Monday, March 29, 2021
Appellate court arguments set for Charleston church shooter
Attorneys for the man sentenced to federal death row for the racist slayings of nine members of a Black South Carolina congregation are set to formally argue that his conviction and death sentence should be overturned.
Oral arguments have been set for May 25 before the 4th U.S. Circuit Court of Appeals in the case of Dylann Roof, according to federal court records.
In 2017, Roof became the first person in the U.S. sentenced to death for a federal hate crime. Authorities have said Roof opened fire during the closing prayer of a 2015 Bible study session at Mother Emanuel AME Church in Charleston, raining down dozens of bullets on those assembled.
Serving as his own attorney in the sentencing phase of his trial, the self-avowed white supremacist neither fought for his life nor explained his actions, remorse, saying only that “anyone who hates anything in their mind has a good reason for it.”
Roof’s 2017 appeal to the 4th Circuit came as no surprise, as transcripts of hearings to determine his trial competency revealed that Roof told his lawyers he’d seek appeals to drag his case out as long as he could. With the passage of time, Roof explained, he expected white supremacists to take over the U.S., pardon him for the killings and make him governor of South Carolina.
Following his federal death penalty trial, Roof was given nine consecutive life sentences after he pleaded guilty in 2017 to state murder charges, leaving him to await execution in a federal prison and sparing his victims and their families the burden of a second trial.
After that sentencing, Solicitor Scarlett Wilson ? who had also been pursuing the death penalty ? called the deal “an insurance policy for the federal conviction,” ensuring that Roof would spend the rest of his life in prison, should the federal sentence not stand.
Wilson also said that she felt more confident a federal death sentence would be carried out under the newly minted Trump administration that it would have been under a Democratic one. At the time, there was anticipation that then-President Donald Trump might swiftly resume federal executions, following cessation of the practice under several several previous administrations.
Trump’s decision to reinstate federal executions didn’t come until 2020, however, when his Justice Department ended a 17-year hiatus, going on to oversee a total of 13 federal executions. Due to his remaining appeals, Roof’s case was not eligible for execution at that time.
Tuesday, December 22, 2020
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Trump wants Supreme Court to overturn Pa. election results
Undeterred by dismissals and admonitions from judges, President Donald Trump’s campaign continued with its unprecedented efforts to overturn the results of the Nov 3. election Sunday, saying it had filed a new petition with the Supreme Court.
The petition seeks to reverse a trio of Pennsylvania Supreme Court cases having to do with mail-in ballots and asks the court to reject voters’ will and allow the Pennsylvania General Assembly to pick its own slate of electors.
While the prospect of the highest court in the land throwing out the results of a democratic election based on unfounded charges of voter fraud is extraordinary unlikely, it wouldn’t change the outcome. President-elect Joe Biden would still be the winner even without Pennsylvania because of his wide margin of victory in the Electoral College.
“The petition seeks all appropriate remedies, including vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements,” Trump attorney Rudy Giuliani said in a statement.
He is asking the court to move swiftly so it can rule before Congress meets on Jan. 6 to tally the vote of the Electoral College, which decisively confirmed Biden’s win with 306 electoral votes to Trump’s 232. But the justices are not scheduled to meet again, even privately, until Jan 8, two days after Congress counts votes.
Pennsylvania last month certified Biden as the winner of the state’s 20 Electoral College votes after three weeks of vote counting and a string of failed legal challenges.
Trump’s campaign and his allies have now filed roughly 50 lawsuits alleging widespread voting fraud. Almost all have been dismissed or dropped because there is no evidence to support their allegations.
Trump has lost before judges of both political parties, including some he appointed. And some of his strongest rebukes have come from conservative Republicans. The Supreme Court has also refused to take up two cases — decisions that Trump has scorned.
The new case is at least the fourth involving Pennsylvania that Trump’s campaign or Republican allies have taken to the Supreme Court in a bid to overturn Biden’s victory in the state or at least reverse court decisions involving mail-in balloting. Many more cases were filed in state and federal courts. Roughly 10,000 mail-in ballots that arrived after polls closed but before a state court-ordered deadline remain in limbo, awaiting the highest court’s decision on whether they should be counted.
The Trump campaign’s filing Sunday appears to target three decisions of Pennsylvania’s Democratic-majority state Supreme Court. In November, the state’s highest court upheld a Philadelphia judge’s ruling that state law only required election officials to allow partisan observers to be able to see mail-in ballots being processed, not stand close enough to election workers to see the writing on individual envelopes.
It also ruled that more than 8,300 mail-in ballots in Philadelphia that had been challenged by the Trump campaign because of minor technical errors — such as a voter’s failure to write their name, address or date on the outer ballot envelope — should be counted. In October, the court ruled unanimously that counties are prohibited from rejecting mail-in ballots simply because a voter’s signature does not resemble the signature on the person’s voter registration form.
The Pennsylvania Republican Party has a pending petition on the state’s mail-in-ballot deadline in which the party specifically says in its appeal that it recognizes the issue will not affect the outcome of the 2020 election.
High court opening tops Pennsylvania’s 2021 judicial races
Statewide judicial races will be among Pennsylvania’s most closely watched election contests in the coming year, with lawyers and judges around the state already lining up supporters and trying to figure out if they can raise enough money to win.
