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NC court blocks law stripping governor of election powers
Legal Information | 2017/02/14 01:13
North Carolina's Supreme Court on Monday again blocked a state law approved by Republicans that strips the new Democratic governor of powers to oversee elections.

A lower appeals court briefly let the law to take effect last week, allowing a revamped state elections board to meet for the first time Friday. It's one of the changes passed in late December that shift power over running elections away from Gov. Roy Cooper.

"We are pleased the Supreme Court has put the injunction back in place until the judges can hear and decide the full case" early next month, Cooper spokeswoman Noelle Talley wrote in an email.

The law ends the practice of allowing the governor's political party to hold majorities on all state and county elections boards. Instead of Democrats holding sway over running elections and resolving voting disputes, elections board positions would be evenly divided between major-party partisans.

Republicans would control elections during even-numbered years, when big races for president, legislature or other major statewide offices are held. The measure also merges the state ethics and elections boards into one.

Lawyers representing state House Speaker Tim Moore, R-Cleveland, and Senate leader Phil Berger, R-Rockingham, did not respond to emails seeking comment after the Supreme Court's decision.

Cooper, Moore and Berger are also fighting in court over another new law aiming to restrict the Democrat's ability to alter the state's recent conservative direction.

A panel of three state trial court judges is considering whether to continue blocking a law requiring Senate confirmation of Cooper's Cabinet secretaries.

The law requiring Senate consent to Cooper's top appointees came during a surprise special session barely a week after Republican incumbent Pat McCrory conceded to Cooper in their close gubernatorial race.



Ohio's high court dismisses media lawsuit over bodycam video
Legal Information | 2016/12/22 23:30
The Ohio Supreme Court dismissed a public information lawsuit Tuesday without ruling on its argument that video from police body cameras are public record and should be released on request.

In not taking up the issue, the court noted that the video had already been released — two days after news organizations requested the footage in the July 19, 2015, traffic stop and fatal shooting of a black motorist by a white University of Cincinnati officer.

News organizations including The Associated Press sued Hamilton County Prosecutor Joe Deters last year when he initially refused to release the police bodycam video. Deters released the material after the officer was indicted on charges including murder.

In Tuesday's ruling, Justice Judith Ann Lanzinger wrote that the prosecutor was entitled to review the video first to determine whether any information had to be redacted; she noted that Deters produced the footage six days after he received it.

"We conclude that he responded in a reasonable period of time," she said.

Deters said he was pleased with the decision, saying "it lets the prosecutor do his job to investigate cases before material is released to the media potentially jeopardizing future prosecution."

Attorney Jack Greiner, representing the media groups, called it a narrow decision with little precedent-setting value. He noted it doesn't affect a Dec. 6 ruling by the state Supreme Court that said video footage from police cruiser dash cameras is public record that, with some exceptions, should be promptly released upon request.





High court turns away appeal from former AIG executives
Legal Information | 2016/12/20 23:31
The Supreme Court won't hear an appeal from two former American International Group executives seeking to avoid civil fraud claims on charges they hid hundreds of millions of dollars in losses from investors.

The justices on Monday let stand a lower court ruling that said former chief executive officer Maurice Greenberg and former chief financial officer Howard Smith must stand trial.

executives of manipulating AIG's accounting records to hide hundreds of millions of dollars in losses from investors.

The state seeks an order banning Greenberg from working in the securities industry or as an executive for any public company. It also is seeking $53 million, including bonuses Greenberg received during the period he is alleged to have manipulated the company's finances.

Greenberg was seen at Trump Tower in New York on Monday. He did not stop to speak with the press.



Massachusetts teen due in court in texting suicide case
Legal Information | 2016/12/20 23:31
A Massachusetts woman accused of sending her boyfriend text messages encouraging him to kill himself is due in court for a pretrial hearing.

Michelle Carter is charged with manslaughter in the 2014 death of Conrad Roy III. The 18-year-old Roy died of carbon monoxide poisoning. Prosecutors say the then-17-year-old Carter had sent him dozens of messages urging him to follow through on his suicide plan.

Earlier this month, Carter’s attorney asked a judge for funds to hire an expert to explain the effects of an antidepressant to a jury at Carter’s trial. The judge denied the request.

Carter’s lawyer said both teens were taking an antidepressant that has a warning that it may cause suicidal thoughts.

Carter’s lawyer said he may make additional arguments at a hearing scheduled for Monday.


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