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Supreme Court wrestles with non-unanimous juries case
Bankruptcy |
2020/12/02 12:40
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The Supreme Court on Wednesday struggled with whether to require new trials for potentially thousands of prisoners in Louisiana and Oregon who were convicted by non-unanimous juries before the court barred the practice last year.
The high court last year ruled 6-3 that juries in state criminal trials must be unanimous to convict a defendant. Previously, Louisiana and Oregon as well as the U.S. territory of Puerto Rico had allowed divided votes to result in convictions. Now, juries everywhere must vote unanimously to convict.
But the Supreme Court's decision last year affected only future cases and cases in which the defendants were still appealing their convictions when the high court ruled. The question for the court now is whether the decision should be made retroactive. That would benefit prisoners convicted by non-unanimous juries whose cases were final before last year's ruling.
Several justices noted the very high bar past cases have set to making a new rule retroactive while also suggesting this case might clear it. “Why isn't unanimity basic?” Justice Stephen Breyer asked during arguments the court heard by phone because of the coronavirus pandemic. “How could it be that a rule like that does not have retroactive effect?” Justice Elena Kagan asked.
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Pennsylvania high court rejects lawsuit challenging election
Bankruptcy |
2020/11/29 14:31
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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. |
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Biden win over Trump in Nevada made official by court
Breaking Legal News |
2020/11/25 10:56
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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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Our Firm Covers Bankruptcy in the Wake of COVID-19
Breaking Legal News |
2020/11/23 00:45
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Bankruptcy Law Chicago - Bankruptcy Lawyer | Daniel J. Winter
Being a practicing attorney for 30 years, I have been honing my skills every day. In these 30 years, I’ve met with hundreds of clients, and learned how to listen, then how to develop a specific financial plan based on my experience in the Bankruptcy Court.
Not just hear, but actually listen to the clients and hear what they want, their goals, and needs.
These listening skills help me have real-world conversations with my clients. I have detailed discussions about a topic that most people won’t talk about with their own family or friends, money. I let people bare their souls about what has happened to them, and how they have handled their struggles. I listen and learn from them about their businesses, their jobs and their life. I then make sense of it all, and untangle the web of loans, credit cards, mortgages, car loans, medical debt, and personal loans. We talk about all of the options available, both in Bankruptcy Court and out of it.
Using my legal knowledge of the Bankruptcy Court system, and real-world experience, I can then counsel clients on how to prepare for Bankruptcy, the requirements, and best timing for filing for Bankruptcy Relief. This is where my legal experience comes into play. I also can offer my own everyday life experience and offer practical suggestions!
Navigating Bankruptcy Court is different than other Courts in that every case is assigned a Trustee, who conducts a hearing to review their Bankruptcy Petition. The Trustee is the person who reviews each case to determine whether there are issues to bring to the Court’s attention. I have strong working relationships with each Trustee in the Northern District of Illinois. These relationships are based on decades of dealings with each Trustee. In each interaction, my integrity, my work-ethic, and preparedness shows. And the Trustees remember the quality of my work, which benefits each of my clients. |
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US government executes man convicted of killing Texas teen
Breaking Legal News |
2020/11/20 00:46
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Orlando Hall got stiffed on a drug deal and went to a Texas apartment looking for the two brothers who took his money. They weren’t home, but their 16-year-old sister was.
Late Thursday, Hall was put to death for abducting and killing the teenager, Lisa Rene. His was the eighth federal execution this year since the Trump administration revived a process that had been used just three times in the past 56 years. A judge’s stay over concerns about the execution drug gave Hall a reprieve, but for less than six hours. After the Supreme Court overturned the stay, he was put to death just before midnight.
Hall, a changed man in prison according to his lawyers and a church volunteer who had grown close to him, was consoling his family and supporters at the end. “I’m OK,” he said in a final statement, then adding, “Take care of yourselves. Tell my kids I love them.”
As the drug was administered, Hall, 49, lifted his head, appeared to wince briefly and twitched his feet. He appeared to mumble to himself and twice he opened his mouth wide, as if he was yawning. Each time that was followed by short, seemingly labored, breaths. He then stopped breathing. Soon after, an official with a stethoscope came into the execution chamber to check for a heartbeat before Hall was officially declared dead.
Hall’s attorneys also had sought to halt the execution over concerns that Hall, who was Black, was sentenced on the recommendation of an all-white jury. The Congressional Black Caucus asked Attorney General William Barr to stop it because the coronavirus “will make any scheduled execution a tinderbox for further outbreaks and exacerbate concerns over the possibility of miscarriage of justice,” according to a letter to Barr.