The marquee race will be for Supreme Court, where the Democrats’ 5-2 majority has flexed its muscle with a series of rulings this year about mail-in balloting and coronavirus restrictions.
Chief Justice Thomas Saylor, a Republican, will reach the mandatory retirement age of 75 in 2021, and keeping his seat in GOP hands is critical to his party’s hopes to eventually reclaim a majority on the high court.
While a lot can change, for now at least three Superior Court judges are running — Democrats Maria McLaughlin and Carolyn Nichols, and Republican Vic Stabile. Commonwealth Court Judge Kevin Brobson, a Republican, is also considering it. Pay for appeals court judges starts at $202,000.
The two state party organizations will decide in the coming months whether to endorse a candidate in the May primary and if so, who that will be.
Endorsements would likely narrow the field. They come with financial and logistical backing that are particularly important for judicial candidates, who are generally not career politicians and face special restrictions on their role in fundraising.
Stabile contacted members of the Republican State Committee last week to say he wants the endorsement.
“I would run, of course, if I got the endorsement,” Stabile said. And if not? “In all likelihood, I would respect that, wish the other person good luck and step aside.”
Nichols plans a formal announcement next month.
“I am in it to run,” she said Monday. “I’m certainly out there attending virtual meetings and putting myself out there. I’m in an early stage.”
On Superior Court, an intermediate appeals court that handles most criminal and civil appeals from county courthouses, two judges are seeking retention in unopposed, up-or-down contests.
Superior Court terms are 10 years, but if Republican Judge John T. Bender’s retention campaign is successful he will serve briefly before reaching age 75. Party and court sources said Judge Mary Jane Bowes, a Republican, will also stand for retention. Nearly every statewide justice or judge who has ever run for retention has won.
The lone Superior Court vacancy is now held by Republican Judge Susan P. Gantman, who is retiring after 17 years. Gantman said her plans include writing children’s books on the topic of civics.
Tuesday, November 6, 2018
Heated congressional, court races on Arkansas midterm ballot
A push by Democrats to flip a Republican-held congressional seat that represents the Little Rock area and a state Supreme Court race that has drawn heavy spending by a conservative interest group have drawn the most attention in Arkansas' midterm election.
The campaigns for the 2nd Congressional District and state Supreme Court seats became increasingly bitter and expensive in the run-up to Tuesday's election, especially from outside groups that have been airing attack ads and sending mailers. The races have overshadowed an election in which Democrats face long odds of making gains in the solidly Republican state.
The secretary of state's office hasn't predicted how many of Arkansas' nearly 1.8 million registered voters will cast ballots in the election, but more than 350,000 had voted early through Friday.
Republicans have a solid hold on Arkansas' four U.S. House seats and President Donald Trump easily won the state two years ago, but Democrats believe they have a chance to flip a Little Rock-area district by focusing on the incumbent's vote to repeal the federal health care law.
Democrat Clarke Tucker is trying to unseat two-term Republican Rep. French Hill in the 2nd Congressional District, which represents Little Rock and seven surrounding counties. Tucker is a state legislator who regularly talks about his battle with bladder cancer and his support for the Affordable Care Act, especially its protections for those with pre-existing conditions
Supreme Court cites security in change to Kavanaugh ceremony
The Supreme Court says new Justice Brett Kavanaugh won't take the traditional walk down the courthouse steps after his ceremonial installation on the court because of security concerns.
Kavanaugh's investiture ceremony is scheduled for Thursday morning in the courtroom. It is customary for a new justice to walk down the 44 marble steps in front of the building, accompanied by the chief justice. The moment provides a chance for news organizations to photograph the justice, since the courtroom event is closed to cameras.
Court spokeswoman Kathy Arberg said Friday that the change is being made "out of an abundance of caution due to security concerns." Kavanaugh was confirmed Oct. 6 by a 50-48 Senate vote following an allegation he sexually assaulted a woman decades ago. He denied any wrongdoing.
Bahrain opposition leader sentenced to life by high court
A Shiite cleric who was a central figure in Bahrain's 2011 Arab Spring protests was sentenced to life in prison Sunday on spying charges.
The ruling by the Supreme Court of Appeals came after Sheikh Ali Salman was acquitted of the charges by a lower court in June. Human rights groups and activists say the charges against him are politically-motivated and related to his work as a leading opposition figure.
The verdict was issued just weeks before parliamentary elections are set to take place without the Al-Wefaq political group Salman once led. Al-Wefaq, which was the tiny Gulf nation's largest Shiite opposition bloc, was ordered dissolved in 2016 as part of a crackdown on dissent in the kingdom, which has a Shiite majority but is ruled by a Sunni monarchy.
The state-run Bahrain News Agency reported the appellate court's decision Sunday without naming the defendants, saying three individuals were found guilty of the spying charges.
Human Rights First, an activist group, confirmed the ruling refers to Salman. His co-defendants in the case— Sheikh Hassan Ali Juma Sultan and Ali Mahdi Ali al-Aswad— are also former al-Wefaq officials.
The three faced charges of disclosing sensitive information to Qatar that could harm Bahrain's security in exchange for financial compensation. The state-run news agency said prosecutors presented recorded phone conversations as evidence.
Last year, Bahrain state television aired the recorded calls between Salman and Qatar's then-Prime Minister Sheikh Hamad bin Jassim Al Thani during the 2011 protests
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