last week, President Joe Biden acknowledged there were questions about its legality, but said a court fight over the new CDC order would buy time for the distribution of some of the $45 billion in rental assistance that has been approved but not yet used.
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Tips on a Great Law Firm Homepage
Legal News |
2021/08/10 03:50
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Here at Law Promo, we understand the importance of a great first impression especially when it comes to law firm web design.
Your website only has a few seconds to show a visitor it is worth their time to find out whether you can help them. Law Promo’s state-of-the-art web development principles are proven to capture the viewer’s attention. From our years of dedication to serving law firms, we know the factors that motivate visitors to establish a point of contact.
Since 2004, over 3,000 lawyers have made Law Promo the sole solution to their web design and online marketing needs.
Read more |
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40-year sentence upheld for man who killed his roommate
Legal News |
2021/07/25 00:30
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Maine’s supreme court has upheld a 40-year prison sentence imposed on a man who killed his roommate in Old Orchard Beach.
Dustan Bentley pleaded guilty to murder in the death of 65-year-old William Popplewell, who was beaten, stabbed, and strangled with a ligature.
Police arrested Bentley as he was attempting to use a ratchet and strap to pull the body into the trunk of his car, which was lined with a shower curtain. An autopsy revealed the victim suffered multiple broken bones and had been stabbed up to 30 times.
The Maine Supreme Judicial Court unanimously ruled that there was nothing in the record to indicate that the judge made a mistake.
“At no point did the court depart from sentencing principles or abuse its discretion in coming to or issuing its sentence,” the court said.
Bentley and Popplewell met at a Portland homeless shelter, and Bentley later moved into Popplewell’s apartment in Old Orchard Beach in December 2018. Popplewell was killed in March 2019.
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Bankruptcy proceedings can have long-term benefits
Legal News |
2021/07/22 09:19
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Chicago Bankruptcy Law Firm Covers Bankruptcy in the Wake of COVID-19
The COVID-19 pandemic has damaged the economy, leaving many families and business owners worried about how they will pay for even the most basic expenses. In the midst of this crisis, you might be considering filing for bankruptcy or wondering how COVID-19 will affect an existing bankruptcy filing.
No matter your situation, the Chicago Bankruptcy Law Firm of Daniel J. Winter is here to help give you the answers and assistance that you need. We are more than happy to explain to anyone in financial distress exactly what their options are.
What Is Bankruptcy?
Bankruptcy is a Federal system of laws, rules, and procedures designed to help legal residents of the U.S. deal with their debts, which, for whatever reason, individuals or businesses cannot pay as they are due. The most common types of Bankruptcy are for people (called Consumer Bankruptcies).
Two major types of Consumer Bankruptcy are Chapter 7 (liquidation or debt elimination), Chapter 13 (wage-earner reorganization for individuals or people running unincorporated businesses).
Chapter 11 is a type of Corporate Bankruptcy (reorganization for businesses and certain individuals with extremely large amounts of debt). Chapter number refers to the section of the Bankruptcy law, called the Bankruptcy Code (which is in Title 11 of the U.S. Code).
Bankruptcy cases almost exclusively fall under federal law, though states may pass laws governing issues that federal law doesn’t address. Special bankruptcy courts nationwide handle only debtor-creditor cases. Generally, any bankruptcy-related claim must be filed with the U.S. Bankruptcy Court.
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