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Federal horserace authority rules again blocked in 2 states
Attorney News |
2022/08/11 18:02
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A national horse racing authority has again been blocked by a federal court from enforcing some of its rules in the states of Louisiana and West Virginia.
A north Louisiana federal judge last month had blocked the Horseracing Integrity and Safety Authority from enforcing its rules in the two states.
That ruling was put on hold last week by the 5th U.S. Circuit Court of Appeals. But a revised ruling this week from the New Orleans-based appeals court keeps some of the limits on enforcement in place.
Rules blocked under the latest court order deal with the authority’s access to racetrack records and facilities, the calculation of state fees paid to the authority, and definitions of which horses are covered by the regulations.
The appeals court on Wednesday set arguments in the case for Aug. 30.
State and racing officials in Louisiana and West Virginia had sued to prevent the rules from going into effect. |
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Louisiana Supreme Court’s chief justice reelected
Attorney News |
2022/07/25 17:28
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The chief justice of the Louisiana Supreme Court has won re-election to another 10-year term.
Chief Justice John Weimer was automatically reelected when nobody signed up to challenge him by Friday’s qualifying deadline for the Nov. 8 ballot, The Advocate reported.
Weimer, 67, a former professor at Nicholls State University, first won election to the state’s high court in 2001. He won reelection in 2002 and 2012. In the latter race, he ran unopposed and returned campaign checks to contributors to his campaign.
On Wednesday, he was one of the first candidates to pay the qualifying fees and file the paperwork for the fall election. Weimer’s current term ends Dec. 31.
U.S. District Judge John deGravelles of Baton Rouge lifted a stay July 13 that had blocked the November election for the state Supreme Court’s 6th District, which Weimer represents. The stay arose out of a lawsuit filed in 2019 by the NAACP.
The lawsuit contends that two of the seven Supreme Court districts should have a Black majority in a state where about one-third of the state’s residents are African American. Only one Supreme Court district currently has a Black majority, the one represented by Justice Piper Griffin in New Orleans.
The 6th District, with about 600,000 residents, consists of 12 coastal parishes: Assumption, Iberia, Lafourche, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Martin, St. Mary, Terrebonne, and a portion of the west bank of Jefferson.
The federal court had stopped all Supreme Court races in May. Only Weimer was up for reelection this year. Justices run in staggered terms every two years. The next justice is not on the ballot until 2024.
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Court denies request for emergency halt to Ohio abortion ban
Attorney News |
2022/07/01 17:18
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An emergency stay of Ohio’s newly imposed state ban on abortions at the first detectable “fetal heartbeat” was rejected Friday by the state Supreme Court.
At issue was a request by Ohio abortion providers for the interim delay while the court reviews the question of whether the ban should be overturned. The providers argue the law violates the Ohio Constitution’s broad protections of individual liberty.
Their lawsuit followed imposition of the Ohio ban June 24, the same day the U.S. Supreme Court found the U.S. Constitution does not protect a woman’s right to an abortion. A federal judge lifted his stay on Ohio’s abortion restriction later that night.
The Ohio law prohibits abortions after what it terms a “fetal heartbeat” can be detected, which can be as early as six weeks’ gestation, or before many women know they are pregnant. It makes exceptions for the life of the mother and certain severe health risks.
The office of Attorney General Dave Yost, defending the new law, opposed the emergency stay, saying the Ohio Constitution does not recognize the right to an abortion.
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Man denies kidnapping charge in alleged murder-for-hire plot
Attorney News |
2022/06/03 16:28
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A Colorado man pleaded not guilty Thursday in federal court in Vermont to kidnapping a man who was later found shot to death in a snowbank in 2018 in what prosecutors allege is a murder-for-hire case stemming from a financial dispute.
Federal prosecutors say they believe Jerry Banks, 34, of Fort Garland, Colorado, killed Gregory Davis, 49, of Danville, Vermont, but he has not been charged in the killing. U.S. District Judge Geoffrey Crawford ordered Banks to remain detained until trial, noting the prosecutors’ concerns about his risk of flight and safety risk to potential witnesses.
“Someone who would kill for money would likely kill or improperly influence a witness or otherwise seek to influence the course of a trial that would result in his life in prison,” Paul Van de Graaf and Jonathan Ophardt, assistant U.S. attorneys for Vermont, wrote in their detention request. They said Banks has a history of living “off the grid” and no strong connection to Vermont or anywhere else in the country.
Banks’ federal public defender, Mary Nerino, did not contest detention and would not comment on the charges after the arraignment.
Davis was abducted from his Danville, Vermont, home on Jan. 6, 2018, and found shot to death the next day in a snowbank on a back road in Barnet.
Prosecutors detailed the alleged conspiracy in a filing Monday in federal court in Las Vegas. They wrote that Davis had been threatening to go to the FBI with information that Serhat Gumrukcu, 39, an inventor and the co-founder of a Los Angeles-based biotechnology company, was defrauding Davis in a multimillion-dollar oil deal Gumrukcu and Gumrukcu’s brother had entered into with Davis in 2015.
Gurumkcu was facing felony fraud charges in California in 2017 and was working on a deal that came together soon after Davis’ death that gave him significant ownership stake in Enochian Bioscience.
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Kansas Supreme Court upholds Republican congressional map
Attorney News |
2022/05/18 19:37
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Kansas’ highest court on Wednesday upheld a Republican redistricting law that makes it harder for the only Democrat in the state’s congressional delegation to win reelection in a big victory for the GOP.
The state Supreme Court declined for now to declare that overly partisan gerrymandering violates the Kansas Constitution. The ruling sets district boundaries less than a month before the state’s June 10 filing deadline for congressional candidates.
The court’s opinion was two paragraphs long, saying only that the voters and voting rights group challenging the map “have not prevailed on their claims” that the map violated the state constitution and that a full opinion would come later.
The brief decision was written by Justice Caleb Stegall, who is seen as the most conservative of the court’s seven justices, five of whom were appointed by Democratic governors. During arguments from attorneys on Monday, he questioned whether anyone could clearly define improper partisan gerrymandering.
Lawsuits over new congressional district lines have proliferated across the U.S., with Republicans looking to recapture a U.S. House majority in this year’s midterm elections. Congressional maps in at least 17 states have inspired lawsuits, according to the nonpartisan Brennan Center for Justice.
In the past, congressional district lines have been reviewed by federal judges and not the state Supreme Court. The conservative-leaning U.S. Supreme Court ruled in a 5-4 decision in 2019 that complaints about partisan gerrymandering are political issues and not for the federal courts to resolve.
The state’s Republican-appointed solicitor general argued in defending the GOP-drawn map that because the state constitution doesn’t specifically mention gerrymandering or congressional redistricting, the Kansas Supreme Court should reject the legal challenges. He and other state officials said that the justices had no guidance on how to define improper political gerrymandering.
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