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Court to rule on whether voters can decide 'millionaire tax'
Court Watch |
2018/06/17 09:22
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Massachusetts' highest court is expected to rule on whether a proposed "millionaire tax" can go before state voters in November.
The Supreme Judicial Court is poised to issue its decision Monday after weighing the case for several months. The proposed constitutional amendment would impose a surtax of 4 percent on any portion of an individual's annual income that exceeds $1 million. The measure calls for revenues from the tax to be used for transportation and education.
Several business groups sued to stop the proposed surtax from appearing on the ballot, claiming it violates constitutional restrictions on ballot questions.
The Raise Up Massachusetts coalition collected more than 150,000 signatures in support of the measure and estimates it would raise nearly $2 billion in additional taxes annually for the state.
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Kentucky high court: Death penalty IQ law unconstitutional
Legal Interview |
2018/06/16 02:22
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The Kentucky Supreme Court has ruled that the state's practice for determining if someone is intellectually disabled and not eligible to receive the death penalty is "unconstitutional."
News outlets report that the court on Thursday deemed Kentucky's use of an IQ test to determine if defendants have the mental competence to be sentenced to death outdated. Trial courts required defendants show an IQ of 70 or below before a hearing to determine intellectual disability.
The court's opinion came in the case of a man convicted of murdering a Muhlenberg County girl 20 years ago. Robert Keith Woodall was sentenced to death after pleading guilty in the killing of 16-year-old Sarah Hansen.
Woodall's attorneys, assistant public advocates Mike O'Hara and Dennis Burke, say the court's decision to abandon Kentucky's statute is modern and appropriate.
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NY high court nixes Trump's bid to delay defamation suit
Court Issues |
2018/06/15 16:23
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New York's highest court on Thursday turned down President Donald Trump's latest bid to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing.
The ruling by the state Court of Appeals didn't address either side's central arguments. But it means evidence-gathering in Summer Zervos' lawsuit can proceed, at least for now.
Zervos' lawyer, Mariann Wang, said she looks forward to continuing with the case "and exposing the truth."
Trump, who denies Zervos' allegations, is trying to get the case dismissed or postponed until after his presidency. A mid-level appellate court is due to consider that request in the fall.
Trump's lawyers at Kasowitz Benson Torres LLP noted that Thursday's ruling didn't speak to their argument for tossing out the case: That a sitting president can't be sued in a state court.
Instead, the Court of Appeals said the case was simply in too early a stage for its consideration.
Zervos, a California restaurateur, appeared in 2006 on the Republican president's former reality show, "The Apprentice."
She says he made unwanted advances when she sought career advice in 2007, then defamed her by calling her a liar after she came forward late in his 2016 presidential race. She is seeking a retraction, an apology and compensatory and punitive damages.
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Gamers in court for first time after Kansas 'swatting' death
Legal Opinions |
2018/06/14 02:23
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Two online gamers whose alleged dispute over a $1.50 Call of Duty WWII video game bet ultimately led police to fatally shoot a Kansas man not involved in the argument will make their first appearances in court Wednesday in a case of "swatting" that has drawn national attention.
Casey Viner, 18, of North College Hill, Ohio, and Shane Gaskill, 19, of Wichita, are charged with conspiracy to obstruct justice, wire fraud and other counts.
Viner allegedly became upset at Gaskill while playing the popular online game. Authorities say he then asked 25-year-old Tyler Barriss of Los Angeles to "swat" Gaskill, a form of retaliation sometimes used by gamers, who call police and make a false report to send first responders to an online opponent's address.
Barriss is accused of calling Wichita police from Los Angeles on Dec. 28 to report a shooting and kidnapping at a Wichita address. Authorities say Gaskill had provided the address to Viner and later to Barriss in a direct electronic message. But the location Gaskill gave was his old address and a police officer responding to the call fatally shot the new resident Andrew Finch, 28, after he opened the door.
Viner's defense attorney, Jim Pratt, declined comment. The attorneys for Gaskill and Barriss did not immediately respond to an email.
Viner and Gaskill have not been arrested and both were instead issued a summons to appear at Wednesday's hearing where a judge will decide whether they can remain free on bond. Both men are also likely to enter pleas, although at this stage of the proceedings the only plea a federal magistrate can accept is not guilty.
Barriss and Viner face federal charges of conspiracy to make false reports. Barriss also is charged with making false reports and hoaxes, cyberstalking, making interstate threats, making interstate threats to harm by fire and wire fraud. He will not be in court Wednesday.
A first court appearance on the federal charges has not been set for Barriss because the Sedgwick County district attorney is going forward first with his case on the state charges, said Jim Cross, spokesman for the U.S. attorney's office in Kansas.
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