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Appeals court OKs convictions in college basketball scandal
Court Issues |
2021/01/18 04:12
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A federal appeals court in New York on Friday upheld convictions against a sports marketer, an aspiring agent and a financial adviser in a college basketball scandal that spoiled the careers of several coaches and left a stain on the integrity of college athletics.
The 2nd U.S. Circuit Court of Appeals in Manhattan said in its written decision that it was not adequate for the defendants to argue that their actions mirrored what was commonly done in college basketball programs and that their aim was to help universities, rather than harm.
“The ends, however, do not justify the means, and that others are engaging in improper behavior does not make it lawful,” the 2nd Circuit said in an opinion written by Judge Denny Chin.
The convictions grew from the 2017 arrests of 10 individuals in what authorities described as a conspiracy to pay bribes to the families of young players to ensure NBA-bound college basketball stars would pledge allegiance to certain agents and handlers or attend certain schools.
The appeal stemmed from the convictions of former Adidas executive James Gatto, business manager Christian Dawkins and amateur league director Merl Code. They were convicted of conspiracy to commit wire fraud for funneling money and recruits to Louisville and Kansas.
Dawkins and Code were convicted at a second trial on a single conspiracy count but acquitted of some other charges.
At trial, the men acknowledged that their actions violated NCAA rules and the official policies of the universities, but they also maintained that the universities quietly welcomed the secret payments as long as they could pretend they knew nothing of them.
Other defendants pleaded guilty to charges or cooperated with prosecutors rather than go to trial, including four former assistant basketball coaches who pleaded guilty to bribery conspiracy. Prison sentences in the case were relatively short.
In ruling, the three-judge appeals panel noted that the defendants argued that they should not have been convicted because they did not have fraudulent intent since their scheme was designed to help the schools recruit top-tier players.
Circuit Judge Gerard E. Lynch offered a partial dissent, saying he would have rejected some charges on grounds that evidence of some phone calls the defendants wanted to show jurors was unjustly disqualified. |
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Harris to be sworn in by Justice Sotomayor at inauguration
Court Issues |
2021/01/14 12:13
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Vice President-elect Kamala Harris will be sworn in by Supreme Court Justice Sonia Sotomayor on Wednesday, a history-making event in which the first Black, South Asian and female vice president will take her oath of office from the first Latina justice.
Harris chose Sotomayor for the task, according to a person familiar with the decision. She’ll also use two Bibles for the swearing-in, one of which belonged to Thurgood Marshall, the first Black Supreme Court justice.
ABC News first reported the latest details of Harris’ inauguration plans. Harris has expressed admiration for both Sotomayor and Marshall. She and Sotomayor share experience as prosecutors, and she once called Marshall — like Harris, a graduate of Howard University — one of her “greatest heroes.”
The vice president-elect said in a video posted to Twitter that she viewed Marshall as “one of the main reasons I wanted to be a lawyer,” calling him “a fighter” in the courtroom.
And this will be the second time Sotomayor takes part in an inauguration. She swore in President-elect Joe Biden as vice president in 2013.
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Louisiana Supreme Court has a new chief justice, John Weimer
Topics |
2021/01/10 19:53
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The Louisiana Supreme Court has a new chief justice. John Weimer, 66, of Thibodaux, took the oath of office this month as the state’s 26th chief justice. A ceremony marking his investiture was held in New Orleans on Thursday. Weimer fills the seat vacated by Bernette Joshua Johnson, who retired Dec. 31 after serving 26 years on the high court.
“I feel a profound sense of humility and the recognition of the obligation of service,” Weimer said. “I have served with three chief justices who have made their mark on the judiciary in special ways … I have learned much from each of them, and I promise to work hard to be dedicated to the principles of impartiality, independence and fairness while pursuing justice and acting with integrity just as my predecessors did.”
The Courier reports that Gov. John Bel Edwards, who spoke at Thursday’s ceremony, said Weimer is becoming Louisiana’s highest jurist during one of history’s most difficult periods, with a global pandemic raging.
