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Wisconsin Supreme Court disallows absentee ballot drop boxes
Legal Center |
2022/07/06 09:57
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Wisconsin’s conservative-controlled Supreme Court ruled Friday that absentee ballot drop boxes may be placed only in election offices and that no one other than the voter can return a ballot in person, dealing a defeat to Democrats who said the decision would make it harder to vote in the battleground state.
However, the court didn’t address whether anyone other than the voter can return his or her own ballot by mail. That means that anyone could still collect multiple ballots for voters and, instead of using a drop box, put them in the mail.
Republicans have argued that practice, known as ballot harvesting, is ripe with fraud although there has been no evidence of that happening in Wisconsin. Democrats and others argue that many voters, particularly the elderly and disabled, have difficulty returning their ballots without the assistance of others.
Supporters argue drop boxes are a better option than mailing ballots because they go directly to the clerks and can’t be lost or delayed in transit.
The decision sets absentee ballot rules for the Aug. 9 primary and the fall election; Republican U.S. Sen. Ron Johnson and Democratic Gov. Tony Evers are seeking reelection in key races.
Johnson and other Republicans hailed it as a win for voter integrity.
“This decision is a big step in the right direction,” Johnson said.
Evers and other Democrats said the ruling will make it more difficult for people to vote.
“It’s a slap in the face of democracy itself,” said Democratic Party Chairman Ben Wikler.
The court’s 4-3 ruling also has critical implications in the 2024 presidential race, in which Wisconsin will again be among a handful of battleground states. President Joe Biden defeated Donald Trump in 2020 by just under 21,000 votes, four years after Trump narrowly won the state by a similar margin.
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AG wants death-row prisoner’s mental fitness exam called off
Legal Center |
2022/04/16 15:48
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Prosecutors have asked the Arizona Supreme Court to call off an upcoming hearing scheduled by a lower-court judge to determine the mental fitness of a prisoner to be executed in what would be the state’s first use of the death penalty in nearly eight years.
Arizona Attorney General Mark Brnovich’s office told the state’s highest court in a filing Wednesday that the May 3 mental competency hearing scheduled in Pinal County for death-row prisoner Clarence Dixon is likely to delay his May 11 execution. Dixon was sentenced to death for his murder conviction in the 1977 killing of Arizona State University student Deana Bowdoin.
The prosecutors are seeking to throw out the lower court’s order that concluded defense lawyers had shown reasonable grounds for planning a hearing over whether Dixon is psychologically fit.
Dixon’s lawyers have said their client erroneously believes he will be executed because police at Northern Arizona University wrongfully arrested him in a previous case — a 1985 attack on a 21-year-old student. His attorneys concede he was in fact lawfully arrested then by Flagstaff police. |
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New York’s top court rules in favor of fantasy sports bets
Legal Center |
2022/03/24 16:19
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New York’s highest court ruled Tuesday that fantasy sports contests like those run by FanDuel and DraftKings are allowed under the state constitution, turning back a challenge to the popular games.
The state Court of Appeals reversed an appeals court’s decision last year that found interactive fantasy sports violated the state constitution’s ban on gambling. The games allow players to assemble a roster of athletes in a sport, using individuals performance statistics to determine the winner. They annually bring in hundreds of millions in entrance fees statewide.
The lawsuit was bought several years ago and did not target mobile sports betting, which began in New York earlier this year.
In a 4-3 ruling, New York’s top court clarified the scope of that the state’s constitutional prohibition on gambling. Chief Judge Janet DiFiore wrote that the gambling prohibition doesn’t include skill-based competitions in which players who win a prize exercise “substantial influence” over the contest’s outcome.
DiFiore wrote that the outcome of a interactive fantasy sports contest “turns — not on the performance of real-life athletes, as it would with respect to a bet or wager — but on whether the participant has skillfully composed and managed a virtual roster so as to garner more fantasy points than rosters composed by other participants.”
The fantasy sports measure signed into law by then-Gov. Andrew Cuomo in 2016 cleared the way for companies like DraftKings and FanDuel to operate and be regulated in New York. DraftKings and FanDuel both said they were pleased with the decision.
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Hearing opens for Jackson, 1st Black female high court pick
Legal Center |
2022/03/19 16:19
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The Senate Judiciary Committee on Monday opened the Supreme Court confirmation hearings for Judge Ketanji Brown Jackson, the first Black woman nominated for the nation’s highest court.
Jackson, 51, is to give her opening statement later Monday and answer questions on Tuesday and Wednesday from the panel’s 11 Democratic and 11 Republican senators.
Barring a significant misstep by the 51-year-old Jackson, a federal judge for the past nine years, Democrats who control the Senate by the slimmest of margins intend to wrap up her confirmation before Easter. She would be the third Black justice, after Thurgood Marshall and Clarence Thomas, as well as the first Black woman on the high court.
“It’s not easy being the first. Often, you have to be the best, in some ways the bravest,” Democratic Sen. Dick Durbin of Illinois, the committee chairman, said shortly after the proceedings began.
The committee’s senior Republican, Sen. Chuck Grassley of Iowa, promised Republicans would “ask tough questions about Judge Jackson’s judicial philosophy,” without turning the hearings into a ”spectacle.”
Jackson’s testimony will give most Americans, as well as the Senate, their most extensive look yet at the Harvard-trained lawyer with a resume that includes two years as a federal public defender. That makes her the first nominee with significant criminal defense experience since Marshall. |
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Not guilty plea entered in alleged drug deal slaying
Legal Center |
2022/03/07 11:05
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A defendant accused of fatally shooting a man because he didn’t want to pay him for a drug deal pleaded not guilty in Brown County Circuit Court Monday.
Pedro Santiago-Marquez is charged with first-degree intentional homicide and being party to mutilating a corpse in connection with the Sept. 27 murder of Jason Mendez-Ramos.
Prosecutors say Mendez-Ramos was angry that he had not been paid $80,000 for a cocaine deal. A criminal complaint says rather than pay for the cocaine, Santiago-Marquez shot him in the head with a pistol. The victim’s burned body was found at the edge of the University of Wisconsin-Green Bay campus, WLUK-TV reported.
Security videos, cell phone tracking information, and DNA tie Rodriguez-Garcia to that scene, according to the criminal complaint.
Another man, 47-year-old Alexander Burgos-Mojica, is charged with harboring or aiding a felon in connection with the case. He returns to court March 18 for a balance of initial appearance. Rodriguez-Garcia returns to court March 21 for a status conference on the charge of mutilating a corpse.
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Trials delayed for mother, son in Mississippi fraud cases
Legal Center |
2021/11/13 13:25
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Judges have delayed the state and federal trials of a mother and son charged in one of Mississippi’s largest public corruption cases.
State Auditor Shad White has said Nancy New and Zachary New were responsible for misspending millions of dollars of welfare money that was intended for needy people in one of the poorest states in the U.S.
Their trials were scheduled to begin this week — Monday in Hinds County Circuit Court and Wednesday in federal court. Attorneys have made clear that both trials were unlikely to happen during the same week because of the complexity of the cases.
In late October, judges issued orders setting new trial dates of Jan. 3 in federal court and Feb. 7 in Hinds County Circuit Court.
State court records show Nancy New and Zachary New are both charged with conspiracy, embezzlement, fraud and making false statements to defraud the government, for alleged crimes from September 2018. They were indicted in early 2020.
Federal court records show the mother and son both face several charges, including wire fraud; conspiracy to commit wire fraud; aggravated identity theft; money laundering; and money laundering conspiracy.
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