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China sentences lawyer who reported on outbreak to 4 years
Law & Court News | 2020/12/28 19:46
A Chinese court on Monday sentenced a former lawyer who reported on the early stage of the coronavirus outbreak to four years in prison on charges of “picking fights and provoking trouble,” one of her lawyers said.

The Pudong New Area People’s Court in the financial hub of Shanghai gave the sentence to Zhang Zhan following accusations she spread false information, gave interviews to foreign media, disrupted public order and “maliciously manipulated” the outbreak.

Lawyer Zhang Keke confirmed the sentence but said it was “inconvenient” to provide details ? usually an indication that the court has issued a partial gag order. He said the court did not ask Zhang whether she would appeal, nor did she indicate whether she would.

Zhang, 37, traveled to Wuhan in February and posted on various social media platforms about the outbreak that is believed to have emerged in the central Chinese city late last year.

She was arrested in May amid tough nationwide measures aimed at curbing the outbreak and heavy censorship to deflect criticism of the government’s initial response. Zhang reportedly went on a prolonged hunger strike while in detention, prompting authorities to forcibly feed her, and is said to be in poor health.

China has been accused of covering up the initial outbreak and delaying the release of crucial information, allowing the virus to spread and contributing to the pandemic that has sickened more than 80 million people worldwide and killed almost 1.8 million. Beijing vigorously denies the accusations, saying it took swift action that bought time for the rest of the world to prepare.

China’s ruling Communist Party tightly controls the media and seeks to block dissemination of information it hasn’t approved for release. In the early days of the outbreak, authorities reprimanded several Wuhan doctors for “rumor-mongering” after they alerted friends on social media. The best known of the doctors, Li Wenliang, later succumbed to COVID-19.


Longtime Wisconsin Supreme Court Justice Abrahamson dies
Law & Court News | 2020/12/20 14:22
Shirley Abrahamson, the longest-serving Wisconsin Supreme Court justice in state history and the first woman to serve on the high court, has died. She was 87.

Abrahamson, who also served as chief justice for a record 19 years, died Saturday after being diagnosed with pancreatic cancer, her son Dan Abrahamson told The Associated Press on Sunday.

Wisconsin Gov. Tony Evers said in a statement that Abrahamson had a “larger-than-life impact” on the state's legal profession and her legacy is defined “not just by being a first, but her life’s work of ensuring she would not be the last, paving and lighting the way for the many women and others who would come after her.”

Long recognized as a top legal scholar nationally and a leader among state judges, Abrahamson wrote more than 450 majority opinions and participated in more than 3,500 written decisions during her more than four decades on Wisconsin’s highest court. She retired in 2019 and moved to California to be closer with her family.

In 1993, then-President Bill Clinton considered putting her on the U.S. Supreme Court, and she was later profiled in the book, “Great American Judges: An Encyclopedia.”

She told the Wisconsin State Journal in 2006 that she enjoyed being on the court.

“It has a mix of sitting, reading and writing and thinking, which I enjoy doing. And it’s quiet. On the other hand, all of the problems I work on are real problems of real people, and it matters to them, and it matters to the state of Wisconsin. So that gives an edge to it, and a stress,” she said.

The New York City native, with the accent to prove it, graduated first in her class from Indiana University Law School in 1956, three years after her marriage to Seymour Abrahamson. The couple moved to Madison and her husband, a world-renowned geneticist, joined the University of Wisconsin-Madison faculty in 1961. He died in 2016.

She earned a law degree from UW-Madison in 1962, then worked as a professor and joined a Madison law firm, hired by the father of future Gov. Jim Doyle.

Appointed to the state's high court by then-Gov. Patrick Lucey in 1976, Abrahamson won reelection four times to 10-year terms, starting in 1979. She broke the record for longest-serving in justice in 2013, her 36th year on the court.

Abrahamson was in the majority when the court in 2005 allowed a boy to sue over lead paint injuries even though he could not prove which company made the product that sickened him — undoing decades of precedent and opening paint companies to lawsuits seeking damages.

But Abrahamson found herself in the minority on several high-profile cases later in her career, including in 2011, when the court upheld the law championed by Republican then-Gov. Scott Walker effectively ending public employee union rights, and again in 2015, when the court ended a politically charged investigation into Walker and conservative groups.

Abrahamson’s health began to fail in 2018, and she frequently missed court hearings. That May, she announced she wouldn’t run again in 2019, and in August, she revealed she has cancer.

Doyle, a former Wisconsin attorney general and two-term governor, called Abrahamson a pioneer and said he sought her advice when he first ran for Dane County district attorney in the 1970s. Doyle's father, who was a federal judge, gave Abrahamson her first job out of law school, Doyle said Sunday.


Raimondo makes historic nomination to state Supreme Court
Law & Court News | 2020/12/08 11:42
Gov. Gina Raimondo nominated two women Tuesday to the Rhode Island Supreme Court, including one who, if confirmed, would become not only the first Black justice, but also the first person of color on the state's highest court.

Superior Court Judge Melissa Long was nominated to replace Justice Francis X. Flaherty, who announced his retirement in October.

Long was appointed by Raimondo to the Superior Court in 2017. Before that, she was deputy secretary of state and director of administration in the secretary of state's office. She is a graduate of the University of Virginia and the George Mason University School of Law.

Raimondo also nominated state Sen. Erin Lynch Prata to the high court. She is the chairperson of the Senate Judiciary Committee and would replace Justice Gilbert Indeglia, who retired in June. She has degrees from Boston College and the Catholic University of America law school.

