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NC court blocks law stripping governor of election powers
Topics in Legal News | 2017/02/13 23:41
strips the new Democratic governor of powers to oversee elections.

A lower appeals court briefly let the law to take effect last week, allowing a revamped state elections board to meet for the first time Friday. It's one of the changes passed in late December that shift power over running elections away from Gov. Roy Cooper.

"We are pleased the Supreme Court has put the injunction back in place until the judges can hear and decide the full case" early next month, Cooper spokeswoman Noelle Talley wrote in an email.

The law ends the practice of allowing the governor's political party to hold majorities on all state and county elections boards. Instead of Democrats holding sway over running elections and resolving voting disputes, elections board positions would be evenly divided between major-party partisans.

Republicans would control elections during even-numbered years, when big races for president, legislature or other major statewide offices are held. The measure also merges the state ethics and elections boards into one.

Lawyers representing state House Speaker Tim Moore, R-Cleveland, and Senate leader Phil Berger, R-Rockingham, did not respond to emails seeking comment after the Supreme Court's decision.

Cooper, Moore and Berger are also fighting in court over another new law aiming to restrict the Democrat's ability to alter the state's recent conservative direction.

A panel of three state trial court judges is considering whether to continue blocking a law requiring Senate confirmation of Cooper's Cabinet secretaries.

The law requiring Senate consent to Cooper's top appointees came during a surprise special session barely a week after Republican incumbent Pat McCrory conceded to Cooper in their close gubernatorial race.



Partisan struggle over NC governor's authority back in court
Topics in Legal News | 2017/02/10 23:42
Judges are hearing more arguments about North Carolina Republican lawmakers' efforts to reduce Democratic Gov. Roy Cooper's authority in choosing his Cabinet.

A three-judge panel scheduled arguments Friday on whether to extend their recent temporary block of a law requiring Senate confirmation of Cooper's Cabinet secretaries.

The GOP-controlled legislature passed the law shortly before Cooper took office, one of several provisions designed to limit Cooper's powers.

Cooper's attorneys say confirmation usurps his authority to carry out core executive functions. Republicans respond that the state Constitution gives senators "advice and consent" powers with gubernatorial appointees.

The governor wants the law blocked at least until a hearing scheduled for March.

In another gubernatorial power issue, a state appeals court on Thursday temporarily reinstated a law stripping Cooper of his oversight of elections.


Greek court rejects extradition for Turkish servicemen
Topics in Legal News | 2017/01/24 13:15
Greece's Supreme Court on Thursday rejected an extradition request for eight Turkish servicemen who fled their country by helicopter after a coup attempt.

Presiding judge Giorgos Sakkas, reading out the decision, said the servicemen were unlikely to face a fair trial if returned to Turkey.

The eight officers fought extradition in a six-month legal battle, arguing that they face mistreatment in prison if returned.

Justice Minister Stavros Kontonis earlier this week had said he would respect the court decision and not make use of executive powers in the extradition case.

Lower courts issued mixed decisions on the return of the officers in a series of separate hearings.

The extradition case has further complicated ties between neighbors and NATO allies Greece and Turkey, which remain at odds over war-divided Cyprus and boundaries in the Aegean Sea.

Hours ahead of Thursday's decision, Turkish Foreign Ministry spokesman Huseyin Muftuoglu said he expected the servicemen to be returned.

"Our greatest expectation is for the coup plotters to be delivered to the Turkish judicial (authorities). We shall be following the results of this case," he said. "These coup plotters should not go unpunished."



Ethics measure backers ask high court to let them join case
Topics in Legal News | 2017/01/22 15:37
Supporters of a voter-approved government ethics overhaul are asking the state Supreme Court to allow them to join a lawsuit challenging the initiative filed by Republican lawmakers.

South Dakotans for Integrity, a political committee that supported the initiative, is arguing that a lower court judge was wrong in denying their push to intervene in the case.

The judge in December issued an order blocking the entire law from taking effect while the court challenge moves forward.

The group can't appeal that order because they aren't intervenors. South Dakotans for Integrity says the majority of voters who enacted the measure have the right to be represented by advocates whose allegiance is "unquestionable."

Those bringing the lawsuit contend that provisions in the law are unconstitutional. The attorney general's office is defending it.


Aaron Hernandez expected in court as murder trial nears
Topics in Legal News | 2017/01/18 15:37
Former NFL star Aaron Hernandez is expected in a Boston courtroom for a pretrial hearing in his upcoming double murder trial.

Hernandez is accused of killing two men he encountered at a Boston nightclub in 2012. Prosecutors say the former New England Patriots tight end followed the men and opened fire on their car at a stop light after one of them accidentally bumped into Hernandez and spilled his drink.

Hernandez is due in Suffolk Superior Court Thursday, when a judge is expected to hear arguments on defense motions. Hernandez's trial is scheduled to begin next month.

Hernandez has pleaded not guilty. He's already serving a life sentence in the 2013 killing of semi-professional football player Odin Lloyd.


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