|
|
|
Nebraska high court to decide if residents with felony records can vote
Law Firm Press Release |
2024/10/15 06:28
|
Thousands of Nebraska residents with felony records will learn Wednesday whether they’ll be able to vote in next month’s hotly contested elections after the state Supreme Court issues its ruling on a lawsuit seeking to restore their voting rights.
The state’s high court heard arguments in August on a lawsuit challenging a decision by the state’s top election officials to ignore a new state law restoring the voting rights of those who have been convicted of a felony.
The decision comes just days ahead of state deadlines to register to vote in the Nov. 5 general election.
Brad Christian-Sallis, a director at the nonprofit civic engagement organization Nebraska Table, said he has heard from those with felony criminal records who were looking forward to voting not just in the presidential race, but on state and local races that affect their neighborhoods and schools.
“It’s absolutely caused a lot of anxiety and frustration,” he said.
Secretary of State Bob Evnen ordered county election officials not to register those with felony convictions for the November election after the state’s attorney general, Mike Hilgers, said in July that the new law was unconstitutional. Evnen had sought that opinion from Hilgers.
The American Civil Liberties Union sued on behalf of several Nebraska residents who would be denied the right to vote under Evnen’s directive. Because Evnen’s move came only weeks ahead of the November election, the ACLU asked to take the lawsuit directly to the Nebraska Supreme Court, and the high court agreed.
Evnen’s order could keep more than 7,000 Nebraska residents from voting in the upcoming election, the ACLU has said. Many of them reside in Nebraska’s Omaha-centered 2nd Congressional District, where both the race for president and Congress could be in play. In an otherwise reliably Republican state that, unlike most others, splits its electoral votes, the district has twice awarded an electoral vote to Democratic presidential candidates — once to Barack Obama in 2008 and again to Joe Biden in 2020.
Civic Nebraska, a voting rights advocacy group, is a plaintiff in the lawsuit seeking to force state officials to enact the new law.
“Whenever the decision comes, we have a plan to run registration drives and get the word out,” the group’s voting rights restoration coordinator, Noah Rhoades, said in an open letter to voters last week.
The law, passed by the Nebraska Legislature this year and often referred to by its bill number, LB20, immediately restores the voting rights of people who have successfully completed the terms of their felony sentences.
The attorney general’s opinion says the new law violates the state constitution’s separation of powers because he believes only the Nebraska Board of Pardons has the authority to restore a person’s voting rights through a pardon.
Pardons are hard to get in Nebraska, which requires those convicted of felonies to wait 10 years after their terms to even file an application for a pardon, and are rarely granted. The Pardons Board is made up three members: Evnen, Hilgers and Gov. Jim Pillen. All three are Republicans who have been vocal about their opposition to restoring the voting rights of those with felony records.
Hilgers’ opinion also found unconstitutional a 2005 state law that restored the voting rights of people with felony convictions two years after they complete the terms of their sentences. If that law is upheld as unconstitutional, it could disenfranchise tens of thousands of Nebraskans who have been eligible to vote for the last 19 years.
Evnen has said he has not taken steps to remove from the voter rolls those with felony convictions who had legally registered to vote under the 2005 law. But that has done little to assuage the concern of people who have been able to legally voted for years, Christian-Sallis said.
|
|
|
|
|
|
|
Karen Read seeks to delay wrongful death suit until after murder trial
Law Firm Press Release |
2024/10/03 13:31
|
Karen Read is seeking to delay a wrongful death lawsuit filed by the family of her Boston police officer boyfriend until her criminal trial in connection with his death is done.
Karen Read sits in court
The lawsuit filed last month blames the death of John O’Keefe on Read, and also on what it describes as negligence by bars that continued to serve drinks to her despite signs she was drunk. It says the first bar served her seven alcoholic drinks in about 90 minutes the night of Jan. 28, 2022, and that Read carried the last drink into the second bar, where she was served a shot and a mixed alcoholic drink within an hour.
Read’s attorneys on Wednesday filed a motion to delay a trial on the lawsuit until after her criminal trial. Read is accused of ramming into John O’Keefe with her SUV and leaving him for dead in a January 2022 snowstorm. Her two-month trial ended in July when a judge declared a mistrial, and a second trial is scheduled for Jan. 27.
“A stay is appropriate here, where proceeding with this civil action at the same time as the criminal action will adversely affect Ms. Read’s Fifth Amendment rights and her ability to vigorously defend herself from criminal prosecution,” her lawyers wrote in the motion, adding that her requested stay is “minimal and not prejudicial” since the wrongful death lawsuit is not expected to be finished until at least August 2027.
But an attorney for O’Keefe’s brother, Paul, and other relatives who filed the lawsuit oppose any delays and suggested the reliance on the Fifth Amendment ignored the fact she has has spoken publicly about her case several times to the media and will be subject of at least one upcoming documentary.
The lawsuit filed in Plymouth Superior Court in Massachusetts by Paul O’Keefe on behalf of his family and his brother’s estate names Read, the Waterfall Bar & Grill and C.F. McCarthy’s as defendants. It asks for a jury trial.
Read has pleaded not guilty and awaits a Jan. 27 retrial on charges of second-degree murder, manslaughter while operating a motor vehicle under the influence and leaving the scene of a fatal accident. Her two-month criminal trial ended in July when the judge declared a mistrial after jurors said they were deadlocked. The judge dismissed arguments that jurors later said they had unanimously agreed Read wasn’t guilty on the charges of murder and leaving the scene.
