Alaska Supreme Court rules bonding plan is unconstitutional

Court News 2020/09/05 09:08   Bookmark and Share
The Alaska Supreme Court on Friday rejected as unconstitutional former Gov. Bill Walker’s proposal to use bonding to pay Alaska’s oil and gas tax credit obligations. The court, in a written ruling, said the plan, which was approved by the Legislature in 2018, is “unconstitutional in its entirety.”

The bill passed by lawmakers approved the creation of a state corporation that would be empowered to sell up to $1 billion in bonds to pay off remaining tax credit obligations. The Legislature previously voted to end the tax credit program geared toward small producers and developers, saying that the program had become unaffordable.

The state constitution limits the power to incur state debt. But a 2018 legal opinion by then-Attorney General Jahna Lindemuth said the proposed bonds would not be considered state debt subject to the constitutional restraints because they would be “subject-to-appropriation” bonds and contingent upon annual legislative appropriation decisions.

Superior Court Judge Jude Pate dismissed the lawsuit brought by resident Eric Forrer, who had challenged the bonding plan. Forrer appealed.

The Alaska Supreme Court, in its decision, said subject-to-appropriation bonds are “contrary to the plain text of the Alaska Constitution and the framers' intent.”

“If the State intends to utilize financing schemes similar to HB 331 in the future, it must first seek approval from the people — if not through a bond referendum then through a constitutional amendment,” the opinion states. HB 331 refers to the bonding bill.

Joe Geldhof, an attorney for Forrer, said “the real winner here" is Alaska's constitution and the citizens of the state who won't incur “needless debt based on a scheme.”

Gov. Mike Dunleavy's office, in a statement, said the departments of Revenue and Law are reviewing the decision to understand its impacts.
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Thai court issues new arrest warrant for Red Bull scion

Court News 2020/08/23 18:17   Bookmark and Share
A Thai court issued a new arrest warrant on Tuesday for an heir to the Red Bull energy drink fortune, a month after news of the dropping of a long-standing charge against him caused widespread anger.

Assistant National Police Chief Lt. Gen. Jaruwat Waisay confirmed that Vorayuth Yoovidhya, commonly known by the nickname “Boss,” faces charges of causing death by negligent driving and use of a narcotic substance.

“This was the recommendation by the police committee investigating the case," he said by phone. "We are confident that we can move forward on this, otherwise this decision would not have been made.”

Vorayuth is the grandson of Chaleo Yoovidhya, one of the creators of the globally famous Red Bull brand. Forbes puts the family’s net worth at $20 billion.

Around dawn on Sept. 3 , 2012, Vorayuth was at the wheel of a Ferrari that struck the back of a traffic policeman’s motorcycle on a main Bangkok road. The officer was flung from his motorbike and died at the scene, while Vorayuth drove home.

The family does not dispute he was the driver but says the policeman caused the crash by veering suddenly across his path. A forensic examination at the time put his speed at around 177 kilometers (110 miles) per hour in an 80 kilometers (50 miles) per hour zone, and medical tests allegedly found traces of cocaine in his bloodstream.

For years Boss avoided court by not turning up to meet prosecutors. Meanwhile, the number of charges against him dwindled due to the statute of limitations.

After an AP investigation revealed that he was continuing to live a globetrotting life, using private jets to party around the world and staying in the family's luxurious properties, authorities finally issued an arrest warrant for causing death by reckless driving in April 2017.
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9th Circuit ends California ban on high-capacity magazines

Court News 2020/08/15 09:51   Bookmark and Share
A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California’s ban on high-capacity ammunition magazines, saying the law violates the U.S. Constitution’s protection of the right to bear firearms.

“Even well-intentioned laws must pass constitutional muster,” appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.”

He noted that California passed the law “in the wake of heart-wrenching and highly publicized mass shootings,” but said that isn’t enough to justify a ban whose scope “is so sweeping that half of all magazines in America are now unlawful to own in California.”

California Attorney General Xavier Becerra’s office said it is reviewing the decision and he “remains committed to using every tool possible to defend California’s gun safety laws and keep our communities safe.”

Gun owners cannot immediately rush to buy high-capacity magazines because a stay issued by the lower court judge remains in place.

But Becerra did not say if the state would seek a further delay of Friday’s ruling to prevent an immediate buying spree if the lower court judge ends that restriction. Gun groups estimated that more than a million high-capacity ammunition magazines may have legally flooded into California during a one-week window before the judge stayed his ruling three years ago.

Becerra also did not say if he would ask a larger 11-judge appellate panel to reconsider the ruling by the three judges, or if he would appeal to the U.S. Supreme Court.

Gov. Gavin Newsom, who championed the magazine ban when he was lieutenant governor, defended the law as a vital gun violence prevention measure.

“I think it was sound, I think it was right, and ... the overwhelming majority of Californians agreed when they supported a ballot initiative that we put forth,” he said Friday.

California Rifle & Pistol Association attorney Chuck Michel called Friday’s decision “a huge victory” for gun owners “and the right to choose to own a firearm to defend your family,” while a group that favors firearms restrictions called it ”dangerous” and expects it will be overturned.

