Court rejects challenge to Michigan's emergency manager law

Court News 2016/09/14 15:37   Bookmark and Share
An appeals court on Monday rejected a challenge to Michigan's emergency manager law, saying Gov. Rick Snyder's remedy for distressed communities doesn't violate the constitutional rights of residents.

Emergency managers have exceptional power to run city halls and school districts, while elected officials typically are pushed aside for 18 months or more while finances are fixed. The most significant use of emergency management occurred in Detroit, where Snyder appointed bankruptcy expert Kevyn Orr in 2013. Orr seved for two years.

Critics who sued argued that the law violated a variety of rights — free speech, voting, even protections against slavery — especially in cities with large black populations.

The law might not be the "perfect remedy" but it's "rationally related" to turning around local governments, the 6th U.S. Circuit Court of Appeals said in a 3-0 decision.

"The emergency manager's powers may be vast, but so are the problems in financially distressed localities, and the elected officials of those localities are most often the ones who ... led the localities into their difficult situations," the court said in upholding a decision by U.S. District Judge George Caram Steeh.
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Appeals court sympathetic to voting rules challenge

Court News 2016/09/11 23:46   Bookmark and Share
A federal appeals court seems likely to side with voting rights groups trying to stop Kansas, Georgia and Alabama from making residents prove they are U.S. citizens when registering to vote using a national form.

Judges heard arguments in the case Thursday. At issue is whether to overturn a decision by a U.S. election official who changed the form's proof-of-citizenship requirements at the behest of the three states, without public notice.

People registering to vote in other states need only to swear that they are citizens, not show proof.

Two of the three judges hearing the case suggested the citizenship requirement can pose a tough hurdle for many eligible voters.

A federal judge in July refused to block the requirement while the case is being decided.

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Appeals court refuses to reconsider Wisconsin voter ID cases

Court News 2016/08/27 14:48   Bookmark and Share
A federal appeals court has refused to reconsider a pair of rulings affecting Wisconsin's voter ID law, meaning no more changes to the requirement are likely before the November election.

The 7th U.S. Circuit Court of Appeals on Friday unanimously declined to have a full panel of judges hear appeals of two recent rulings affecting the voter ID requirement and a host of other election-related laws.

The U.S. Supreme Court would have to intervene for any changes to happen before the Nov. 8 election.

The appeals court's upholding the earlier rulings means that Wisconsin voters will have to show an acceptable ID to vote, but those having trouble getting it can get a temporary ID from the Division of Motor Vehicles.

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Judge in Stanford swimmer case switching to civil court

Court News 2016/08/26 14:48   Bookmark and Share
A judge whose six-month sentence in the sexual assault case of a former Stanford swimmer has removed himself from handling criminal matters, but efforts to recall him remain.

Santa Clara County Judge Aaron Persky requested that he be assigned to civil court and that request was approved, the county's Presiding Judge Rise Pinchon said in a statement Thursday.

"While I firmly believe in Judge Persky's ability to serve in his current assignment, he has requested to be assigned to the civil division, in which he previously served," Pichon said. "Judge Persky believes the change will aid the public and the court by reducing the distractions that threaten to interfere with his ability to effectively discharge the duties of his current criminal assignment."

The move is not necessarily permanent. The assignment is subject to an annual review and takes effect Sept. 6.

Pichon said that another judge's desire to transfer to Palo Alto has made a quick swap with Persky possible. Normally such changes don't happen until a new year.

Persky ordered the six-month sentence for Brock Turner, a Dayton, Ohio, resident who had been attending Stanford on a swimming scholarship. The judge cited a probation department recommendation and the effect the conviction will have on Turner's life.

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Court rejects Cosby's attempt to reseal testimony on affairs

Court News 2016/08/16 16:10   Bookmark and Share
A federal appeals court on Monday rejected Bill Cosby's effort to reseal his deposition testimony about extramarital affairs, prescription sedatives and payments to women, saying the documents are now a matter of public knowledge.

The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled that the comedian's appeal was moot. "The contents of the documents are a matter of public knowledge, and we cannot pretend that we could change that fact by ordering them resealed," the court wrote in an opinion.

Cosby's attorneys hoped a ruling in their favor could help them keep the documents from being used in the criminal case against him in Pennsylvania and in the many lawsuits filed around the country by women who accuse him of sexual assault or defamation.

Cosby gave the testimony in 2005 as part of a lawsuit brought against him by Andrea Constand, a Temple University employee who said he drugged and molested her at his home. She later settled for an undisclosed sum, and sensitive documents in the file remained sealed.

In the nearly 1,000-page deposition, the married comic once known as "America's Dad" for his beloved portrayal of Dr. Cliff Huxtable on his top-ranked 1980s TV show, "The Cosby Show," admitted to several extramarital affairs and said he obtained quaaludes to give to women he hoped to seduce.

The documents were released last year on a request from The Associated Press. U.S. District Judge Eduardo Robreno found the public had a right to Cosby's testimony because of his role as a self-appointed "public moralist" and because he had denied accusations he drugged and molested women.

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Ex-officer charged in death of black motorist back in court

Court News 2016/08/14 16:11   Bookmark and Share
A white former police officer charged in the shooting death of a black motorist is returning to a federal courtroom in South Carolina.

U.S. District Judge David Norton has set a Friday hearing on the civil rights charges brought against former North Charleston officer Michael Slager. It's Slager's first appearance in federal court since his arraignment in May.

The federal charges stem from the shooting death of Walter Scott, 50, in April of 2015. Scott, who was unarmed, was fleeing a traffic stop when he was shot. A bystander's video recording of Scott's shooting reignited the national debate about the treatment blacks face at the hands of white police officers.

Slager faces a murder charge in state court in a trial set to begin in October.

The federal indictment charges that Slager, while acting as a law officer, deprived Scott of his civil rights. A second count says he used a weapon, a Glock Model 21 .45-caliber pistol, while doing so.

The third count, charging obstruction of justice, alleges Slager intentionally misled state investigators about what happened during the encounter with Scott.

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