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The Latest: New Mexico court blocks straight-ticket option
Law Firm Blog News |
2018/09/12 12:48
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The New Mexico Supreme Court is blocking a ballot option that would have allowed voters to select candidates from one particular party in all races by marking a single box.
The court made its decision Wednesday after listening to oral arguments about a plan from the state's top elections regulator to reinstate straight-ticket voting in the November general election.
The court found that Secretary of State Maggie Toulouse Oliver did not have authority to impose such a change.
Critics of the practice say it primarily harms independent, minor-party and Republican candidates in a state dominated by registered Democrats.
They argued in court that state law doesn't clearly say whether authority to design ballot forms extends to substantive decisions about straight-party voting, and that Secretary of State Maggie Toulouse Oliver should have consulted the public through the rulemaking process.
The New Mexico Supreme Court has indicated it will decide Wednesday whether voters should be allowed to select candidates from a particular party in all races by marking a single ballot box.
At issue is a plan from the state's top elections regulator to reinstate straight-ticket voting in the November general election.
Secretary of State Maggie Toulouse Oliver argued she has authority over ballot forms, including the discretion to determine whether to include a straight-party voting option.
Critics questioned that authority Wednesday, saying such decisions should be made by the Legislature and should be informed by data on voting behavior. They also raised concerns that no public hearings were held before Toulouse Oliver announced the change. |
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Juvenile waived to adult court in Indy doctor's slaying
Legal Blog News |
2018/09/12 12:48
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A juvenile has been waived to adult court to face charges in the fatal shooting of an Indiana University doctor and educator last year.
Online court records say 16-year-old Tarius Blade faces three felony burglary charges in the Nov. 20, 2017, slaying of Dr. Kevin Rodgers.
Blade was arrested in December along with Ka'Ron Bickham-Hurst, then 18. Court records show Bickham-Hurst has agreed to plead guilty to three burglary charges.
Two other men were arrested last month. Eighteen-year-old Nehemiah Merriweather was charged with felony murder and two counts of burglary and 17-year-old Devon Seats was charged with murder, felony murder and two counts of burglary.
The 61-year-old Rodgers was the program director emeritus of the emergency medicine residency at the Indiana University School of Medicine.
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The Latest: Authorities: Officer arrested for manslaughter
Legal Blog News |
2018/09/10 13:25
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The Texas Department of Public Safety says a white Dallas police officer has been arrested on a manslaughter warrant in the shooting of a black man at his apartment.
The department said in a news release Sunday night that Officer Amber Guyger was booked into the Kaufman County Jail and that the investigation is ongoing. It said no additional information is available at this time. The 30-year-old Guyger killed 26-year-old Botham Jean on Thursday.
Police say Guyger shot and killed Jean after returning in uniform to the South Side Flats, where they both had apartments, following her shift. She reported the shooting to dispatchers and she told officers who responded that she had mistaken Jean's apartment for her own.
The lawyer for the family of a 26-year-old man who was shot and killed by a Dallas police officer who said she mistook his apartment for hers is calling for her to be charged.
S. Lee Merritt, who is representing the family of 26-year-old Botham Jean, said Saturday that the family isn't calling on the authorities to jump to conclusions or to deny Officer Amber Guyger her right to due process.
But he says they want Guyger "to be treated like every other citizen, and where there is evidence that they've committed a crime, that there's a warrant to be issued and an arrest to be made."
Online records show that Guyger hadn't been charged as of Sunday morning.
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Audit: West Virginia Supreme Court skirted pay law
Legal Blog News |
2018/09/09 13:24
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A new legislative audit report says West Virginia's Supreme Court skirted state law concerning pay for senior status judges.
News outlets report the audit released last week found 10 senior-status judges were authorized overpayments. State law prohibits them from making more than active circuit judges. The audit said that to circumvent the law, Supreme Court officials began converting senior status judges from employees to independent contractors.
The audit by the Legislative Auditor's Office Post Audit Division also pegged renovations for Supreme Court offices between 2012 and 2016 at $3.4 million, including $1.9 million for the five justices' chambers. Auditors say invoices for renovations to the court's law library and administrative offices were not made available.
Four justices who were impeached by the House of Delegates are due to go before the state Senate on Tuesday. |
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Pipeline company found guilty in 2015 California oil spill
Law & Court News |
2018/09/08 13:24
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A pipeline company was convicted of nine criminal charges Friday for causing the worst California coastal spill in 25 years, a disaster that blackened popular beaches for miles, killed wildlife and hurt tourism and fishing.
A Santa Barbara County jury found Houston-based Plains All American Pipeline guilty of a felony count of failing to properly maintain its pipeline and eight misdemeanor charges, including killing marine mammals and protected sea birds.
California Attorney General Xavier Becerra said in a statement that Plains’ actions were not only reckless and irresponsible but also criminal.
“Today’s verdict should send a message: if you endanger our environment and wildlife, we will hold you accountable,” he said.
Plains said in a statement that the jury didn’t find any knowing misconduct by the company and “accepts full responsibility for the impact of the accident.”
“We are committed to doing the right thing,” the company said.
The company said its operation of the pipeline met or exceeded legal and industry standards, and believes the jury erred in its verdict on one count where California law allowed a conviction under a standard of negligence.
“We intend to fully evaluate and consider all of our legal options with respect to the trial and resulting jury decision,” Plains said.
The company is set to be sentenced on Dec. 13. Because it’s a company, and not a person, Plains only faces fines, though it’s unclear how steep the penalties could be.
Plains had faced a total of 15 charges for the rupture of a corroded pipeline that sent at least 123,000 gallons (465,000 liters) of crude oil gushing onto Refugio State Beach in Santa Barbara County, northwest of Los Angeles. |
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