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Unions in court over laws limiting Wisconsin governor, AG
Press Release |
2019/03/22 02:03
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Laws passed by the Republican-controlled Wisconsin Legislature during a lame-duck session in December that weakened powers of the Democratic governor and attorney general were back before a circuit judge Monday, less than a week after another judge struck them down as unconstitutional.
Republicans appealed last week's ruling, and the state appeals court could rule as soon as Monday on that request to immediately reinstate the laws and put last week's ruling on hold.
Gov. Tony Evers moved quickly after last week's order to rescind 82 of former Republican Gov. Scott Walker's appointments that the state Senate confirmed during the lame-duck session. And Attorney General Josh Kaul, at Evers' order, moved to withdraw Wisconsin from a multi-state lawsuit seeking repeal of the Affordable Health Care Act, a power taken away from him during the lame-duck session.
The judge last week ruled that the laws were illegally passed because the type of session lawmakers used to meet in December was unconstitutional. Republicans called themselves into "extraordinary session" to pass the bills, but Dane County Circuit Judge Richard Niess said there was no basis in state law to call such sessions.
The attorney for Republican lawmakers, Misha Tseytlin, argued that the ruling jeopardizes the validity of thousands of other laws passed during extraordinary sessions.
That case was brought by the League of Women Voters and other groups.
The lawsuit being heard Monday was filed by a coalition of five unions. They argue that the laws violate the state constitution's separation of powers doctrine because they take power from the executive branch and transfer them to the Legislature.
Republicans counter that the laws are constitutional and ensure a proper balance of power between the executive and legislative branches.
The case is being heard by Dane County Circuit Judge Frank Remington. The judge held oral arguments on Monday, beginning the proceedings by informing all the parties that he's already drafted a written decision but wanted clarifications. He blocked off the entire day for the hearing. |
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Supreme Court to consider Louisiana's non-unanimous juries
Legal Network |
2019/03/18 23:15
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The Supreme Court will consider banning non-unanimous juries in criminal cases in Louisiana, the only state that still allows them.
The justices said Monday they will hear an appeal from a man who was convicted of second-degree murder by a jury's 10-2 vote. First-degree murder charges already require a unanimous jury to convict.
Oregon voters recently approved a state constitutional amendment that ended Oregon's use of divided juries to convict some criminal defendants.
The high court also is agreeing Monday to decide whether states can eliminate the so-called insanity defense for criminal defendants without violating the Constitution.
The appeal comes from a Kansas man who has been sentenced to death for killing his estranged wife, their two daughters and the wife's grandmother. The cases will be argued in the fall. |
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Detained Saudi women's rights activists brought to court
Law Firm News |
2019/03/17 06:16
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Women's rights activists in Saudi Arabia appeared in a closed-door court hearing Wednesday on unknown charges after being detained in a crackdown last year, making their first appearance before a judge in a case that has sparked international outrage.
The arrests came just before Saudi Arabia began allowing women to drive, something women's rights activists had been demanding for years. The arrests showed that King Salman and his 33-year-old son, Crown Prince Mohammed bin Salman, are willing to crack down on any opposition even while courting the West.
It also was sandwiched between the mass arrest of businessmen in what authorities said was a campaign against corruption, and the killing of Washington Post columnist Jamal Khashoggi at the Saudi Consulate in Istanbul.
Saudi authorities did not respond to requests for comment Wednesday, and Saudi state media did not immediately report on the hearing. Authorities barred Western diplomats and journalists from the hearing in Riyadh, a person with knowledge of the hearing told The Associated Press. The person spoke on condition of anonymity for fear of reprisal. |
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Court reinstates late Aaron Hernandez's murder conviction
Court Watch |
2019/03/15 06:16
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Massachusetts' highest court on Wednesday reinstated the late Aaron Hernandez's murder conviction, which was erased after the former NFL star killed himself in prison.
The Supreme Judicial Court also scrapped the legal principle that wiped out Hernandez's conviction for future cases, calling it "outdated and no longer consonant with the circumstances of contemporary life."
"We are pleased justice is served in this case, the antiquated practice of vacating a valid conviction is being eliminated and the victim's family can get the closure they deserve," Bristol County District Attorney Thomas M. Quinn III said in a tweet.
Hernandez was convicted in 2015 of killing semi-professional football player Odin Lloyd. Two years later, the 27-year-old killed himself in his prison cell days after being acquitted of most charges in a separate double-murder case.
A judge threw out Hernandez's conviction that year, citing the legal principle that holds that a defendant convicted at trial who dies before an appeal is heard should no longer be considered guilty in the eyes of the law, thereby returning the case to its pretrial status.
Under the doctrine, rooted in centuries of English law, a conviction should not be considered final until an appeal can determine whether mistakes were made that deprived the defendant of a fair trial, legal experts say.
Prosecutors argued the legal doctrine is outdated and unfair to victims. Quinn told the court that the defendant's estate should be allowed to appeal the case, if they wish. Otherwise, the conviction should stand, he argued.
Under the new rule laid out by the court, the conviction will stand but the court record will note the conviction was neither affirmed nor reversed because the defendant died while the appeal was pending. |
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