If Long and Lynch Prata are confirmed, the five-member court will be majority female for the first time. Raimondo also announced several other judicial nominations.

The Democratic governor named Linda Rekas Sloan to the Superior Court. If approved, Rekas Sloan would be the first Asian-American on the court.

The governor also named Central Falls Municipal Judge Elizabeth Ortiz to the Family Court bench, making Ortiz the first Latina nominated to the court that oversees child custody, divorce and juvenile matters.

“I am thrilled to appoint this group of talented public servants to our state’s highest courts,” Raimondo said in a statement. “As governor, one of my most important and sacred responsibilities is to appoint high-caliber judges who reflect the diversity of the Rhode Islanders they serve. I am confident that each of these nominees will fairly and honorably uphold the laws and values of our state.”





Pennsylvania high court rejects lawsuit challenging election
Law & Court News | 2020/11/29 14:28
Pennsylvania’s highest court on Saturday night threw out a lower court’s order preventing the state from certifying dozens of contests on its Nov. 3 election ballot in the latest lawsuit filed by Republicans attempting to thwart President-elect Joe Biden’s victory in the battleground state.

The state Supreme Court, in a unanimous decision, threw out the three-day-old order, saying the underlying lawsuit was filed months after the expiration of a time limit in Pennsylvania’s expansive year-old mail-in voting law allowing for challenges to it.

Justices also remarked on the lawsuit’s staggering demand that an entire election be overturned retroactively. “They have failed to allege that even a single mail-in ballot was fraudulently cast or counted,” Justice David Wecht wrote in a concurring opinion.

The state’s attorney general, Democrat Josh Shapiro, called the court’s decision “another win for Democracy.”

President Donald Trump and his lawyer, Rudy Giuliani, meanwhile, have repeatedly and baselessly claimed that Democrats falsified mail-in ballots to steal the election from Trump. Biden beat Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016.

The week-old lawsuit, led by Republican U.S. Rep. Mike Kelly of northwestern Pennsylvania, had challenged the state’s mail-in voting law as unconstitutional.

As a remedy, Kelly and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law — most of them by Democrats — or to wipe out the election results and direct the state’s Republican-controlled Legislature to pick Pennsylvania’s presidential electors.

In any case, that request — for the state’s lawmakers to pick Pennsylvania’s presidential electors — flies in the face of a nearly century-old state law that already grants the power to pick electors to the state’s popular vote, Wecht wrote.

While the high court’s two Republicans joined the five Democrats in opposing those remedies, they split from Democrats in suggesting that the lawsuit’s underlying claims — that the state’s mail-in voting law might violate the constitution — are worth considering.

Commonwealth Court Judge Patricia McCullough, elected as a Republican in 2009, had issued the order Wednesday to halt certification of any remaining contests, including apparently contests for Congress.

It did not appear to affect the presidential contest since a day earlier, Gov. Tom Wolf, a Democrat, had certified Biden as the winner of the presidential election in Pennsylvania.

Wolf quickly appealed McCullough’s decision to the state Supreme Court, saying there was no “conceivable justification” for it.

The lawsuit’s dismissal comes after Republicans have lost a flurry of legal challenges brought by the Trump campaign and its GOP allies filed in state and federal courts in Pennsylvania.


Biden win over Trump in Nevada made official by court
Law & Court News | 2020/11/25 10:52
The Nevada Supreme Court made Joe Biden’s win in the state official on Tuesday, approving the state’s final canvass of the Nov. 3 election.

The unanimous action by the seven nonpartisan justices sends to Democratic Gov. Steve Sisolak results that will deliver six electoral votes from the western U.S. battleground state to Biden.

The court action drew extra scrutiny amid legal efforts by the state GOP and Trump campaign to prevent sending vote-by-mail ballots to all 1.82 million active registered voters and then to stop the counting of the 1.4 million votes that were cast.

Nevada’s six Democratic presidential electors are scheduled to meet Dec. 14 in the state capital of Carson City.

Biden won Nevada by 33,596 votes, according to results approved by elected officials in Nevada’s 17 counties — including Clark County, which encompasses Las Vegas, and Washoe County, which includes Reno.

Biden got 50.06% of the vote and Trump 47.67%. Nevada Secretary of State Barbara Cegavske, a Republican who has avoided the public eye in recent weeks, presented the results to the court.

She noted the first-ever use of all-mail balloting statewide in a general election, same-day voter registration and early voting. “The result was more of a hybrid model where voters had a choice of how to participate,” she said, adding that a record number of voters participated.

Certification of the vote does not stop several lawsuits pending in state and federal courts.

They include bids by two Republican congressional candidates and a state Senate challenger to obtain re-votes in those races, an open-records case by the state GOP, and a U.S. District Court action alleging that thousands of ineligible people voted.

A federal judge in that case declined a bid for an immediate injunction that would have stopped the use of a signature verification scanner during the vote count.

Jesse Binnall, an attorney for the Trump campaign who is handling an election challenge pending before a state court judge, said Tuesday he intends to prove that so many fraudulent votes were cast statewide that Trump won Nevada.

Turnout among the state’s more than 1.8 million active registered voters was almost 77.3%, including mail, early voting and Election Day ballots cast amid the coronavirus pandemic, according to secretary of state data.

That was up from a turnout of 76.8% during the presidential election in 2016, when Democrat Hillary Clinton carried Nevada by a little under 2.5% over Trump. Nevada was one of several states due to certify the election on Tuesday.


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