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Republican challenge to New York's mail voting expansion
Court Watch |
2024/07/27 11:52
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New York’s highest court heard arguments Tuesday in a Republican challenge of a law that allows any registered voter to cast a mail-in ballot during the early voting period.
The case, which is led by Rep. Elise Stefanik and includes other lawmakers and the Republican National Committee, is part of a widespread GOP effort to tighten voting rules after the 2020 election.
Democrats approved the mail voting expansion law last year. The Republican challenge argues that it violates voting provisions in the state Constitution.
The hourlong arguments before the New York Court of Appeals in Albany hinged on technical readings of the Constitution, specifically whether certain passages would allow for the state Legislature to expand mail voting access.
At certain points in the hearing, judges quizzed attorneys on whether a constitutional provision that says eligible voters are entitled to vote “at every election” would mean a physical polling place or simply the election in general.
Michael Y. Hawrylchak, an attorney representing the Republicans, said that provision “presupposes a physical place” for in-person voting. Deputy Solicitor General Jeffrey W. Lang, who is representing the state, said the phrase “just refers to a process of selecting an office holder” and not any physical polling place.
Democrats first tried to expand mail voting through a constitutional amendment in 2021, but voters rejected the proposal after a campaign from conservatives who said it would lead to voter fraud.
Lower courts have dismissed the Republican lawsuit in decisions that said the Legislature has the constitutional authority to make rules on voting and the Constitution doesn’t require voting specifically to occur in person on election day.
It is unclear when the Court of Appeals will rule.
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UAE hands 57 Bangladeshis long-term jail terms for protests
Law Firm News |
2024/07/22 21:10
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A court in the United Arab Emirates sentenced dozens of Bangladeshi nationals to prison, including three for life imprisonment, over protests against their home government in the Gulf country, state media reported Monday.
The Abu Dhabi Federal Court of Appeal on Sunday handed 10-year prison sentences to 53 Bangladeshi nationals and an 11-year term to another Bangladeshi national, in addition to the three life imprisonments, according to the state-owned Emirates News Agency, WAM. The court ordered the deportation of the Bangladeshis from the UAE following their prison terms.
“The court heard a witness who confirmed that the defendants gathered and organised large-scale marches in several streets of the UAE in protest against decisions made by the Bangladeshi government,” WAM reported.
On Saturday, authorities in the United Arab Emirates ordered an investigation and an expedited trial of the arrested Bangladeshi nationals. The protests in the UAE followed weeks of demonstrations in Bangladesh by people upset about a quota system that reserved up to 30% of government jobs for relatives of veterans who fought in Bangladesh’s war of independence in 1971. The country’s top court on Sunday scaled back the controversial system, in a partial victory for the mostly student protesters.
The UAE’s attorney general’s office on Saturday indicted the Bangladeshis on several charges, including “gathering in a public place and protesting against their home government with the intent to incite unrest,” obstructing law enforcement, causing harm to others and damaging property, according to WAM.
Bangladeshi nationals make up the UAE’s third-largest expatriate community. Many of them are low-paid laborers seeking to send money back home to their families. The Emirates’ overall population of more than 9.2 million is only 10% Emirati.
Political parties and labor unions are banned in the UAE, a federation of seven sheikhdoms. Broad laws severely restrict freedom of speech and almost all major local media are either state-owned or state-affiliated outlets.
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Court grants Texas man a stay of execution just before his scheduled lethal injection
Court Issues |
2024/07/17 19:32
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The U.S. Supreme Court granted a stay of execution for a Texas man 20 minutes before he was to receive a lethal injection Tuesday evening. The inmate has long maintained DNA testing would help prove he wasn’t responsible for the fatal stabbing of an 85-year-old woman during a home robbery decades ago.
The nation’s high court issued the indefinite stay shortly before inmate Ruben Gutierrez was to have been taken to the death chamber of a Huntsville prison.
Gutierrez was condemned for the 1998 killing of Escolastica Harrison at her home in Brownsville in Texas’ southern tip. Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of her mistrust of banks.
Gutierrez has sought DNA testing that he claims would help prove he had no role in her death. His attorneys have said there’s no physical or forensic evidence connecting him to the killing. Two others also were charged in the case.
The high court’s brief order, released about 5:40 p.m. CDT, said its stay of execution would remain in effect until the justices decide whether they should review his appeal request. If the court denies the request, the execution reprieve would automatically be lifted.
Gutierrez, who had been set to die after 6 p.m. CDT, was in a holding cell near the death chamber when prison warden Kelly Strong advised him of the court’s intervention.
“He was visibly emotional,” prison spokeswoman Amanda Hernandez said, adding he was not expecting the court stay. “We asked him if he wanted to make a statement but he needed a minute.”
“He turned around to the back of the cell, covered his mouth. He was tearing up, speechless. He was shocked.”
She said Gutierrez then prayed with a prison chaplain and added: “God is great!”
Gutierrez has had several previous execution dates in recent years that have been delayed, including over issues related to having a spiritual adviser in the death chamber. In June 2020, Gutierrez was about an hour away from execution when he got a stay from the Supreme Court.
In the most recent appeal, Gutierrez’s attorneys had asked the Supreme Court to intervene, arguing Texas has denied his right under state law to post-conviction DNA testing that would show he would not have been eligible for the death penalty. |
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Boston lawyer once named ‘most eligible bachelor’ is sentenced to 5-10 years
Court Issues |
2024/07/15 06:42
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A former Boston lawyer and prosecutor who was once named one of People magazine’s most eligible bachelors was sentenced Monday to between five and 10 years in state prison for rape.
Gary Zerola, 52, was found guilty last month after a jury deliberated for five hours and has been incarcerated since then. He was acquitted of a greater charge of aggravated rape and burglary.
Prosecutors said that Zerola, in January 2021, paid more than $2,000 for a night of drinking with a woman he was dating and her 21-year-old friend who’d just graduated from college. The friend became intoxicated and had to be helped back to her Beacon Hill apartment. Zerola later entered the apartment without permission and sexually assaulted the woman around 2 a.m. while she was sleeping, prosecutors said.
In a victim impact statement that was read in court, the woman said she’d tried desperately to not allow the incident to affect her, or to give Zerola any power over the rest of her life. But she said that participating in the trial had brought up “the significant and insidious effect this event has had on my life.”
“For months after the incident, I experienced nightly recurring nightmares reliving the assault. Even today, I still have nightmares of someone breaking into my apartment and trying to assault me,” the woman wrote. The Associated Press does not generally name victims of sexual assault.
“These cases are always difficult, and this victim deserves enormous credit for taking the stand and telling the jury what happened to her that night,” Suffolk District Attorney Kevin Hayden said in a statement after the verdict.
Zerola’s attorney Joseph Krowski Jr. said Monday that his client is appealing the conviction. He said the sentence wasn’t what they wanted, but was within or close to the recommended guideline range for somebody without a previous criminal record. He pointed out that Zerola had been acquitted on two of the three original charges.
Krowski Jr. said his client was doing “as well as could be expected under the circumstances” and was going to put his time to good use and come out of the experience for the better.
Zerola had previously been accused of other sexual assaults but wasn’t convicted in those cases. He had faced two rape charges in Suffolk County and was acquitted in 2023, according to the district’s attorney’s office. He also was charged in three sexual assault cases between 2006 and 2007, but was not convicted.
Zerola worked as an assistant district attorney in Essex County for one year, and in Suffolk County for two months in 2000, according to former District Attorney Rachael Rollins’ office. He was arrested in January 2021. |
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