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W.Va. court hears 'rescue' funding arguments
Law Opinions |
2012/09/05 15:20
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Whether West Virginia Supreme Court candidate Allen Loughry receives additional public funds for his campaign hinges on whether the U.S. Supreme Court sees a difference between elections for the judiciary and races for other political posts, the state court was told during a hearing Tuesday.
Adam Skaggs, lawyer for the Republican hopeful, argued that legislative and executive branch officeholders are expected to favor agendas and interest groups that helped them win. But judges are supposed to harbor no bias, and West Virginia created the public financing pilot program amid concerns about campaign cash influencing the judiciary, said Skaggs, an official with the nonpartisan Brennan Center for Justice at New York University's law school.
"The state has compelling interests in the context of judicial elections that are absent from any other type of election," Skaggs told the court.
The point is crucial to Loughry's pursuit of "rescue" funds, normally triggered by spending by a traditionally financed candidate or outside group. With two, 12-year terms up on the court this year, Loughry alone among the four Supreme Court candidates has sought and received funding through the pilot program. Provided $350,000 for the general election, Loughry is seeking another $144,500 or so in matching funds. |
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Court spurns religious claim to name change
Law Opinions |
2012/08/01 11:44
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An appeals court has rejected a Kansas man's claim that the federal justice system's refusal to recognize his new Muslim name violates his constitutional religious rights.
The 10th U.S. Circuit Court of Appeals ruled Tuesday that Michael White failed to show it was unreasonable to deny his request to amend all records in his criminal case.
A lower court held that replacing the name Michael White with Abdul Hakeem Kareem Mujahid in all federal court records would create confusion.
Mujahid is serving 10 years at a prison in Colorado for killing another inmate at the U.S. Penitentiary in Leavenworth. A Kansas court granted his petition to change his name in December 2010.
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House acts against high court on eminent domain
Law Opinions |
2012/03/02 01:12
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The House sought Tuesday to undercut a 2005 Supreme Court ruling that gives state and local governments eminent domain authority to seize private property for economic development projects. Sponsors of the bill, which passed by a voice vote, said it was needed because the 5-4 high court ruling skewed constitutional intentions that eminent domain apply only to land for public use projects. That ruling, said bill cosponsor Rep. James Sensenbrenner, R-Wis., justified "the government's taking of private property and giving it to a private business for use in the interest of creating a more lucrative tax base." As a result, he said, the "government's power of eminent domain has become almost limitless, providing citizens with few means to protect their property." His legislation would withhold for two years all federal development aid to states or locales that take private property for economic development. It also bars the federal government from using eminent domain for economic development purposes and gives private property owners the right to take legal action if provisions of the legislation are violated. |
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Court Shows It Is Serious About Appellate Procedure
Law Opinions |
2011/06/10 23:52
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On June 8, 2011, the Indiana Court of Appeals demonstrated it is serious about enforcing the Rules of Appellate Procedure in Garrard v. Teibel, Cause No. 45A04-1003-PL-229, a memorandum decision, uncitable as authority under App. R. 65(D). In this case, a pro se appellant failed to include any statement of the case after 2007 (although summary judgment proceedings occurred in 2009) and failed to include any of the designated evidence from the summary judgment proceedings in his appendix. The Court found that the pro se appellant had waived all arguments on appeal and affirmed the trial court's order.
Lessons:
1.Although the Court cuts people a lot of slack in the form and content of their brief, its generosity has bounds.
Brad A. Catlin
Price Waicukauski amp; Riley, LLC |
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