After the bar-hopping, Read — a former adjunct professor at Bentley College — dropped off O’Keefe, a 16-year member of the Boston police, outside the Canton home of another police officer. His body was found in the front yard. An autopsy found O’Keefe died of hypothermia and blunt force trauma.
Read’s lawyers argued that O’Keefe was killed inside the home and that those involved chose to frame her because she was a “convenient outsider.”
The lawsuit says Read and O’Keefe had been arguing and that she knew she had hit him with her SUV before returning to his home. It alleges that she woke up his 14-year-old niece several hours later saying that something had happened to O’Keefe and that he might have been hit by her or a snow plow.
|
|
|
|
|
|
|
Mexican cartel leader’s son convicted of violent role in drug trafficking plot
Law Firm Press Release |
2024/09/21 06:48
|
The son of a Mexican drug cartel leader was convicted Friday of charges that he used violence, including the deadly downing of a military helicopter, to help his father operate one of the country’s largest and most dangerous narcotics trafficking organizations.
Rubén Oseguera, known as “El Menchito,” is the son of fugitive Jalisco New Generation cartel boss Nemesio Oseguera and served as the “CJNG” cartel’s second-in-command before his extradition to the U.S. in February 2020.
A federal jury in Washington, D.C., deliberated for several hours over two days before finding the younger Oseguera guilty of both counts in his indictment: conspiring to distribute cocaine and methamphetamine for U.S. importation and using a firearm in a drug conspiracy.
“El Menchito now joins the growing list of high-ranking Cartel leaders that the Justice Department has convicted in an American courtroom,” Attorney General Merrick Garland said in an emailed statement. “We are grateful to our Mexican law enforcement partners for their extensive cooperation and sacrifice in holding accountable leaders of the Jalisco Cartel.”
The younger Oseguera, who was born in California and holds dual U.S.-Mexican citizenship, is scheduled to be sentenced Jan. 10 by U.S. District Judge Beryl Howell. He faces a maximum sentence of life in prison and a mandatory minimum of 40 years in prison.
Oseguera didn’t have an obvious reaction to the jury’s verdict. One of his lawyers patted him on his shoulder before he was led out of the courtroom.
The U.S. government has offered a reward of up $10 million for information leading to the arrest of the elder Oseguera, whose alias, “El Mencho,” is a play on his first name.
Prosecutors showed jurors a rifle bearing Oseguera’s nicknames, “Menchito” and “JR,” along with the cartel’s acronym. The gun was in his possession when he was arrested.
“JR” also was etched on a belt found at the site where a Mexican military helicopter crashed after cartel members shot the aircraft down with a rocket-propelled grenade in 2015. Prosecutors said the younger Oseguera, now 34, ordered subordinates to shoot down the helicopter in Jalisco, Mexico, so that he and his father could avoid capture. At least nine people on board the helicopter were killed in the attack, according to prosecutors.
Oseguera ordered the killings of at least 100 people and frequently bragged about murders and kidnappings, according to prosecutors. They said he personally shot and killed at least two people, including a rival drug trafficker and a disobedient subordinate.
During the trial’s closing arguments Thursday, Justice Department prosecutor Kaitlin Sahni described Oseguera as “a prince, an heir to an empire.”
“But this wasn’t a fairytale,” she said. “This was the story of the defendant’s drugs, guns and murder, told to you by the people who saw it firsthand.”
Jurors heard testimony from six cooperating witnesses who tied Oseguera to drug trafficking.
Defense attorney Anthony Colombo tried to attack the witnesses’ credibility and motives, calling them “sociopaths” who told self-serving lies about his client. |
|
|
|
|
|
|
After just a few hours, U.S. election bets put on hold by appeals court ruling
Law Firm Press Release |
2024/09/14 11:20
|
Just hours after it began, legal betting on the outcome of U.S. Congressional elections has been put on hold by a federal appeals court.
The Court of Appeals for the District of Columbia Circuit issued an order Thursday night temporarily freezing the matter until it can consider and rule on the issue. No timetable was initially given.
The court acted at about 8:30 p.m. Thursday, mere hours after a federal judge cleared the way for the only bets on American elections to be legally sanctioned by a U.S. jurisdiction.
U.S. District Court Judge Jia Cobb permitted New York startup company Kalshi to begin offering what amounts to bets on the outcome of November elections regarding which parties win control of the House and Senate.
The company’s markets went live soon afterwards, and Kalshi accepted an unknown amount of bets, which it called “contracts.”
The Thursday night order put a halt to any further such bets. What might happen to those already made was unclear Friday.
Neither Kalshi nor the commission immediately responded to messages seeking comment Friday.
The ruling came after the Commodity Futures Trading Commission appealed Cobb’s ruling, warning that allowing election bets, even for a short period of time, risked serious harm from people trying to manipulate the election for financial purposes.
The Thursday night order put a halt to any further such bets. What might happen to those already made was unclear Friday.
Neither Kalshi nor the commission immediately responded to messages seeking comment Friday.
The ruling came after the Commodity Futures Trading Commission appealed Cobb’s ruling, warning that allowing election bets, even for a short period of time, risked serious harm from people trying to manipulate the election for financial purposes.
|
|
|
|
|
|
Law Firm News RSS Feed
