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US appeals court revisits Texas voter ID law
Topics in Legal News | 2016/05/23 22:58
A federal appeals court is set to take a second look at a strict Texas voter ID law that was found to be unconstitutional last year.

Texas' law requires residents to show one of seven forms of approved identification. The state and other supporters say it prevents fraud. Opponents, including the U.S. Justice Department, say it discriminates by requiring forms of ID that are more difficult to obtain for low-income, African-American and Latino voters.

Arguments before the 5th U.S. Circuit Court of Appeals are set for Tuesday morning. The full court agreed to rehear the issue after a three-judge panel ruled last year that the law violates the Voting Rights Act.

Lawyers for Texas argue that the state makes free IDs easy to obtain, that any inconveniences or costs involved in getting one do not substantially burden the right to vote, and that the Justice Department and other plaintiffs have failed to prove that the law has resulted in denying anyone the right to vote.

Opponents counter in briefs that trial testimony indicated various bureaucratic and economic burdens associated with the law — for instance, the difficulty in finding and purchasing a proper birth certificate to obtain an ID. A brief filed by the American Civil Liberties Union cites testimony in other voter ID states indicating numerous difficulties faced by people, including burdensome travel and expenses to get required documentation to obtain IDs.



Stoddard firefighter charged with arson due in court
Topics in Legal News | 2016/04/25 10:00
A volunteer firefighter charged with arson in connection with a brush fire that burned 190 acres in New Hampshire and prompted the evacuation of 17 homes is due to make his first court appearance.
 
David Plante is scheduled to be arraigned Monday in Keene.

The 31-year-old Stoddard man was charged Friday with one count of arson, but more charges are expected. He remains in custody after refusing to meet with a bail commissioner.

The fire started Thursday in Stoddard, about 40 miles west of the state capital of Concord. No injuries were reported.

Police have not said what evidence led them to Plante. It's unclear if he has an attorney.



Federal lawyer gets 30 days for forging document
Topics in Legal News | 2016/04/22 10:01
A U.S. Immigration and Customs Enforcement attorney was sentenced to 30 days in jail Wednesday for forging a document to make it look like a Mexican man who wanted to stay in the United States was not eligible to do so.

Jonathan M. Love was also sentenced to 100 hours of community service, must resign his law license and must pay Ignacio Lanuza $12,000 in restitution, Seattlepi.com reported. Love, 58, previously pleaded guilty to a federal deprivation of rights misdemeanor charge, acknowledging he used his position to deprive Lanuza of due process.

The U.S. Attorney's Office says Lanuza was stopped by an ICE officer in 2008, and ICE started removal proceedings.

Love was assigned the case in 2009 and submitted a document to the Immigration Court that he said was signed by Lanuza in 2000. Prosecutors say Love doctored the date to make Lanuza ineligible to have his removal cancelled.

Lanuza should have been eligible to contest his deportation because he had been living in the United States for over 10 years, showed good moral character and had a family made up of U.S. citizens. Love's forgery was meant to make it appear as though Lanuza hadn't been in the United States for 10 years and was therefore ineligible for deportation relief.

The motive for Love's actions remains unclear. He said in court Wednesday he didn't know why he did it.



Connecticut's top court hears Kennedy cousin murder case
Topics in Legal News | 2016/02/23 14:45
Connecticut's highest court was hearing arguments Wednesday on whether Kennedy cousin Michael Skakel should get a new trial or be sent back to prison for a 1975 murder.

State prosecutors asked the state Supreme Court to reinstate the 2002 murder conviction against Skakel in the bludgeoning death of Martha Moxley when they were teenage neighbors in wealthy Greenwich.

Skakel, a nephew of Robert F. Kennedy's widow, Ethel, was freed on $1.2 million bail in 2013 when a lower court judge ordered a new trial after finding that Skakel's trial attorney failed to adequately represent him. He had been sentenced to 20 years to life in prison.

Skakel, 55, was seated in the gallery of the courtroom for the hearing, as was his cousin Robert F. Kennedy Jr.

Judge Thomas Bishop ruled that Skakel likely would have been acquitted if his trial lawyer, Michael Sherman, had focused more on his brother Thomas Skakel. Sherman has defended his work on the case.

Prosecutors are appealing Bishop's decision to the Supreme Court.

Thomas Skakel was an early suspect in the case, because he was the last person seen with Moxley and admitted he had a sexual encounter with her.

But prosecutors have said that highlighting Thomas Skakel's relationship with Moxley would have bolstered their argument that Michael Skakel killed her in a jealous rage.



Man recounts harrowing Uber ride with Kalamazoo suspect
Topics in Legal News | 2016/02/20 14:46
An Uber passenger says he called the police to report an erratic driver more than an hour before authorities allege the driver began shooting people at random, killing six and wounding two others before being arrested.

Matt Mellen told WWMT-TV in Kalamazoo that Jason Dalton picked him up at around 4:30 p.m. Saturday. He said Dalton introduced himself as "Me-Me" and that he sat in front, since Dalton had his dog in the backseat.

Mellen said about a mile into the trip, Dalton got a phone call and that when he hung up, he began driving erratically, blowing through stop signs and sideswiping cars.

"We were driving through medians, driving through the lawn, speeding along and when we came to a stop, I jumped out of the car and ran away," said Mellen. He said he called the police and that when he got to his friend's house, his fiancée posted a warning to friends on Facebook.

Authorities allege that Dalton shot the first victim outside of an apartment complex shortly before 6 p.m. and that he shot seven others over the next several hours. Dalton, 45, was arrested without incident early Sunday morning after a deputy spotted his vehicle driving through downtown Kalamazoo after leaving a bar parking lot.


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