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High court won't hear challenge to Vermont campaign law
Court Watch |
2015/01/12 15:29
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The Supreme Court won't hear a challenge to part of Vermont's campaign finance laws that impose contribution limits on political action committees.
The justices on Monday declined to hear an appeal from the Vermont Right to Life Committee, an anti-abortion group. The group argued that Vermont's campaign finance registration, reporting and disclosure requirements for PACs were too broad and unconstitutional.
The group argued that a subcommittee it created should not be subject to Vermont's $2,000 limit on contributions to PACs because the subcommittee does not give money directly to candidates and makes only independent expenditures.
But a federal judge rejected those arguments, finding that there was no clear accounting between the two committees. A federal appeals court agreed.
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US Supreme Court takes case, but plaintiff missing
Court Watch |
2014/12/31 08:51
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When the U.S. Supreme Court agreed to take Bobby Chen's case involving a run-down Baltimore row house razed by the city, it looked past the fact he was too poor to pay the court's filing fee and had no attorney. But now Chen can't be found, something unheard of at the nation's highest court.
The Supreme Court agrees to take less than 1 percent of the roughly 10,000 petitions it receives every year, but it was even rarer for the court to take a case like Chen's. On average, the court takes just 10 petitions a year like his, in which the party making the request is too poor to pay the court's $300 filing fee.
But since the court agreed to take Chen's case in November, he hasn't surfaced. Dec. 22 was Chen's deadline to mail his main legal brief in the case. The court hadn't heard from him as of Tuesday, said Supreme Court spokeswoman Kathy Arberg.
The court's Clerk's Office, which corresponds with parties who have a case before the court, has tried to reach Chen by letter and email. But it's not clear he got the messages, Arberg said. And he didn't list a phone number when he asked the court to take his case. The Associated Press also tried to reach Chen by email, but the message bounced back as undeliverable. Efforts to find a telephone number were also unsuccessful. |
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Woman at center of 1961 Supreme Court case dies
Court Watch |
2014/12/11 10:59
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A woman who stood up to police trying to search her Ohio home in 1957 and ultimately won a landmark Supreme Court decision on searches and seizures has died.
Dollree Mapp died Oct. 31 in Conyers, Georgia. A relative and caretaker, Carolyn Mapp, confirmed her death Wednesday and said she died on the day after her birthday at the age of 91.
Mapp's Supreme Court case, Mapp v. Ohio, is a staple of law school textbooks and considered a milestone case on the Fourth Amendment, which requires law enforcement officers to get a warrant before conducting a search. The case curbed the power of police by saying evidence obtained by illegal searches and seizures could not be used in state court.
Mapp's path to the U.S. Supreme Court began on May 23, 1957, when three Cleveland police officers arrived at her home. There had just been a bombing at the home of Don King, who later became famous as a boxing promoter, and police believed that a person wanted for questioning was hiding in Mapp's home. The officers demanded to enter, but Mapp refused to let them in without a search warrant. More officers later arrived and police forced open a door, according to a summary of the case in the Supreme Court opinion.
When the officers confronted Mapp, one held up a piece of paper, claiming it was a warrant, and Mapp snatched it away. After a struggle an officer got the paper back, Mapp was handcuffed for being "belligerent," and officers searched her home. They didn't find the person they were looking for, but they did find some pornographic books and pictures. At the time, an Ohio law made having obscene material a crime, and Mapp was convicted, though she said the materials belonged to a former boarder. Prosecutors never produced a search warrant at trial.
Ultimately, the Supreme Court overturned Mapp's conviction in a 6-3 decision, ruling in 1961 that illegally obtained evidence could not be used in state court. The court had previously ruled that this was the case in federal court, but Mapp's case extended the "exclusionary rule" to states where the vast majority of criminal prosecutions take place, broadening the protection. |
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Post reporter charged in Iran after day in court
Court Watch |
2014/12/08 13:01
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A Washington Post reporter detained in Iran for more than four months was formally charged Saturday after a day-long proceeding in a Tehran courtroom, the newspaper reported.
Jason Rezaian, the newspaper's bureau chief in Tehran since 2012, appeared in court almost five months after he was arrested July 22. The charges were the first against him since the arrest, the Post said. He is an Iranian-American who holds dual citizenship.
The newspaper, quoting a source familiar with the case, said the nature of the charges against him were not immediately clear to those not present in the courtroom. The State Department has repeatedly raised the subject of Rezaian and other Americans jailed in Iran during talks with the government about a deal to curb Iran's nuclear capacity and ease international sanctions.
The State Department tweeted early Sunday that Secretary of State John Kerry was "disappointed and concerned" with the latest developments and called on the Iranian government to drop any charges against Rezaian "and release him so he can be reunited with his family."
His detention has been extended to mid-January in recent days because the investigation is continuing, the Post said. |
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Court: IURC erred in approving Duke fee hike
Court Watch |
2014/09/09 15:53
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The Indiana Court of Appeals has determined that state utility regulators wrongly approved $61 million in ratepayer fees for the Edwardsport coal gasification plant.
Duke Energy is seeking the money to cover construction costs for the new plant. But Appeals Court Judge James Kirsch wrote in an opinion issued Monday that members of the Indiana Utility Regulatory Commission should have better analyzed arguments from Duke Energy and plant opponents before approving the fee increase.
Duke officials have said a three-month delay led to increased project costs. But opponents led by the Citizens Action Coalition have argued that IURC regulators have been "rubber-stamping" fees and a rate hike sought by Duke.
The case is one of many surrounding the Edwardsport plant that is locked in battle inside the Indiana courts. |
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Ohio to court: Privatizing prisons in budget is legal
Court Watch |
2014/09/07 15:53
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State lawyers tell the Ohio Supreme Court that using a budget bill to privatize state prisons didn’t violate a constitutional provision holding bills to a single subject.In a brief filed today, Ohio said the state’s budget, like any family’s, involves both revenues and expenses — not just appropriations.
The filing comes in a legal dispute with the Ohio Civil Service Employees Association. The prison workers’ union filed suit over privatization in 2012, contending that lawmakers extended beyond the single-subject rule when they used the budget to sell a state prison and turn others over to private operators.
An appellate court agreed, finding in October there was no “rational relationship” between the privatization plan and state spending.The state says privatization saved Ohio money and so had “obvious budget connections.” |
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Court: US can withhold Guantanamo detainee images
Court Watch |
2014/09/02 16:32
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The U.S. government can withhold photographs and videotapes of a Guantanamo Bay detainee identified as the would-be 20th hijacker in the Sept. 11 terror attacks, a federal appeals court ruled Tuesday.
The 2nd U.S. Circuit Court of Appeals in Manhattan agreed with the government that images of Mohammed al-Qahtani, if made public, "could logically and plausibly be used by anti-American extremists as propaganda to recruit members and incite violence against American interests at home and abroad."
Authorities have said al-Qahtani narrowly missed being one of the hijackers when he was denied entry into the U.S. at an Orlando, Florida, airport a month before the attacks. He was captured by Pakistani forces in December 2001 and taken to Guantanamo, where he remains.
The Center for Constitutional Rights sued the departments of Defense and Justice and the CIA in 2012, saying the release of videotapes and photographs of his interrogation and confinement would serve the public interest. The group has accused FBI and military personnel of subjecting al-Qahtani to isolation and aggressive interrogation techniques in 2002, including the use of a snarling dog, stripping him naked in the presence of a woman and repeatedly pouring water on his head. |
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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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