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Federal appeals court to rehear Texas voter ID case
Headline Legal News | 2016/03/02 00:43
A federal appeals court will hold a new hearing on whether a Texas voter ID law has discriminatory effects on minorities ? a potential blow to the Obama administration's efforts to fight new ballot-box restrictions passed by conservative legislatures around the country.

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ruled in August that the 2011 Texas law requiring 14.6 million registered voters to show picture identification at the polls violates parts of the federal Voting Rights Act. But an order issued late Wednesday says a majority of the full court, which currently has 15 members, voted to hear the case again.  

The order was issued without additional opinion, and a new hearing date hasn't been set.

Texas was allowed to enforce the voter ID law during elections in 2014 and during last week's primary. Supporters say it prevents fraud, but opponents argue its true intent is to make voting tougher for older, poor and minority voters who tend to support Democrats and are less likely to have the mandated forms of identification.

In a statement, state Attorney General Ken Paxton called the order "a strong step forward in our efforts to defend the state's Voter ID laws."

"We look forward to presenting our case before the full Fifth Circuit," said Paxton, a Republican who has been indicted on felony securities fraud charges stemming from actions he took before becoming attorney general in January 2015.



High court rejects appeal over Homeland Security records
Headline Legal News | 2016/01/30 16:20
The Supreme Court won't hear an appeal from a public interest group seeking to get internal records from the Department of Homeland Security about its protocol for shutting down wireless networks during emergencies.

The justices on Monday let stand an appeals court ruling that said the agency could refuse to release the documents under an exception to the Freedom of Information Act for disclosures that could endanger lives.

The Electronic Privacy Information Center argued that the appeals court construed the law too broadly so that the government could conceal any records by claiming they concern security measures.

The U.S. Court of Appeals for the District of Columbia Circuit said the agency didn't need to specify exactly whose life would be endangered.



High court won't hear appeal on mortgage ratings
Headline Legal News | 2015/11/03 09:36
The Supreme Court won't hear an appeal from shareholders who claim the Standard & Poor's ratings firm made false statements about its ratings of risky mortgage investments that helped trigger the financial crisis.

The justices on Monday let stand a lower court ruling that threw out a lawsuit filed by the Boca Raton Firefighters & Police Pension Fund against S&P's parent company, McGraw-Hill.

A federal appeals court ruled 2-1 that statements about the integrity and credibility of S&P's credit ratings used routine, generic language that did not mislead investors.

The shareholders argued that false statements regarding a central aspect of the company's business were enough to violate federal securities laws.



Federal court programs aim to keep defendants out of prison
Headline Legal News | 2015/10/19 15:30
Angelique Chacon had emotionally girded herself to spend six years behind bars for selling methamphetamine when her attorney gave her a way out — a new rehabilitation program in U.S. District Court in Los Angeles that might allow her to avoid prison.

Chacon, 31, a former methamphetamine user herself, accepted the pre-trial offer, got a part-time job, took classes at a technical school and graduated from the rehab program last year with a sentence of probation instead of prison.

"I'm a totally different person," she said. "I'm sober. I'm more involved with my family. I'm really there mentally."

Chacon is among hundreds of federal defendants accused of low-level crimes such as smuggling or selling small amounts of drugs who have avoided prison time in recent years with the help of court programs that focus on rehabilitation. Many of the programs offer counseling and treatment for addictions.

About a dozen federal district courts across the country have so-called pre-trial diversion programs — most launched within the past five years. The federal court system in California also has such a program in San Diego and is getting ready to launch another in San Francisco.

"The trend has really taken off," said Mark Sherman, an assistant director with the Federal Judicial Center, the research and education agency of the federal judiciary. "There's a hunger in our system to engage in meaningful criminal justice work, and this is one way of doing it."

Many of the programs function like state drug courts, where defendants with substance abuse problems receive treatment and counseling. Still others focus on young defendants with no requirement that they have drug addictions. Regardless, judges, prosecutors and pre-trial service officers say the goals are the same: To help people overcome obstacles that contributed to their crimes and save money by keeping them out of prison.



Court records: Ohio man on electronic monitor raped teen
Headline Legal News | 2015/10/18 00:43
While an Ohio man was on electronic monitoring in an abduction case, he had a 14-year-old girl dropped off at his home by taxi, held her captive for months and raped her, according to criminal charges and court records.
 
Cody Lee Jackson, 20, fled the state without the girl after pleading guilty this summer in the abduction case to a charge of interference with custody; charges of abduction and kidnapping were dismissed, state court records show.

He was arrested last week in Utah when he tried to run away after giving a fake name to drug task force officers conducting a routine stop at a bus station, according to Salt Lake City jail documents. He is to be brought back to Ohio for sentencing on the interference conviction and to face numerous federal and state charges stemming from his alleged crimes while on electronic monitoring.

Court records don't list an attorney for Jackson.

State court officials didn't provide further details Thursday on monitoring Jackson earlier this year. Triffon Callos, a spokesman for the Hamilton County prosecutor's office, confirmed the state charges against Jackson and his guilty plea but referred calls about the monitoring system to the county sheriff's electronic monitoring division.

Sheriff's spokesman Michael Robison Thursday confirmed that Jackson wore the monitoring device from January 22 until July 31 this year.



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