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Number of uncounted ballots in Minn. still unclear
Law Center |
2008/12/30 01:34
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The campaigns of Republican Norm Coleman and Democrat Al Franken wrangled Monday over hundreds of unopened absentee ballots that could still tip Minnesota's Senate race. Lawyers ended a testy public negotiation session convened by the secretary of state's office without agreement on which ballots to open or how many should be under consideration. That leaves the heavy lifting to a series of regional meetings that begin Tuesday. The ballots that make the cut at those meetings will be opened in St. Paul by Monday. Those ballots are important because Franken leads Coleman by just 47 votes after the manual review of more than 2.9 million ballots. The absentee ballots in question were incorrectly rejected by poll judges on or before Election Day, mostly because of clerical errors outside the four legal reasons for rejection. The state board overseeing the recount ordered that the ballots be counted, and the state Supreme Court agreed — although justices added a few wrinkles. A majority ruled that either campaign can keep any ballot out of the mix with a written objection, leaving spurned voters the option of going to court to reinstate their ballot. Local officials identified some 1,350 rejected ballots they now say should count, but Coleman's campaign suggested there are an additional 650 that should be added. |
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Blagojevich lawyer to submit Obama report to panel
Law Center |
2008/12/29 01:07
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The lead attorney for Gov. Rod Blagojevich said he plans to submit President-elect Barack Obama's internal report on contacts with the scandal-plagued governor to the Illinois House committee weighing impeachment. Attorney Ed Genson told the Chicago Sun-Times on Sunday the report would support Blagojevich's claims that he hasn't done anything wrong in his handling of Obama's vacant U.S. Senate seat. Earlier in the week, Obama released the internal report supporting his insistence that there had been no inappropriate contact with the governor's office by Obama or his staff. State Rep. Barbara Flynn Currie, chairwoman of the committee, said Sunday that Genson's request to submit the report would probably be approved. But she expressed skepticism that the report would prove the governor's innocence. "Maybe in this particular instance someone didn't run a stop sign, but it doesn't say they didn't run a different stop sign," she said. |
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Feds rights to baseball drug tests back in court
Law Center |
2008/12/19 08:45
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Federal appeals judges voiced skepticism Thursday that prosecutors had the right to seize urine samples of more than 100 major league players not originally involved in the BALCO drug investigation. In a case dealing with the government's search-and-seizure power in the digital age, an 11-member panel of the 9th U.S. Circuit Court of Appeals must decide whether prosecutors legally seized the names and urine samples of 104 players during a raid in April 2004. "There has to be limits when the government seizes vast amount of information on a computer," Major League Baseball Players Association lawyer Elliot Peters said. The federal agents who took the material from the Long Beach-based Comprehensive Drug Testing Inc. had a search warrant for the test results of just 10 players, but discovered on a computer spreadsheet the test results of additional players. The players' association went to court, and lower-court judges ruled the additional names were seized illegally. A three-judge panel of the 9th Circuit reversed those decisions twice in 2-1 votes, but the entire 9th Circuit set the reversal aside and decided to hear the case en banc. |
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Mass. court reprimands judge libeled by newspaper
Law Center |
2008/12/18 08:46
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Massachusetts' top court has publicly reprimanded a judge who wrote threatening letters to the publisher of the Boston Herald after he won a $2 million libel judgment against the paper. The Supreme Judicial Court's punishment for Judge Ernest Murphy is slightly less severe than the public censure and $25,000 fine recommended by the state's Commission on Judicial Conduct. The SJC did order Murphy to reimburse the commission for its costs. The case began in 2002, after the Herald published a series of stories depicting Murphy as soft on crime. Several quoted Murphy as saying a young rape victim should "get over it." Murphy won his lawsuit, then wrote threatening letters to the Herald publisher demanding payment. Murphy agreed in August to step down from the bench, citing health problems brought on by the stress of the case. |
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Justices chide California-based appeals court
Law Center |
2008/12/02 09:22
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The Supreme Court took aim at one of its favorite targets Tuesday, criticizing a California-based federal appeals court for its ruling in favor of a criminal defendant. The justices threw out a decision by the San Francisco-based 9th U.S. Circuit Court of Appeals in the case of Michael Robert Pulido, who was convicted for his role in robbing a gas station and killing the defendant. A U.S. District Court judge set aside Pulido's conviction because the trial judge in the case gave the jury improper instructions. The high court said in an unsigned opinion that the appeals court ruling affirming the federal judge's action used faulty reasoning. The justices did not reinstate Pulido's conviction. Justices John Paul Stevens, Ruth Bader Ginsburg and David Souter agreed that the appeals court made a mistake, but would have affirmed its ruling anyway because the underlying decision in favor of Pulido was correct. Last month, the court overruled the 9th Circuit in an environmental case involving the Navy's use of sonar and its potential harm to whales. |
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Federal judges to rule on Calif. prison crowding
Law Center |
2008/12/01 09:16
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California's day of reckoning has finally come for three decades of tough-on-crime policies that led to overcrowded prisons and unconstitutional conditions for inmates. The federal courts have already found that the prison system's delivery of health and mental health care is so negligent that it's a direct cause of inmate deaths. A special three-judge panel reconvenes Tuesday and is prepared to decide whether crowding has become so bad that inmates cannot receive proper care. If they do, the panel will decide if lowering the inmate population is the only way to fix the problems. That could result in an order to release tens of thousands of California inmates before their terms are finished, a move Gov. Arnold Schwarzenegger and Republican lawmakers say would endanger public safety. "The time has come: The extreme, pervasive and long-lasting overcrowding in California prisons must be addressed," attorney Michael Bien, representing inmates, told the judges during the opening of the trial. Bien and other civil rights attorneys want the panel to order the prison population cut from 156,300 inmates to about 110,000. That still would be above the capacity of California's 33 state prisons, which were designed to hold fewer than 100,000 inmates. |
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Protesters rally near Texas court in dragging case
Law Center |
2008/11/17 09:01
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Protesters galvanized by a dragging death that has stirred memories of the notorious James Byrd case rallied twice outside an eastern Texas courthouse to speak out against a judicial system they consider racist. About 60 people, led by a contingent from the New Black Panther Party and the Nation of Islam, met at the Lamar County Courthouse on Monday to bring attention to the death of Brandon McClelland. The groups later returned with about 200 protesters. Afterward, dozens of people chanting "No justice, no peace!" marched to a nearby church for a meeting. Authorities say two white suspects purposely ran over McClelland, who is black, following an argument on the way home from a late-night beer run in September. McClelland's body was torn apart as it was dragged some 70 feet beneath a pickup truck near Paris, a city about 95 miles northeast of Dallas with a history of tense relations between blacks and whites. The death came 10 years after James Byrd was killed in Jasper, another eastern Texas town. Byrd was chained to the back of a pickup by three white men and dragged for three miles. |
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