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Judge won't halt Pa. voter identification law
Court News | 2012/08/15 11:19
A tough new voter identification law championed by Republicans can take effect in Pennsylvania for November's presidential election, a judge ruled Wednesday, despite a torrent of criticism that it will suppress votes among President Barack Obama's supporters and make it harder for the elderly, disabled, poor and young adults to vote.

Commonwealth Court Judge Robert Simpson said he would not grant an injunction that would have halted the law, which requires each voter to show a valid photo ID. Opponents are expected to file an appeal within a day or two to the state Supreme Court as the Nov. 6 election looms.

"We're not done, it's not over," said Witold J. Walczak, an American Civil Liberties Union lawyer who helped argue the case for the plaintiffs. "It's why they make appeals courts."

The Republican-penned law — which passed over the objections of Democrats — has ignited a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest. Plaintiffs, including a 93-year-old woman who recalled marching with Martin Luther King Jr. in 1960, had asked Simpson to block the law from taking effect in this year's election as part of a wider challenge to its constitutionality.

Republicans defend the law as necessary to protect the integrity of the election. But Democrats say the law will make it harder for people who lack ID for valid reasons to vote.



New DC drunken driving law to take effect
Court News | 2012/08/02 17:07
A new law that toughens penalties for drunken driving in the nation's capital takes effect Wednesday, but the city's police department still is not using breath tests on suspected drunken drivers more than a year after the tests were suspended.

The new law, which was approved by the D.C. Council and signed by Mayor Vincent Gray earlier this summer. It doubles mandatory minimum jail terms for people with blood-alcohol concentrations of .20 percent or higher and establishes a blood-alcohol limit of .04 percent for commercial drivers, including taxi drivers.

The law also establishes new oversight for the district's breath-testing program. But there's still no timetable to the resumption of breath tests, which D.C. police stopped using in February 2011 in the wake of revelations that their breath-testing devices had produced inaccurate results. Police have been using urine and blood tests instead.

A year earlier, District of Columbia officials had notified defense lawyers about nearly 400 drunken-driving convictions that relied, at least party, on inaccurately calibrated blood-alcohol tests.

More than two dozen people sued the district over convictions based on those flawed tests, and the district Attorney General's office said Tuesday that all the outstanding lawsuits had been settled. The district paid a total of $136,000 to 17 plaintiffs, with individuals receiving between $2,000 and $42,000, said Jeffrey Rhodes, a lawyer for the plaintiffs.


Pa.'s tough, new voter ID law heads to court
Court News | 2012/07/27 11:54
The first legal test for Pennsylvania's tough new voter identification law is arriving.

A state Commonwealth Court judge will begin a hearing Wednesday on whether to block the law from taking effect in this year's election while the court considers a challenge to its constitutionality.

The hearing could last a week.

The law is the subject of a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest in the Nov. 6 election.

Republicans say it's necessary to prevent fraud. But Democrats say it's an election-year scheme to steal the White House and contend that there's no track record of fraud that it would prevent.

Republican Gov. Tom Corbett signed the law in March without a single Democratic lawmaker supporting it.


Minnesota court upholds aiding suicide conviction
Court News | 2012/07/20 11:40
The Minnesota Court of Appeals on Tuesday upheld the convictions of a former nurse who hunted for suicidal people in online chat rooms and encouraged two to kill themselves, saying his actions were not protected speech.

William Melchert-Dinkel, 49, of Faribault, was convicted in 2011 of two counts of aiding suicide. He acknowledged that what he did was morally wrong but argued that he merely exercised his right to free speech. The appeals court disagreed.

"We are confident that the Constitution does not immunize Melchert-Dinkel's morbid, predatory behavior simply because it appears in the form of written words," the justices' 31-page decision said.

Melchert-Dinkel's attorney, Terry Watkins, said that while his client's actions are unsavory, he still believes they are protected by the First Amendment. He plans to appeal to the state Supreme Court.


Md. appeals court chief judge nearing retirement
Court News | 2012/07/09 15:45
The final year of Robert M. Bell's tenure as chief judge of Maryland's top court began Friday, when he turned 69 in a state where the constitution requires jurists to retire at 70.

Chief Judge Robert M. Bell has served on the Court of Appeals since 1991 and has led it since 1996.

Thus, the clock has started for Gov. Martin O'Malley to name the first new Court of Appeals chief judge since 1996.

"A year out is not too early at all to be thinking of this (appointment), because others are," said Parris N. Glendening, the former Maryland governor who appointed Bell chief judge 16 years ago. "Of all the various appointments that I made, that was the one that was most intensely lobbied, discussed."

The intensity is strong because the opportunity is so rare.

The Court of Appeals has only had two leaders during the past 40 years: Bell and his predecessor, Robert C. Murphy.


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