|
|
|
Court enters default judgment in Kansas voting rights case
Attorney Blog News |
2016/10/13 22:06
|
A federal court clerk entered a default judgment Tuesday against Kansas Secretary of State Kris Kobach for failing to file a timely response to a lawsuit challenging the constitutionality of a state law requiring prospective voters to prove they are U.S. citizens.
It remains unclear whether U.S. District Judge Julie Robinson will give Kobach more time to respond. If the judgment stands it would apply to all voters in all federal, state and local elections — effectively ending the state's proof-of-citizenship requirement.
Kobach did not immediately return a cellphone message, but spokeswoman Desiree Taliaferro said he would comment.
Kobach faces four separate lawsuits challenging various aspects of Kansas' voter registration law. The law, which went into effect in January 2013, requires prospective voters to submit documentary proof of citizenship such as a birth certificate, U.S. passport or naturalization papers.
Kobach, a conservative Republican, has championed the proof-of-citizenship requirement as an anti-fraud measure that keeps non-citizens from voting, including immigrants living in the U.S. illegally. Critics say such requirements suppress voter turnout, particularly among young and minority voters, and that there have been few cases of fraud in the past.
"Oftentimes judges will give an attorney who has not filed something in a timely manner another chance," said Paul Davis, an attorney for the voter who brought the lawsuit. "We will have to see whether Judge Robinson is willing to do that in this case."
Kobach could ask the judge to set aside the clerk's action, possibly on grounds that include "excusable neglect," said Mark Johnson, another attorney for the voter.
But if the clerk's action stands, it means the proof-of-citizenship requirement can't be enforced, Johnson said.
The lawsuit contends the requirement violates voters' constitutional right to right to due legal process and the right to freely travel from state to state by infringing on people's ability to vote and to sign petitions. It also contends the actions Kobach has taken to verify citizenship status discriminates against people who were born or got married in other states.
|
|
|
|
|
|
|
Oklahoma Supreme Court invalidates law restricting abortion
Attorney Blog News |
2016/10/04 12:12
|
The Oklahoma Supreme Court has thrown out another state law that would put new restrictions on abortion providers.
In a unanimous opinion handed down Tuesday, all nine justices agreed that the statute adopted by the Legislature last year "contains different and unrelated purposes" in violation of the Oklahoma constitution's requirement that legislation cover a single subject.
The law encompasses four abortion-related topics: minors and parental consent; tissue preservation; inspection of clinics; and legal liability for abortion providers.
The New York-based Center for Reproductive Rights challenged the law and the state's highest court subsequently blocked it from going into effect. The center sued on behalf of Dr. Larry Burns of Norman, who performs nearly half of Oklahoma's abortions.
|
|
|
|
|
|
|
Court halts construction of another section of pipeline
Attorney Blog News |
2016/09/18 15:06
|
A federal appeals court has ordered a halt to construction of another section of the Dakota Access oil pipeline in North Dakota.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said in a ruling late Friday that it needs more time to consider the Standing Rock Sioux Tribe's request for an emergency injunction. It said it will issue another order setting a date for oral arguments on the motion.
The order "should not be construed in any way as a ruling on the merits of that motion," the panel said. The ruling stops construction within 20 miles on either side of Lake Oahe. The federal government on Sept. 9 ordered a halt to construction on U.S. Army Corps of Engineers land under and around the lake after a U.S. District Judge James Boasberg rejected the tribe's request for a preliminary injunction to halt construction of the $3.8 billion four-state pipeline. That led the tribe to ask for an emergency injunction.
Vicki Granado, spokeswoman for Dakota Access LLC, said the company does not comment on pending litigation. Craig Stevens, spokesman for the MAIN Coalition, Midwest Alliance for Infrastructure Now, called the ruling disappointing but said his group respects the panel's decision.
"Judge Boasberg, in his thoughtful and thorough opinion last week, confirmed that the Army Corps of Engineers did their jobs expertly and in accordance with the law," Stevens said in a statement. "We are confident that another fair review of the corps' work will render the same decision."
The corps also issued a ruling on Friday granting the tribes a temporary permit that allows demonstrators to legally protest on federal lands managed by the agency. In turn, the tribe assumes responsibility for maintenance, damage and restoration costs, the security and safety of protesters, and liability insurance. |
|
|
|
|
|
|
Court reinstates rape charges despite delay in indictment
Attorney Blog News |
2016/07/28 09:40
|
The Ohio Supreme Court on Wednesday reinstated rape and kidnapping charges against a Cleveland man who argued that a 20-year delay in indicting him was unconstitutional.
In a unanimous decision, the court also ordered an appeals court to reconsider the arguments of defendant Demetrius Jones using a different legal standard.
In a twist, the ruling in the closely watched case was praised by attorneys on both sides. Jones' lawyer said ordering the 8th Ohio District Court of Appeals to apply the different standard gives his client a new and stronger chance to fight the charges.
The state also applauded the decision after arguing that the dismissal of the charges by the appeals court last year created a legal precedent jeopardizing thousands of unsolved rapes being reinvestigated thanks to improved DNA testing.
"This ruling affirms law enforcement's ability to use new DNA technologies to bring criminals to justice," said Dan Tierney, a spokesman for Ohio Attorney General Mike DeWine.
At issue was the 2013 indictment of Jones on a rape charge based on evidence found when an old rape kit was tested. Jones was accused of raping a woman he knew at his mother's apartment in 1993, according to Ohio Supreme Court documents.
The woman identified Jones to police and at the hospital where a rape kit was obtained, Russell Bensing, Jones' attorney, said in a court filing last fall.
Cleveland police set the investigation aside after two unsuccessful attempts to interview the accuser the following week and never tried to locate Jones or his mother, Bensing said.
Jones was indicted in 2013, one day before the deadline for prosecuting a case that old. His attorneys successfully asked a judge to throw out the case because the state took too long, and last year the appeals court upheld the decision.
|
|
|
|
|
|
|
Arkansas court denies request for new execution law hearing
Attorney Blog News |
2016/07/23 09:41
|
Arkansas' highest court has denied a request to reconsider its June ruling upholding the state's execution secrecy law, but justices issued a stay that prevents the state from setting new execution dates as some inmates appeal to the U.S. Supreme Court.
The Arkansas Supreme Court issued an order Thursday denying a rehearing request by attorneys representing nine inmates who challenged the law that requires the Department of Correction to conceal the maker, seller and other information about the drugs. The inmates have argued the law could lead to cruel or unusual punishment and reneges on an earlier pledge by the state to share information.
The order also grants a request to delay putting the ruling into effect so the inmates can appeal the drug protocol to the U.S. Supreme Court.
|
|
|
|
|
|
| Law Promo can construct your law firm a brand new responsive website, or help you redesign your existing site to secure your place in the internet world. Small Law Firm Web Design by Law Promo |
|
|
Recent Lawyer Blog Updates |
|
Lawyer News RSS
