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Supreme Court rejects challenge to voter ID law in Wisconsin
Attorney News | 2015/03/27 23:34

The U.S. Supreme Court on Monday turned away a challenge to Wisconsin's voter identification law, allowing the law to stand and handing a victory to Gov. Scott Walker following a long fight by opponents who say it's a thinly veiled attempt to make it more difficult for Democratic backers to vote.

The law won't be enforced for an April 7 election because it's only two weeks away, but it will be in subsequent elections, the state attorney general said. Walker, a likely 2016 Republican presidential candidate, is a longtime proponent of voter ID requirements and signed Wisconsin's into law in 2011. But it was only in effect for one low-turnout primary in 2012 before legal challenges kept it on hold.

The Supreme Court's decision not to take up the case ends the legal fight, for now. "This is great news for Wisconsin voters," Walker said in a statement. "As we've said, this is a common sense reform that protects the integrity of our voting process, making it easy to vote and hard to cheat."

Democratic critics, as well as a federal judge in Milwaukee who last year declared the law to be unconstitutional, say in-person voting fraud is extremely rare. In his ruling striking down the law, U.S. District Judge Lynn Adelman said there appears to have been one documented case of voter fraud in Wisconsin between 2004 and 2012, and that was committed by a man who obtained a ballot in the name of his deceased wife.

Opponents of the law say its true intent is to make it more difficult for older, poor and minority voters who tend to support Democrats and are more likely not to have the proper ID. The American Civil Liberties Union and allied groups persuaded Adelman to declare the law unconstitutional last year. But the 7th U.S. Circuit Court of Appeals in Chicago later ruled that the law did not violate the Constitution.


John Q. Kelly
Attorney News | 2015/03/11 22:10

JOHN Q. KELLY, referred to “…as the most sought after wrongful death lawyer in the land”, has an unsurpassed track record in high stakes, high profile wrongful death and personal injury litigation.

Subsequent to his landmark verdict as lead attorney for the Estate of Nicole Brown Simpson in its wrongful death action against O.J. Simpson, Mr. Kelly continues to successfully handle matters that receive national and international coverage, and has a reputation as a meticulous, no-nonsense litigator, schooled in the nuances of physical, forensic and circumstantial evidence, battle-tested in the courtroom on countless occasions, and seasoned by 30 years of deftly interacting with the media.

Mr. Kelly has appeared as both a featured guest and/or legal commentator frequently on all major network and cable news shows (NBC, ABC, CBS, CNN, Fox News) and been profiled/referenced in a multitude of publications, including Time Magazine, Newsweek Magazine, People Magazine, Worth Magazine, Greenwich Magazine, New York Magazine, New York Times, New York Post and New York Daily News.

Mr. Kelly is admitted to the New York State Bar and the Southern and Eastern Districts of the United States District Court and has argued appeals in the Second and Third Circuits of the U.S. Court of Appeals and New York State Appellate Division, 1st and 2nd Departments. He has handled matters in Connecticut, New York, Illinois, Arizona, California, Texas, Colorado, Pennsylvania, Florida, Puerto Rico, Aruba and Australia. Mr. Kelly divides his time between his office in New York City and in Greenwich, CT.


Court: Not disclosing HIV before sex is a misdemeanor
Attorney News | 2015/02/25 18:06


An HIV-positive man who told a partner that they could safely have unprotected sex should face a misdemeanor reckless endangerment charge, not a felony, New York's highest court ruled Thursday.

The Court of Appeals said Terrance Williams didn't expose his partner "out of any malevolent desire" to give him the virus that causes AIDS, though he lied about having the infection and his partner did get sick. The court said the Syracuse man didn't show "depraved indifference," which is necessary to support the felony charge.

The judges declined to decide whether HIV infection no longer "creates a grave and unjustifiable risk of death" because of advances in medical treatment. Two lower courts had reached that conclusion while knocking down the felony indictment to the lesser charge.

The felony could have sent Williams to prison for seven years. He still faces the misdemeanor and a possible year in jail if convicted.


NC Supreme Court considers status of private school vouchers
Attorney News | 2015/02/16 20:03

The state Supreme Court is about to decide whether millions of dollars in taxpayer money that started flowing this year to pay student tuition at private and religious schools continues for a second year.

The state's highest court hears arguments Tuesday on a ruling last summer that the Opportunity Scholarships program violates the state constitution because religious schools can discriminate based on faith. Wake County Superior Court Judge Robert Hobgood also said privately run K-12 schools are not required to meet state curriculum standards.

Supreme Court justices showed they're in a hurry to decide whether private school vouchers will continue by latching on to the case early. Parents are already looking ahead and the deadline for them to submit scholarship applications for the next academic year is March 1.

So far, more than $4.2 million has paid for 1,200 students to attend 216 private schools around the state, according to the State Education Assistance Authority. That's a fraction of the 5,500 students whose families sought one of the scholarships, said Darrell Allison, who heads a group that advocates for expanding the program. Three out of four applicants for the vouchers, which pay private schools up to $4,200 per child per year to schools that admit them, were minority students.

"There are literally thousands of families who are looking forward to their day in court — desperately hopeful for a favorable ruling," Allison, president of Parents for Educational Freedom in North Carolina, said in a statement.

The program opened this year to families whose income qualified their children for free or discounted school lunches, a ceiling of about $44,000 for a family of four. Eligibility increases for the year starting in August as the ceiling rises to nearly $59,000 per family.

Opponents of the voucher law complain that it violates the constitution because money from collected taxes goes to religious schools that have the option of ruling out students who don't follow their faith's beliefs, turning away the disabled or refusing the children of gay parents.


Court says Chuck Yeager can sue Utah gun safe company
Attorney News | 2015/02/16 20:03

A federal appeals court says record-setting test pilot Chuck Yeager can sue a Utah gun safe company that named a line of safes after him.

The 10th U.S. Circuit Court of Appeals in Denver ruled Tuesday that the 91-year-old can sue Fort Knox Security Products over an oral agreement from the 1980s that allowed the use of his name and picture in exchange for free safes.

The decision says the arrangement ended around 2008, after Yeager's wife started asking questions about it.

The court dismissed some claims but ruled that Yeager can sue over claims that the company kept using his likeness after the agreement ended. The company disputes that accusation.

Yeager served during World War II and became the first person to break the sound barrier in 1947.


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