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The Latest: New Mexico court blocks straight-ticket option
Court Watch | 2018/09/12 14:15
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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Legal Business | 2018/09/11 14:14
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The Latest: Authorities: Officer arrested for manslaughter
Court Watch | 2018/09/10 15:17
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.



The Latest: Bolton says international court 'dead to us'
Breaking Legal News | 2018/09/10 15:17
The United States is pledging to use "any means necessary" to protect American citizens and allies from International Criminal Court prosecution.

President Donald Trump's national security adviser, John Bolton, says the court is "illegitimate" and "for all intents and purposes, the ICC is already dead to us."

Bolton delivered his remarks Monday to the conservative Federalist Society in Washington. He says that the court threatens the "constitutional rights" of Americans and U.S. sovereignty.

The ICC, which is based in the Hague, has a mandate to prosecute war crimes, crimes against humanity and genocide.

President Bill Clinton signed the Rome Statute that established the court, but his successor, George W. Bush, renounced the signature, citing fears that Americans would be unfairly prosecuted for political reasons.

The State Department is announcing the closure of the Palestine Liberation Organization office in Washington.

The department says that the PLO "has not taken steps to advance the start of direct and meaningful negotiations with Israel."

It accuses the Palestinian leadership of condemning a yet-to-be-released Trump administration plan to forge peace between Israel and the Palestinians. It also contends that the PLO is refusing to engage with the U.S. government on peace efforts.

In its statement Monday, the department says its decision is also consistent with administration and congressional concerns with Palestinian attempts to prompt an investigation of Israel by the International Criminal Court.


Audit: West Virginia Supreme Court skirted pay law
Insurance | 2018/09/09 15:17
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.



Pipeline company found guilty in 2015 California oil spill
Breaking Legal News | 2018/09/07 15:17
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.


India’s Supreme Court strikes down law that punished gay sex
Court Watch | 2018/09/07 15:17
India’s Supreme Court on Thursday struck down a colonial-era law that made gay sex punishable by up to 10 years in prison, a landmark victory for gay rights that one judge said would “pave the way for a better future.”

The 1861 law, a relic of Victorian England that hung on long after the end of British colonialism, was a weapon used to discriminate against India’s gay community, the judges ruled in a unanimous decision.

“Constitutional morality cannot be martyred at the altar of social morality,” Chief Justice Dipak Misra said, reading the verdict. “Social morality cannot be used to violate the fundamental rights of even a single individual.”

As the news spread, the streets outside the courthouse erupted in cheers as opponents of the law danced and waved flags.

“We feel as equal citizens now,” said activist Shashi Bhushan. “What happens in our bedroom is left to us.”

In its ruling, the court said sexual orientation was a “biological phenomenon” and that discrimination on that basis violated fundamental rights.

“We cannot change history but can pave a way for a better future,” said Justice D.Y. Chandrachud.

The law known as Section 377 held that intercourse between members of the same sex was against the order of nature. The five petitioners who challenged the law said it was discriminatory and led to gays living in fear of harassment and persecution.

Jessica Stern, the executive director of the New York-based rights group OutRight Action International, said the original law had reverberated far beyond India, including in countries where gay people still struggle for acceptance.

“The sodomy law that became the model everywhere, from Uganda to Singapore to the U.K. itself, premiered in India, becoming the confusing and dehumanizing standard replicated around the world,” she said in a statement, saying “today’s historic outcome will reverberate across India and the world.”

The court’s ruling struck down the law’s sections on consensual gay sex, but let stand segments that deal with such issues as bestiality.


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