“John Weimer is the right person to lead this court during these challenging times,” the Democratic governor said.
The new chief justice rose quickly through judicial ranks. Weimer became a state district judge for the 17th District in Thibodaux in 1995, before being elected to Louisiana’s 1st Circuit Court of Appeal in 1998. He was elected to the state Supreme Court in 2001 during a special election. He was re-elected to 10-year terms without opposition in 2002 and 2012.
Weimer ran as a Democrat through 2002, but without party affiliation in 2012.
His Supreme Court district includes Terrebonne, Lafourche, Assumption, Iberia, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Martin and St. Mary parishes and part of Jefferson Parish.
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Arizona Supreme Court upholds election challenge dismissal
Law Firm News |
2021/01/06 19:48
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The Arizona Supreme Court on Tuesday upheld a lower court decision dismissing the last in a series of challenges that sought to decerify Democrat Joe Biden’s victory in the state.
The high court ruling is the second time the majority-Republican court has turned aside an appeal of a court loss by backers of President Donald Trump seeking to overturn the results of the election. In all, eight lawsuits challenging Biden’s Arizona win have failed. It comes the day before a divided Congress is set to certify Biden’s victory.
Tuesday’s ruling from a four-judge panel of the high court agreed with a trial court judge in Pinal County that plaintiff Staci Burk lacked the right to contest the election. That’s because she wasn’t a registered voter at the time she filed her lawsuit, as required in state election contests. Both courts also agreed that she made her legal challenge too late, after the five-day period for filing such an action had passed.
Burk said in her lawsuit that she was a qualified Arizona voter, but officials said they discovered she wasn’t registered to vote. She later said she mistakenly thought “qualified electors” were people who were merely eligible to vote, and that her voter registration was canceled because election workers were unable to verify her address.
The Supreme Court said the fact that she wasn’t a registered voter was fatal to her ability to file an election challenge and that Burk admitted she knew she wasn’t registered.
“There is nothing before the Court to indicate that Appellant timely contacted the appropriate authorities to correct any problems with her voter registration,” Chief Justice Robert Brutinel wrote. “An election challenge ... is not the proper vehicle to reinstate voter registration.”
Biden won the state over Republican President Donald Trump by more than 10,000 votes and the results were certified last month.
The lawsuit brought by Burk, who isn’t a lawyer but represented herself, is nearly identical to a lawsuit dismissed in early December in federal court in Phoenix.
Burk’s lawsuit alleged Arizona’s election systems have security flaws that let election workers and foreign countries manipulate results. Opposing attorneys said the lawsuit used conspiracy theories to make allegations against a voting equipment vendor without any proof to back up claims of widespread election fraud in Arizona.
No evidence of voter or election fraud has emerged in Arizona. Despite that, Republicans who control the Legislature are pushing to review how Maricopa County, the state’s most populous, ran its election. Two subpoenas issued by the state Senate seeking an audit and to review voting machines, ballots and other materials are being challenged by Maricopa County.
Two of the failed legal challenges focused on the use of Sharpies to complete ballots were dismissed. Another lawsuit in which the Trump campaign sought inspection of ballots was dismissed after the campaign’s lawyer acknowledged the small number of ballots at issue wouldn’t have changed the outcome.
A judge dismissed a lawsuit in which the Arizona Republican Party tried to determine whether voting machines had been hacked.
Then a separate challenge by Arizona GOP Chairwoman Kelli Ward was tossed out by a judge who concluded the Republican leader failed to prove fraud and that the evidence presented at trial wouldn’t reverse Trump’s defeat. The state Supreme Court upheld that decision in an earlier ruling.
And a federal judge dismissed a lawsuit by conservative lawyer Sidney Powell, who alleged widespread election fraud through the manipulation of voting equipment. Burk’s lawsuit repeated some of Powell’s allegations word-for-word. |
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