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Georgia high court election cancellation headed for appeal
Headline Legal News |
2020/03/18 10:41
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A would-be candidate for a seat on Georgia's highest court on Wednesday asked the state's lower appeals court to step in after a judge this week said the governor had the right to fill the position even though a judge who's resigning won't leave until November.
Georgia Supreme Court Justice Keith Blackwell, whose six-year term ends in December, told Gov. Brian Kemp last month that he planned to resign but would remain on the bench until Nov. 18. Kemp's office then told Secretary of State Brad Raffensperger that the Republican governor intended to fill the seat by appointment, and Raffensperger canceled the scheduled May 19 election for the position.
John Barrow, a former Democratic congressman from Athens, and former Republican state lawmaker Beth Beskin of Atlanta had both planned to challenge Blackwell. They filed separate lawsuits in Fulton County Superior Court saying the election had been illegally canceled and asking a judge to order Raffensperger to put it back on the calendar and allow candidates to qualify.
Judge Emily Richardson on Monday ruled that according to the Georgia Constitution and state law, Blackwell's seat became vacant Feb. 26, when Kemp signed a letter accepting the justice's resignation. Raffensperger was no longer required to hold an election for the seat once the governor signaled his intent to appoint someone to fill it, she wrote.
Even though the effective date of Blackwell’s resignation is after the May election, it is still within his current term, which ends Dec. 31, meaning Kemp has the authority under the state Constitution to fill the vacancy by appointment, Richardson wrote.
Barrow on Wednesday filed an emergency request with the Georgia Court of Appeals, arguing that Richardson was wrong and asking the court to take up the case. Beskin's lawyer, Cary Ichter, said in an email that they intend to do the same on Thursday.
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Supreme Court rejects appeal in texting suicide case
Headline Legal News |
2020/01/14 10:38
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The Supreme Court on Monday left in place the conviction of a Massachusetts woman who sent her boyfriend text messages urging him to kill himself.
Michelle Carter is serving a 15-month sentence after being convicted of involuntary manslaughter in the 2014 death of her boyfriend, Conrad Roy III. A judge determined that Carter, who was 17, caused the death of the 18-year-old Roy when she ordered him in a phone call to get back in his carbon monoxide-filled truck that he’d parked in a Kmart parking lot.
The phone call wasn’t recorded, but the judge relied on a text Carter sent her friend in which she said she told Roy to get back in. In text messages sent in the days leading up to Roy’s death, Carter also encouraged Roy to follow through with his suicide plan and chastised him when he didn’t, Massachusetts courts found.
The case has garnered national attention and sparked legislative proposals in Massachusetts to criminalize suicide coercion.
Carter’s lawyers argued in their Supreme Court appeal that the conviction should be thrown out because it was an “unprecedented” violation of her free speech rights that raised crucial questions about whether “words alone” are enough to hold someone responsible for another person’s suicide.
The lawyers also argued there was simply not enough evidence to prove Carter urged Roy to to get back in his truck to die, or that he would have lived if she had called for help or taken other actions to try and save his life.
Joseph Cataldo, one of Carter’s lawyers, said Monday’s decision was an “injustice” and that the legal team is weighing its next steps. He didn’t elaborate.
“The Court passed on the rare chance to clarify an outdated and confusing exception to the First Amendment, which has divided courts around the country,” said Daniel Marx, another one of Carter’s lawyers. “It also missed an invaluable opportunity to address the toxic combination of mental illness, adolescent psychology, and social media that was at the heart of this suicide case and will likely lead to additional tragedies in the future.”
The court’s decision was welcomed by Bristol District Attorney Thomas Quinn III, whose office prosecuted the case.
“The US Supreme Court’s decision today brings closure to the family of Conrad Roy for his tragic death. I hope that the finality of this decision brings some solace to them,” he said in a statement. |
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Mother of Supreme Court Chief Justice Roberts dies at age 90
Headline Legal News |
2020/01/03 11:38
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Rosemary Roberts, the mother of Supreme Court Chief Justice John Roberts, has died. She was 90. A spokeswoman for the court said Rosemary Roberts died Saturday. Roberts was born Rosemary Podrasky in Johnstown, Pennsylvania, and married John G. Roberts Sr. in 1952, according to an obituary published in The Tribune-Democrat.
She worked in Pennsylvania and New York as a customer service representative for A&P supermarkets and the Bell Telephone Company, according to the obituary.
The family moved around over the years for Roberts Sr.’s job at Bethlehem Steel Corp. and lived in New York, Indiana, Pennsylvania and Maryland. They later moved to Ohio and South Carolina for other business opportunities and for retirement.
Rosemary Roberts participated in local religious and charitable organizations and served as a hospital and library volunteer, the obituary said. She and her husband moved to Maryland in 2001 to be closer to their family.
Their son, John Roberts, was nominated in 2005 by President George W. Bush to be chief justice of the Supreme Court. He replaced the late William Rehnquist.
Rosemary Roberts is survived by four children, six grandchildren and one great-grandchild. Her husband died in 2008 after a long illness.
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Court to consider bathroom use by transgender student
Headline Legal News |
2019/12/06 00:35
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A transgender student’s fight over school bathrooms comes before a federal appeals court Thursday, setting the stage for a groundbreaking ruling.
The 11th U.S. Circuit Court of Appeals in Atlanta will hear arguments about whether a Florida school district should be ordered to allow students to use the bathroom that matches their gender identity.
Drew Adams, who has since graduated from Nease High School in Ponte Vedra, won a lower court ruling last year ordering the St. Johns County school district to allow him to use the boys’ restroom. The district has appealed, arguing that although it will permit transgender students to use single-occupancy, gender-neutral restrooms, it shouldn’t be forced to let students use the restroom of the gender they identify with.
The 11th Circuit could become the first federal appeals court to issue a binding ruling on the issue, which has arisen in several states. The ruling would cover schools in Florida, Georgia and Alabama, and could carry the issue to the U.S. Supreme Court.
The 4th Circuit had ruled in favor of a Virginia student, but the Supreme Court sent the case back down for further consideration. That’s because the U.S. Department of Education, under President Donald Trump, withdrew guidance that said federal law called for treating transgender students equally, including allowing them to use the bathroom that matches their gender identity. |
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Ohio Supreme Court keeps camera challenge alive
Headline Legal News |
2019/11/19 19:46
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Ohio’s Supreme Court has rejected Toledo’s motion to dismiss a challenge to how the city handles appeals of citations related to camera-captured traffic violations.
The high court recently rejected the motion to dismiss a challenge by Susan Magsig, of Woodville.
The Toledo Blade reports Magsig received a citation alleging a camera held by a police officer caught her vehicle traveling 75 mph in a 60 mph-zone. Magsig argues Toledo violates state law by considering such appeals through an administrative hearing rather than through municipal court.
The city argues the case shouldn’t continue because a lower court’s preliminary ruling prevents enforcement of a state law giving local courts jurisdiction over all traffic violations. Magsig’s attorney says she isn’t bound by that ruling involving a legal dispute between the city and state. |
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