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Smollett team: Court cameras would show state's flimsy case
Legal News Feed |
2019/03/07 12:28
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A lawyer for Jussie Smollett said Tuesday that she would welcome cameras in the courtroom during the “Empire” actor’s trial on charges accusing him of lying to the police, saying there has been a lot of leaked misinformation and cameras would allow the public to “see the evidence and the lack thereof.”
Attorney Tina Glandian made the comments during a brief hearing Tuesday in Cook County criminal court during which both sides agreed that cameras would be allowed at the next hearing in the case, which is scheduled for Thursday. During that hearing, the case will be assigned to a trial judge who will then likely ask Smollett to enter a plea.
During the hearing, which was held after local news organizations requested that cameras be allowed in the courtroom, Judge LeRoy Martin, Jr. said that the new judge will decide whether or not to allow cameras in the courtroom during subsequent hearings and the trial.
After the hearing, Glandian told reporters that evidence has been presented against Smollett that is “demonstrably false.”
“We welcome cameras in the courtroom so that the public and the media can see the actual evidence and what we believe is the lack of evidence against Mr. Smollett and we look forward to complete transparency and the truth coming out,” she said.
Smollett was charged last month with one count of misconduct —the felony in Illinois that people are charged with when accused of lying to police — because he allegedly lied to police about being the victim of a racist and homophobic attack by two masked men in downtown Chicago on Jan. 29. Last week, a grand jury indicted him on 16 counts of the same crime.
Prosecutors allege that Smollett, who is black and gay, enlisted the help of two other black men and staged the Jan. 29 attack because he was unhappy with his salary and wanted to promote his career. Those men have admitted to police that they took part in the staged attack for Smollett, who paid them $3,500.
Smollett’s attorneys have called 16 counts “prosecutorial overkill.” The actor, who is free on bond, maintains his innocence. |
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Cooper elevates Court of Appeals judge to Supreme Court
Legal Opinions |
2019/03/03 12:28
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North Carolina Gov. Roy Cooper added a sixth Democrat to the seven-member state Supreme Court on Monday, elevating a current Court of Appeals judge to a vacancy created when Cooper recently named Cheri Beasley the chief justice.
Cooper, also a Democrat, announced he's appointing Judge Mark Davis as an associate justice. Davis will begin serving next month at least through 2020, and says he will campaign for a full term. Davis fills Beasley's old seat, which she held for over six years until she succeeded Chief Justice Mark Martin on March 1.
Davis will "continue to serve the people of North Carolina with great distinction, and I appreciate his willingness to take on this crucial role," Cooper said while presenting Davis at an Executive Mansion news conference.
Martin's surprise resignation to become dean of the Regent University law school in Virginia set in motion some chair shuffling within North Carolina's two appeals courts, which Cooper is empowered by state law to orchestrate. Cooper now also gets to pick Davis' successor on the 15-member Court of Appeals, which usually meets in three-judge panels to hear cases.
Davis' appointment emphasizes the recent dramatic change in the partisan composition of the Supreme Court, which has ruled this decade in politically charged decisions involving redistricting and Republican laws that eroded Cooper's powers. In some states, judicial races are nonpartisan. North Carolina candidates for nearly all judicial offices now run in partisan races, identified by political party.
Registered Republicans held a majority on North Carolina's high court for nearly 20 years before Democrats took a 4-3 seat advantage with the November 2016 election. Democrats picked up another seat last November, leaving Martin and Associate Justice Paul Newby as the only Republicans. Now Davis' appointment gives Democrats a 6-1 seat advantage.
While Cooper had no obligation to keep two Republicans on the court, GOP Senate leader Phil Berger still criticized the governor for picking another Democrat. Berger said in a release Cooper's that previous calls for a nonpartisan judiciary and balanced state government were just "empty rhetoric. Gov. Cooper is the hyper-partisan he has long condemned." Cooper's office didn't immediately respond to an email seeking comment. |
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Ohio Republicans defending state congressional map in court
Legal Line News |
2019/03/02 12:28
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Attorneys for Ohio Republican officials will call witnesses this week to defend the state's congressional map.
A federal trial enters its second week Monday in a lawsuit by voter rights groups that say the current seats resulted from "an unconstitutional partisan gerrymander." Their witnesses have included Democratic activists and voters who have expressed frustration and confusion with districts that have stayed at 12 Republicans, four Democrats, since they were drawn ahead of the 2012 elections.
Attorneys for the Republican officials being sued say the map resulted from bipartisan compromise, with each party losing one seat after population shifts in the 2010 U.S. Census caused Ohio to lose two congressional seats.
Among potential GOP witnesses is former U.S. House Speaker John Boehner (BAY'-nur) of West Chester, Ohio. |
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Governor says 'no executions' without court-backed drugs
Court News |
2019/02/26 09:34
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Recent statements and actions by Gov. Mike DeWine suggest Ohio could go years without executing another death row inmate.
Last month, the Republican governor ordered the prison system to come up with a new lethal drug protocol after a federal judge's scathing critique of the first drug in Ohio's method.
Last week, DeWine said Ohio "certainly could have no executions" during that search and the court challenges that would follow adopting a new system.
After Ohio started looking for new drugs in 2014, it took the state more than three years to establish its current three-drug lethal injection protocol. Since then, it has become even more difficult for states to find drugs, meaning a new search could easily last as long.
The first drug in Ohio's new system, the sedative midazolam, has been subject to lawsuits that argue it exposes inmates to the possibility of severe pain because it doesn't render them deeply enough unconscious.
Because of Ohio's use of midazolam, federal Judge Michael Merz called the constitutionality of the state's system into question in a Jan. 14 ruling and said inmates could suffer an experience similar to waterboarding.
But because attorneys for death row inmate Keith Henness didn't prove a viable alternative exists, Merz declined to stop the execution. But DeWine did, postponing Henness' execution from Feb. 13 until Sept. 12, although that would be contingent on the state having a new, court-approved lethal injection system in place, which is unlikely in that time frame.
Ohio is also scheduled to execute Cleveland Jackson on May 29, a timeline Merz questioned last week, given the governor's order. |
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