The ruling has national implications because other states have similar restrictions, though it immediately applies only to Western states under the appeals court’s jurisdiction.
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High court: Rhode Island mail-in voters don't need witnesses

Court News 2020/08/12 09:52   Bookmark and Share
The U.S. Supreme Court on Thursday left in place an agreement that allows Rhode Island residents to vote by mail through November's general election without getting signatures from two witnesses or a notary.

State officials had agreed to suspend the witness requirement because of the coronavirus pandemic. They have said that fulfilling the requirement, which has been in place since at least 1978, results in close contact between voters and others, which could expose people to the virus.

The high court rejected an effort by the Republican National Committee and the Republican Party of Rhode Island to put the agreement on hold, noting that “no state official has expressed opposition.”

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would have granted the Republicans’ request.

Rhode Island allows voters to request to vote by mail for any reason, and the coronavirus has resulted in an enormous increase in mail-in voting. Nationwide, a surge in voting by mail is expected for the November general election because of the pandemic, and money to help the Postal Service process the anticipated increase has been a sticking point in talks for a virus relief package. President Donald Trump said Thursday he opposes additional funding.

Rhode Island is one of approximately a dozen states that require mail-in ballot envelopes to be signed by one or more witnesses or a notary. Republicans in Rhode Island argued that witness requirements deter voter fraud, though elections experts say voter fraud is rare. And they said the state is already allowing 20 days of early voting that will reduce the number of people who go to the polls on Election Day and has put in place other protections for voters and poll workers.

The case arose after Rhode Island Gov. Gina Raimondo, a Democrat, in April suspended the so-called two witness requirement for the state’s June 2 presidential primary.

In July, the American Civil Liberties Union brought a lawsuit on behalf of Common Cause Rhode Island, the League of Women Voters of Rhode Island and others in an effort to extend the suspension.

State officials ultimately agreed to keep the requirement suspended for the Sept. 8 primary and Nov. 3 general election. Republicans objected, but a judge approved the agreement.
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Court overturns Boston Marathon bomber’s death sentence

Court News 2020/08/01 09:29   Bookmark and Share
A federal appeals court Friday threw out Dzhokhar Tsarnaev’s death sentence in the 2013 Boston Marathon bombing, saying the judge who oversaw the case did not adequately screen jurors for potential biases.

A three-judge panel of the 1st U.S. Circuit Court of Appeals ordered a new penalty-phase trial on whether the 27-year-old Tsarnaev should be executed for the attack that killed three people and wounded more than 260 others.

“But make no mistake: Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution,” Judge O. Rogeriee Thompson wrote in the ruling, more than six months after arguments were heard in the case.

An attorney for Tsarnaev said they are grateful for the court’s “straightforward and fair decision: if the government wishes to put someone to death, it must make its case to a fairly selected jury that is provided all relevant information.”

“It is now up to the government to determine whether to put the victims and Boston through a second trial, or to allow closure to this terrible tragedy by permitting a sentence of life without the possibility of release,” David Patton said in an email.

A spokesperson for the U.S. Attorney’s office in Boston said they were reviewing the opinion and had no immediate comment. Prosecutors could ask the full appeals court to hear the case or go straight to the U.S. Supreme Court.

The mother of Krystle Campbell, the 29-year-old killed in the attack, expressed outrage at the court’s decision.

“I just don’t understand it,” Patricia Campbell told  The Boston Globe. “It’s just terrible that he’s allowed to live his life. It’s unfair. He didn’t wake up one morning and decide to do what he did. He planned it out. He did a vicious, ugly thing.”

Former Massachusetts Bay Transportation Authority officer Dic Donohue, who was severely injured in a gunfight with the brothers, said the ruling was not surprising to him.

“And in any case, he won’t be getting out and hasn’t been able to harm anyone since he was captured,” he tweeted.

Tsarnaev’s lawyers acknowledged at the beginning of his trial that he and his older brother, Tamerlan Tsarnaev, set off the two bombs at the marathon finish line. But they argued that Dzhokar Tsarnaev is less culpable than his brother, who they said was the mastermind behind the attack.
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Justice Ginsburg says cancer has returned, but won’t retire

Court News 2020/07/19 08:18   Bookmark and Share
Justice Ruth Bader Ginsburg said Friday she is receiving chemotherapy for a recurrence of cancer, but has no plans to retire from the Supreme Court.

The 87-year-old Ginsburg, who has had four earlier bouts with cancer including pancreatic cancer last year, said her treatment so far has succeeded in reducing lesions on her liver and she will continue chemotherapy sessions every two weeks “to keep my cancer at bay.”

“I have often said I would remain a member of the Court as long as I can do the job full steam. I remain fully able to do that,” Ginsburg said in a statement issued by the court.

Ginsburg, who was appointed by President Bill Clinton in 1993, is the senior liberal justice on a court that leans conservative by a 5-4 margin. Her departure before the election could give President Donald Trump the chance to shift the court further to the right.

Ginsburg’s history with cancer goes back more than 20 years. In addition to being treated without surgery for a tumor on her pancreas last year, she also underwent surgery for colorectal cancer in 1999, pancreatic cancer in 2009 and lung cancer in December 2018.

Dr. Alan Venook, a pancreatic cancer specialist at the University of California, San Francisco, who is not involved in Ginsburg’s care, said that “clearly, she’s got incurable disease now” because of the spread to her liver.

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