Meanwhile, another judge ruled Thursday that the U.S. government must delay until next year the first execution of a female federal inmate in almost six decades after her attorneys contracted the coronavirus visiting her in prison. Lisa Montgomery had been scheduled to be put to death on Dec. 8.
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Giuliani shows at Trump camp lawsuit hearing in Pennsylvania
Class Action |
2020/11/17 20:13
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A hearing on the Trump campaign’s federal lawsuit seeking to prevent Pennsylvania officials from certifying the vote results was set to begin Tuesday after a judge denied the campaign’s new lawyer’s request for a delay.
Rudy Giuliani, the former New York City mayor and the president’s personal attorney, entered the federal courthouse in Williamsport to cheers across the street from several dozen supporters of President Donald Trump.
U.S. District Judge Matthew Brann had told lawyers for Donald J. Trump for President Inc. and the counties and state election official it has sued that they must show up and “be prepared for argument and questioning” at the federal courthouse.
Giuliani filed Tuesday morning to represent Trump in the case. He has not entered an appearance in federal court since 1992, according to online court records. That was the year before he was elected mayor.
The Trump campaign wants to prevent certification of results that give President-elect Joe Biden the state’s 20 electoral votes, suing over election procedures that were not uniform across the state. Giuliani has promised a raft of lawsuits and to provide Trump with evidence of voter fraud in the drive to overturn the election result.
Pennsylvania Secretary of State Kathy Boockvar, a Democrat, has asked to have the lawsuit thrown out, calling its allegations in court filings “at best, garden-variety irregularities.”
Brann scheduled the hearing to discuss the campaign’s request for a temporary restraining order as well as the defendants’ request to have the case dismissed.
After Pittsburgh lawyers dropped out of representing Trump’s campaign on Friday, Philadelphia election lawyer Linda Kerns and two Texas lawyers also filed to withdraw Monday.
Camp Hill lawyer Mark Scaringi, a losing candidate in the 2012 Republican U.S. Senate primary, notified the judge he was stepping in but did not get the delay he sought.
The Associated Press has declared Biden the winner of the presidential contest, but Trump has refused to concede and is blocking Biden’s efforts toward a smoother transition of power. With Georgia the only uncalled state, Biden has collected at least 290 electoral votes ? just enough that overturning Pennsylvania’s result would not open an avenue to a second term for Trump.
Biden’s margin in Pennsylvania is now more than 73,000 votes.
There is no evidence of widespread fraud in the 2020 election, and experts say Trump’s various lawsuits have no chance of reversing the outcome in a single state, let alone the election. In fact, election officials from both political parties have stated publicly that the election went well, and international observers confirmed there were no serious irregularities.
The issues Trump’s campaign and its allies have pointed to are typical in every election: problems with signatures, secrecy envelopes and postal marks on mail-in ballots, as well as the potential for a small number of ballots miscast or lost.
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Court weighs challenge to Colorado discrimination law
Breaking Legal News |
2020/11/17 00:52
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A Colorado web designer should not have to create wedding websites for same-sex couples under the state's anti-discrimination law because it would amount to forced speech that violates her religious beliefs, a lawyer told an appeals court Monday.
Kristen Waggoner, a lawyer for Alliance Defending Freedom, told a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver that the issue for designer Lorie Smith, who is a Christian, is the message and not the customer.
“No one should be forced to express a message that violates their convictions,” Waggoner said during the virtual hearing. She is trying to revive a lawsuit challenging the state’s law, which her group also targeted on behalf of Colorado baker Jack Phillips in a case decided in 2018 by the U.S. Supreme Court.
The high court decided the Colorado Civil Rights Commission had acted with anti-religious bias against Phillips after he refused to bake a cake for two men who were getting married. But it did not rule on the larger issue of whether a business can invoke religious objections to refuse service to LGBT people.
On Monday, Chief Judge Timothy Tymkovich asked what Smith would do if she was approached by a straight wedding planner asking her to create four heterosexual wedding sites and one for a same-sex wedding. Waggoner said Smith would not take that job.
Colorado Solicitor General Eric Olson questioned whether Smith should even be allowed to challenge the law since she has not started offering wedding websites yet.
But if she did, he said her argument would mean she would refuse to create a website for a hypothetical same-sex couple named Alex and Taylor but agree to make the same one for an opposite sex couple with the same names. He said that would be discrimination under the Colorado Anti-Discrimination Act, which prohibits discrimination on the basis of sexual orientation. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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