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Former County Sheriff Joe Arpaio loses another round in court
Court News |
2017/05/22 10:43
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An appeals court has rejected former Sheriff Joe Arpaio's bid to have a jury, rather than a judge, decide whether he is guilty of a criminal contempt-of-court charge for disobeying a court order in a racial profiling case.
The 9th Circuit Court of Appeals ruled Thursday that Arpaio didn't show that his request warranted its intervention in the case.
The former six-term sheriff of metro Phoenix faces the misdemeanor charge for defying a 2011 court order in a racial profiling case to stop his signature immigration patrols.
Arpaio has acknowledged prolonging the patrols, but insists his disobedience wasn't intentional. If convicted, the 84-year-old could be sentenced up to six months in jail. His trial is scheduled to begin on June 26.
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Supreme Court strikes down 2 NC congressional districts
Court News |
2017/05/22 10:43
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The Supreme Court struck down two congressional districts in North Carolina Monday because race played too large a role in their creation.
The justices ruled that Republicans who controlled the state legislature and governor's office in 2011 placed too many African-Americans in the two districts. The result was to weaken African-American voting strength elsewhere in North Carolina.
Both districts have since been redrawn and the state conducted elections under the new congressional map in 2016. Even with the new districts, Republicans maintained their 10-3 edge in congressional seats.
Justice Elena Kagan, writing for the court, said the state did not offer compelling justifications to justify its reliance on race in either district.
The issue of race and redistricting one is a familiar one at the Supreme Court and Kagan noted that one of the districts was "making its fifth appearance before this court."
States have to take race into account when drawing maps for legislative, congressional and a host of municipal political districts. At the same time, race can't be the predominant factor without very strong reasons, under a line of high court cases stretching back 20 years.
A three-judge federal court had previously struck down the two districts. The justices upheld the lower court ruling on both counts.
The court unanimously affirmed the lower court ruling on District 1 in northeastern North Carolina. Kagan wrote that the court will not "approve a racial gerrymander whose necessity is supported by no evidence."
The justices split 5-3 on the other district, District 12 in the southwestern part of the state. Justice Clarence Thomas joined the four liberal justices to form a majority. Chief Justice John Roberts and Justices Samuel Alito and Anthony Kennedy dissented. Justice Neil Gorsuch did not part in the case.
The state insisted that race played no role at all in the creation of one district. Instead, the state argued that Republicans who controlled the redistricting process wanted to leave the district in Democratic hands, so that the surrounding districts would be safer for Republicans.
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Supreme Court declines to hear North Carolina voter ID case
Court News |
2017/05/16 04:37
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The Supreme Court declined to hear a case Monday about North Carolina's voter ID law, allowing a lower court ruling holding that the law was passed with "discriminatory intent" to prevail.
The Supreme Court's denial of the case means a 4th Circuit Court of Appeals ruling that struck down the law will stand.
In explaining the high court's decision not to take the case, Chief Justice John Roberts wrote that the new governor and attorney general that took office in January 2017 moved to dismiss North Carolina's petition. Roberts also pointed out the "blizzard of filings over who is and who is not authorized to seek review in this Court under North Carolina law." |
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New Mexico Supreme Court won't restore funds to Legislature
Court News |
2017/05/09 14:38
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The New Mexico Supreme Court on Thursday rejected a request to override budget vetoes, leaving negotiations about how to solve the state's budget crisis — and restore funding to the Legislature — in the hands of the governor and lawmakers.
In a two-page order, the court said it was too soon to consider any possible constitutional violations related to Gov. Susana Martinez's vetoes of all funding for the Legislature and state universities in the coming fiscal year.
The order said the Legislature's lawsuit was "not ripe for review," siding with attorneys for the governor who cautioned justices against an abuse of their judicial power.
The Republican governor has called a special session for May 24 in an attempt to resolve the state budget crisis linked to faltering tax revenues and a weak state economy.
The Democratic-led Legislature had argued that Martinez overstepped her authority by defunding the legislative branch of government and all state institutions of higher education.
Martinez had urged the state Supreme Court to stay out of budget negotiations and said her vetoes were made in pursuit of reductions to state spending and never sought to abolish the Legislature.
Thursday's ruling sent lawmakers and the governor back to the negotiating table with no signs of agreement on how to shore up wobbly state finances.
"We need to have a little love, and there is not much love going around right now," said Republican Sen. Bill Sharer, R-Farmington, describing distrust that stands in the way of a budget deal and related tax reforms.
For the upcoming special session, Martinez has outlined rough proposals to restore most vetoed funding for the fiscal year starting July 1. Democratic lawmakers say the proposals are linked to untenable tax revenue increases on nonprofits and food.
The governor's office issued a statement praising the court decision and prodding legislative leaders to abandon a proposed tax increase on gasoline sales designed to shore up state finances. |
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Indiana high court to take up police unreasonable force case
Court News |
2017/05/01 23:44
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The Indiana Supreme Court is to take up the case of a man who claims Evansville police were too forceful when they used a SWAT team and flash-bang grenades to serve a search warrant.
The Evansville Courier and Press reports the court is to consider 31-year-old Mario Deon Watkins' case, which rises from his felony drug conviction. He claims the Evansville Police Department used unreasonable force when a SWAT team and flash-bang grenades were used to serve a search warrant.
The Indiana Court of Appeals in January reversed Watkins' sentence, criticizing use of the grenades that went off in the same room as a 9-month-old baby. But Indiana Attorney General Curtis Hill is asking the state's Supreme Court to clarify whether the state constitution prohibits police from using a SWAT team or the grenades.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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