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Judge won't halt Pa. voter identification law
Court Watch |
2012/08/15 10:48
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A tough new voter identification law championed by Republicans can take effect in Pennsylvania for November's presidential election, a judge ruled Wednesday, despite a torrent of criticism that it will suppress votes among President Barack Obama's supporters and make it harder for the elderly, disabled, poor and young adults to vote.
Commonwealth Court Judge Robert Simpson said he would not grant an injunction that would have halted the law, which requires each voter to show a valid photo ID. Opponents are expected to file an appeal within a day or two to the state Supreme Court as the Nov. 6 election looms.
"We're not done, it's not over," said Witold J. Walczak, an American Civil Liberties Union lawyer who helped argue the case for the plaintiffs. "It's why they make appeals courts."
The Republican-penned law — which passed over the objections of Democrats — has ignited a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest. Plaintiffs, including a 93-year-old woman who recalled marching with Martin Luther King Jr. in 1960, had asked Simpson to block the law from taking effect in this year's election as part of a wider challenge to its constitutionality.
Republicans defend the law as necessary to protect the integrity of the election. But Democrats say the law will make it harder for people who lack ID for valid reasons to vote.
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Gay marriage ban backers seek Supreme Court review
Court Watch |
2012/08/03 11:46
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Backers of California's ban on same-sex marriages asked the U.S. Supreme Court on Tuesday to overrule a federal appeals court that struck down the measure as unconstitutional, a move that means the bitter, four-year court fight over Proposition 8 could soon be resolved.
Lawyers for the coalition of religious conservative groups that sponsored the voter-approved ban petitioned the Supreme Court to review the lower court's finding that the 2008 amendment to the state constitution violated the civil rights of gay and lesbian Californians. The request had been expected since a panel of the 9th U.S. Circuit Court of Appeals issued its 2-1 decision earlier this year.
If the high court declines to take the case, it would clear the way for same-sex marriages to resume in California. Gay couples could get married in the state for several months before Proposition 8 passed, a right the measure was designed to take away. Same-sex couples still have the rights and benefits of marriage controlled by state law if they register as domestic partners.
The divided appeals court panel cited those conditions, which were unique to California at the time, as grounds for striking down the ban as a violation of the U.S. Constitution's promise of equal protection. But it also went out of its way to state it was not saying similar bans in six other states it oversees were inherently unconstitutional.
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Tenn. court says convicted killer can keep money
Court Watch |
2012/07/20 11:50
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A Tennessee appeals court has reluctantly ruled that a Johnson City man convicted of killing his wife in a bathtub for the insurance money can keep $200,000 in life insurance proceeds.
The Knoxville News Sentinel reported Wednesday that the Tennessee Court of Appeals agreed with a trial court's decision to let Dale Keith Larkin keep the life insurance proceeds he collected in a settlement with the daughter of his wife, Teresa Larkin, who was found dead in a bathtub in 2003.
"This court is not happy with the results of our decision," wrote Appellate Judge D. Michael Swiney in the opinion released last week.
Teresa Larkin's body was found by her then-11-year-old daughter, Tia Gentry, in the bathtub of the Johnson City home she shared with her stepfather, Dale Keith Larkin.
The Johnson City Police Department continued to work the case and in 2009 convinced prosecutors to have her body exhumed. A second autopsy revealed that she had suffered 21 separate injuries, including a broken sternum and bone breaks in her arms, before she was found drowned in the bathtub.
Charges were filed against Dale Larkin and in February 2011 he was convicted in her death. He is now serving a life sentence.
Gentry filed a lawsuit alleging her stepfather tricked her into a settlement in the life insurance case by claiming he was innocent in her mother's death. She also cited a Tennessee law, also known as the "slayer's statute," that bars people convicted of murder from inheriting property from the victim. |
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NY court: Gay marriage caucus didn't break rules
Court Watch |
2012/07/06 15:30
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A state appeals court rejected a challenge to New York's year-old same-sex marriage law Friday, ruling closed-door negotiations among senators and gay marriage supporters including Gov. Andrew Cuomo did not violate any laws.
The Appellate Division of state Supreme Court in Rochester ruled against gay marriage opponents who argued that Republican state senators violated New York's open meeting rules ahead of the law's passage last year.
The marriage law was given final legislative approval by the state Senate after weeks of intensive lobbying and swiftly signed by Cuomo, making New York the largest state to legalize same-sex weddings. Same-sex couples began marrying by the hundreds on July 24, 2011, the day the law became official.
"The court's decision affirms that in our state, there is marriage equality for all, and with this decision New York continues to stand as a progressive leader for the nation," Cuomo said after the court's ruling.
New Yorkers for Constitutional Freedoms said Cuomo and another gay marriage supporter, New York City Mayor Michael Bloomberg, met behind closed doors with the Senate's Republican majority in violation of the open meeting law. |
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Cal Supreme Court rules in child death case
Court Watch |
2012/07/06 15:26
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Welfare officials can take children from parents who negligently cause the death of a son or daughter, such as failing to place them in a car seat, even if there was no criminal harm, the California Supreme Court ruled.
The court ruled Thursday that a "breach of ordinary care" with fatal results is enough reason for child welfare agencies to act because it poses an inherent concern for the safety of siblings, the Los Angeles Times ( http://lat.ms/Rp6CCN) reported.
"When a parent's or guardian's negligence has led to the tragedy of a child's death, the dependency court should have the power to intervene," Justice Marvin R. Baxter wrote for the court.
"It's a big case for us, and it is a big case for the child welfare community," said Assistant County Counsel James M. Owens, who represented the Los Angeles County Department of Children and Family Services.
The case involved the 2009 death of an 18-month-old girl in South Los Angeles. Her father was driving her to a hospital after she fell off a bed and hurt her arm, according to court documents.
The baby was sitting on her aunt's lap when another car ran a stop sign and hit their vehicle.
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La. high court upholds murder conviction
Court Watch |
2012/07/03 02:17
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The Louisiana Supreme Court has upheld the conviction of a woman in the shooting death of her live-in boyfriend in 2009.
The Advocate reports that Mary Henderson Trahan was convicted of second-degree murder in Lafayette Parish in 2010 in the death of George Barbu.
An appeals court ruled the evidence did not support her conviction. Prosecutors appealed.
The Supreme Court this week said a rational juror could find from the evidence that Trahan had "specific intent to kill or to inflict great bodily harm" to Barbu.
Trahan had claimed she accidentally shot Barbu after she slipped and fell while holding a gun.
The Supreme Court said jurors heard no evidence to support Trahan's claim.
Trahan faces up to life in prison when she is sentenced. |
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