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Texas Voter ID Law to be Tested in a Federal Court
Court Watch |
2012/07/09 15:16
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The fate of Texas' controversial new voter ID law - which requires voters to show photo identification at the polls - is set to be decided this week in a federal court in Washington.
The state, which claims the law will prevent voter fraud, is seeking to persuade a three-judge panel to uphold the statute. The Justice Department and a slew of intervening groups say the law disproportionately affects minority voters, violating the federal Voting Rights Act. They want it thrown out.
The case will be a test of the Voting Rights Act, passed in 1965, which was designed to protect minorities' rights to vote.
The Justice Department set up this week's court fight when it blocked implementation of the law in March. Texas quickly filed a lawsuit in federal court, bringing the two sides back to Washington for the second time in months.
The two sides spent two weeks earlier this year arguing in front of a similar three-judge panel about Texas' redrawn congressional maps. As now, the Justice Department claimed Texas was violating the federal Voting Rights Act. No final decision has been made in that case, but a federal court has approved interim maps that have allowed Texas elections to go ahead. |
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NY court: Gay marriage caucus didn't break rules
Lawyer News |
2012/07/06 15:32
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A state appeals court rejected a challenge to New York's year-old same-sex marriage law Friday, ruling closed-door negotiations among senators and gay marriage supporters including Gov. Andrew Cuomo did not violate any laws.
The Appellate Division of state Supreme Court in Rochester ruled against gay marriage opponents who argued that Republican state senators violated New York's open meeting rules ahead of the law's passage last year.
The marriage law was given final legislative approval by the state Senate after weeks of intensive lobbying and swiftly signed by Cuomo, making New York the largest state to legalize same-sex weddings. Same-sex couples began marrying by the hundreds on July 24, 2011, the day the law became official.
"The court's decision affirms that in our state, there is marriage equality for all, and with this decision New York continues to stand as a progressive leader for the nation," Cuomo said after the court's ruling.
New Yorkers for Constitutional Freedoms said Cuomo and another gay marriage supporter, New York City Mayor Michael Bloomberg, met behind closed doors with the Senate's Republican majority in violation of the open meeting law.
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Wis. Supreme Court upholds damages in drug lawsuit
Court Watch |
2012/06/22 10:54
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The Wisconsin Supreme Court on Friday upheld damages that were awarded in a lawsuit the state brought against a prescription drug company accused of inflating prices.
The lawsuit dates back to 2004 when then-Attorney General Peg Lautenschlager sued 36 drug companies alleging they inflated wholesale prices to get larger payments from Medicaid, private insurers and consumers.
The case against Pharmacia Inc. was the first to go to trial, and in 2009 a jury found that the drug maker violated the state's Medicaid fraud law 1.44 million times over a decade. After reviewing the evidence, the judge found the actual tally was 4,578 and ordered the company to pay $4.5 million in forfeitures and other costs. The jury also awarded $9 million in damages.
Pharmacia appealed, arguing that the jury incorrectly calculated the damages, that the number of violations should be reduced to zero, and that a jury trial was improper. |
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Use new drug sentencing law in crack cases
Legal Center |
2012/06/21 11:57
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The Supreme Court says criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of newly reduced sentences.
Corey A. Hill and Edward Dorsey were arrested in 2007 and 2008 for selling crack cocaine and faced mandatory 10-year sentences in Illinois. But they weren't sentenced until after the Fair Sentencing Act went into effect in August 2010. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.
Justice Stephen Breyer said in a 5-4 decision Thursday that the courts should have used the new law to sentence the two men.
Chief Justice John Roberts, and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented. |
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High court sides with state in DNA case
Court News |
2012/06/18 12:40
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The Supreme Court on Monday upheld a rape conviction over objections that the defendant did not have the chance to question the reliability of the DNA evidence that helped convict him.
The court's 5-4 ruling went against a run of high court decisions that bolstered the right of criminal defendants to confront witnesses against them.
Justice Clarence Thomas provided the margin of difference in the case to uphold the conviction of Sandy Williams, even though Thomas has more often sided with defendants on the issue of cross-examination of witnesses.
The case grew out of a DNA expert's testimony that helped convict Williams of rape. The expert testified that Williams' DNA matched a sample taken from the victim, but the expert played no role in the tests that extracted genetic evidence from the victim's sample.
And no one from the company that performed the analysis showed up at the trial to defend it.
The court has previously ruled that defendants have the right to cross-examine the forensic analysts who prepare laboratory reports used at trial. |
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Massive LA County court layoffs to begin Friday
Court News |
2012/06/15 10:50
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Squeezed by state budgets cutbacks, the Los Angeles County court system is launching massive job layoffs, pay cuts and transfers, court officials said Thursday.
Cutbacks that will be implemented Friday will affect 431 court employees and 56 courtrooms throughout the nation's largest superior court system.
Presiding Judge Lee Smalley Edmon bemoaned the loss of longtime employees as well as the impact on public services.
"We are laying off people who are committed to serving the public," she said. "It is a terrible loss both to these dedicated employees and to the public."
The union representing state and municipal employees called Friday's action a "freeze on justice in Los Angeles" and warned that the county would experience "an end to timely justice" with cases being delayed for years, particularly in civil courts.
The American Federation of State, County and Municipal Employees — AFSCME — planned to have representatives on hand to assist employees who will not know they are losing their jobs until they are informed individually Friday.
A spokeswoman for the California Judicial Council said other courts in the state will also be impacted by the budget cuts but will handle them individually. Los Angeles' court system, as the largest, will be the most heavily affected.
Edmon said the drastic actions are the result of a state mandate to reduce annual spending by $30 million. She noted that earlier reductions already saved $70 million, but more cuts in state support for trial courts are scheduled for the next fiscal year. |
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