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Trial court election changes considered by North Carolina House
Lawyer Interview |
2017/02/20 09:25
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Some Republicans are set on returning all North Carolina state judicial elections to being officially partisan races again.
A law quickly approved in December during a special election directed statewide races for Supreme Court and Court of Appeals to become partisan starting in 2018. Now the state House scheduled floor debate Wednesday on legislation extending that to local Superior Court and District Court seats next year, too.
Having partisan races means candidates run in party primaries to reach the general election. Unaffiliated candidates could still run but would have to collect signatures to qualify.
Judicial races shifted to nonpartisan elections starting in the mid-1990s in part as an effort to distance judicial candidates from politics. But Republicans today say party labels help give voters some information about the candidates.
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NC court blocks law stripping governor of election powers
Lawyer Interview |
2017/02/14 00:29
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North Carolina's Supreme Court on Monday again blocked a state law approved by Republicans that strips the new Democratic governor of powers to oversee elections.
A lower appeals court briefly let the law to take effect last week, allowing a revamped state elections board to meet for the first time Friday. It's one of the changes passed in late December that shift power over running elections away from Gov. Roy Cooper.
"We are pleased the Supreme Court has put the injunction back in place until the judges can hear and decide the full case" early next month, Cooper spokeswoman Noelle Talley wrote in an email.
The law ends the practice of allowing the governor's political party to hold majorities on all state and county elections boards. Instead of Democrats holding sway over running elections and resolving voting disputes, elections board positions would be evenly divided between major-party partisans.
Republicans would control elections during even-numbered years, when big races for president, legislature or other major statewide offices are held. The measure also merges the state ethics and elections boards into one.
Lawyers representing state House Speaker Tim Moore, R-Cleveland, and Senate leader Phil Berger, R-Rockingham, did not respond to emails seeking comment after the Supreme Court's decision.
Cooper, Moore and Berger are also fighting in court over another new law aiming to restrict the Democrat's ability to alter the state's recent conservative direction.
A panel of three state trial court judges is considering whether to continue blocking a law requiring Senate confirmation of Cooper's Cabinet secretaries.
The law requiring Senate consent to Cooper's top appointees came during a surprise special session barely a week after Republican incumbent Pat McCrory conceded to Cooper in their close gubernatorial race.
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Court: Police executing 'no-knock' warrant before shooting
Lawyer Interview |
2017/02/13 00:29
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Court documents show Hickory police were executing a "no knock" search warrant when a police officer was shot in the arm by a suspect who was shot and killed.
WSOC-TV in Charlotte reports documents showed that police were concerned that one of their officers might be hurt while carrying out the warrant. Hickory Police Chief Thurman Whisnant said that as soon as officers came through the door, they identified themselves and announced they were executing the warrant.
The search warrant listed more than a decade of convictions against 33-year-old William David Whetstone for assaults and drug charges.
Police said Whetstone disobeyed orders not to move, pulled a gun and shot an officer in the arm on Feb. 3. Two other officers then shot Whetstone, who died at the scene.
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Travel ban decision in hands of federal appeals court judges
Lawyer Interview |
2017/02/04 00:31
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A federal appeals court will decide whether to reinstate President Donald Trump's travel ban after a contentious hearing in which the judges hammered away at the administration's motivations for the ban, but also directed pointed questions to an attorney for two states trying to overturn it.
It was unclear which way the three judges of the San Francisco-based 9th Circuit Court of Appeals would rule, though legal experts said the states appeared to have the edge.
"I'm not sure if either side presented a compelling case, but I certainly thought the government's case came across as weaker," said Stephen Vladeck, a professor at the University of Texas School of Law.
A ruling could come as early as Wednesday and could be appealed to the U.S. Supreme Court.
Trump tweeted early Wednesday: "If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!"
The appeals court challenged the administration's claim that the ban was motivated by terrorism fears, but it also questioned the argument of an attorney challenging the executive order on grounds that it unconstitutionally targeted Muslims.
The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds. But the judges jumped into the larger constitutional questions surrounding Trump's order, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.
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Kansas Supreme Court to hear death row inmate's appeal
Lawyer Interview |
2016/12/19 14:22
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Attorneys for a Kansas death row inmate convicted of killing his estranged wife, their two daughters and his wife's grandmother in 2009 will get to make their case to the state's highest court about why he should be spared.
James Kraig Kahler argues in his appeal that the court where he stood trial made mistakes, and he questions whether his death sentence was warranted.
Friday's hearing will be the Kansas Supreme Court's first death penalty case since Election Day, when voters retained four of its justices who were targeted for ouster partly because the court overturned other death sentences.
Kansas reinstated capital punishment in 1994 but hasn't executed anyone in more than half a century. The state Supreme Court has overturned death sentences seven times in 20 years, with five of those decisions later reversed by the U.S. Supreme Court.
Kahler was convicted in 2011 of fatally shooting Karen Kahler, 44, her 89-year-old grandmother, Dorothy Wight, and the Kahlers' two daughters, 18-year-old Emily and 16-year-old Lauren, at Wight's home in Burlingame, about 65 miles southwest of Kansas City. Authorities said he went from room to room shooting his victims. The couple's 10-year-old son survived unharmed.
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Israel's Supreme Court rejects former PM Olmert's appeal
Lawyer Interview |
2016/09/29 12:56
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Israel's imprisoned former Prime Minister Ehud Olmert faces an additional eight months behind bars after the country's Supreme Court rejected an appeal.
Olmert is already serving a 19-month sentence after being convicted of bribery and obstructing justice. The court this week unanimously rejected the appeal of a separate set of charges that included accepting cash-stuffed envelopes from a U.S. businessman.
He began his sentence in February. Olmert was a longtime fixture in Israel's hawkish right wing when he began taking a dramatically more conciliatory line toward the Palestinians as deputy prime minister a decade ago.
He played a leading role in Israel's withdrawal from the Gaza Strip in 2005. He became prime minister in January 2006 after then-Prime Minister Ariel Sharon suffered a debilitating stroke.
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