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Raimondo makes historic nomination to state Supreme Court
Legal Network | 2020/12/08 19:45
Gov. Gina Raimondo nominated two women Tuesday to the Rhode Island Supreme Court, including one who, if confirmed, would become not only the first Black justice, but also the first person of color on the state's highest court.

Superior Court Judge Melissa Long was nominated to replace Justice Francis X. Flaherty, who announced his retirement in October.

Long was appointed by Raimondo to the Superior Court in 2017. Before that, she was deputy secretary of state and director of administration in the secretary of state's office. She is a graduate of the University of Virginia and the George Mason University School of Law.

Raimondo also nominated state Sen. Erin Lynch Prata to the high court. She is the chairperson of the Senate Judiciary Committee and would replace Justice Gilbert Indeglia, who retired in June. She has degrees from Boston College and the Catholic University of America law school.

If Long and Lynch Prata are confirmed, the five-member court will be majority female for the first time. Raimondo also announced several other judicial nominations.

The Democratic governor named Linda Rekas Sloan to the Superior Court. If approved, Rekas Sloan would be the first Asian-American on the court.

The governor also named Central Falls Municipal Judge Elizabeth Ortiz to the Family Court bench, making Ortiz the first Latina nominated to the court that oversees child custody, divorce and juvenile matters.

“I am thrilled to appoint this group of talented public servants to our state’s highest courts,” Raimondo said in a statement. “As governor, one of my most important and sacred responsibilities is to appoint high-caliber judges who reflect the diversity of the Rhode Islanders they serve. I am confident that each of these nominees will fairly and honorably uphold the laws and values of our state.”


Wisconsin high court declines to hear Trump election lawsuit
Legal Network | 2020/12/04 03:44
A divided Wisconsin Supreme Court on Thursday refused to hear President Donald Trump’s lawsuit attempting to overturn his loss to Democrat Joe Biden in the battleground state, sidestepping a decision on the merits of the claims and instead ruling that the case must first wind its way through lower courts.

In another blow to Trump, two dissenting conservative justices questioned whether disqualifying more than 221,000 ballots as Trump wanted would be the proper remedy to the errors he alleged.

The defeat on a 4-3 ruling was the latest in a string of losses for Trump’s post-election lawsuits. Judges in multiple battleground states have rejected his claims of fraud or irregularities.

Trump asked the Wisconsin Supreme Court to disqualify more than 221,000 ballots in the state’s two biggest Democratic counties, alleging irregularities in the way absentee ballots were administered. His lawsuit echoed claims that were earlier rejected by election officials in those counties during a recount that barely affected Biden’s winning margin of about 20,700 votes.

Trump's attorney Jim Troupis said he would immediately file the case in circuit court and expected to be back before the Supreme Court “very soon.”

“It was clear from their writings that the court recognizes the seriousness of these issues, and we look forward to taking the next step,” he said in a statement. Trump’s team made the filing late Thursday evening.

In asking the conservative-controlled Wisconsin Supreme Court to take the case directly, Trump had argued that there wasn’t enough time to wage the legal battle by starting with a lower court, given the looming Dec. 14 date when presidential electors cast their votes.

Swing Justice Brian Hagedorn joined three liberal justices in denying the petition without weighing in on Trump’s allegations. Hagedorn said the law was clear that Trump must start his lawsuit in lower courts where factual disputes can be worked out.

“We do well as a judicial body to abide by time-tested judicial norms, even and maybe especially ? in high profile cases,” Hagedorn wrote. “Following this law is not disregarding our duty, as some of my colleagues suggest. It is following the law.”

Trump filed a similar lawsuit in federal court on Wednesday. Chief Justice Patience Roggensack, in a dissent where she was joined by Justice Annette Ziegler, said she would have taken the case and referred it to lower courts for factual findings, which could then be reported back to the Supreme Court for a ruling.


Lawyer for Biden accuser Tara Reade drops her as a client
Legal Network | 2020/05/23 21:53
The attorney working with Tara Reade, the former Joe Biden Senate staffer who alleged he sexually assaulted her in the 1990s, said Friday he is no longer representing her, just two weeks after he first began working with her.

Douglas Wigdor said in a statement the decision to drop Reade came on Wednesday of this week, and that it wasn’t a reflection on the veracity of her claims. But he offered no specifics on why he and his firm are dropping her.

Wigdor said he and others at his firm still believe Reade’s allegation against Biden, that he digitally penetrated her and groped her in the basement of a Capitol Hill office building when she worked as a low-level staffer in his Senate office in the Spring of 1993. Biden has vehemently denied her claims, and multiple current and former Biden staffers have said they have no recollection of such an incident.

In his statement, Wigdor said his firm believed that Reade has been “subjected to a double standard” in the media and that much of the coverage surrounding her biography had little to do with her claims against Biden. The news was first reported by The New York Times.



Australia’s High Court hears what may be Pell’s last appeal
Legal Network | 2020/03/13 19:54
The most senior Catholic to be convicted of child sex abuse took his appeal to Australia’s highest court Wednesday in potentially his last bid to clear his name.

Cardinal George Pell was sentenced a year ago to six years in prison for molesting two 13-year-old choirboys in Melbourne’s St. Patrick’s Cathedral while he was the city’s archbishop in the late 1990s.

He was convicted by the unanimous verdict of a Victoria state County Court jury in December 2018 after a jury in an earlier trial was deadlocked.

A Victoria Court of Appeal rejected his appeal against his convictions in a 2-1 majority decision in August last year.

Pope Francis’ 78-year-old former finance minister is arguing before the High Court that the guilty verdicts were unreasonable and could not be supported by the whole of the evidence from more than 20 prosecution witnesses who include priests, altar servers and former choirboys.

Seven judges are hearing the case over two days.

Pell’s lawyer Bret Walker told the judges that there had been a “reversal of onus” in which Pell was expected to prove the offending didn’t happen instead of prosecutors proving the crimes were committed beyond reasonable doubt.

“That is a wrong question which sends the inquiry onto a terribly damaging wrong route,” Walker said.

Walker said the allegations that Pell had molested the two boys in a priests’ sacristy moments after a Mass could not be proved if the jury had accepted the evidence of sacristan Maxwell Potter and Monsignor Charles Portelli.

Potter had testified that the sacristy was kept locked during Masses and Portelli had given evidence that he was always with Pell while he was dressed in his archbishop’s robes.


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