Todays Date: Click here to add this website to your favorites
  rss
Legal News Search >>>
law firm web design
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming


Montana’s Supreme Court on Tuesday said it would allow the signatures of inactive voters to count on petitions seeking to qualify constitutional initiatives for the November ballot, including one to protect abortion rights.

District Court Judge Mike Menahan ruled last Tuesday that Secretary of State Christi Jacobsen’s office wrongly changed election rules to reject inactive voter signatures from three ballot initiatives after the signatures had been turned in to counties and after some of the signatures had been verified. The change to longstanding practices included reprogramming the state’s election software.

Jacobsen’s office last Thursday asked the Montana Supreme Court for an emergency order to block Menahan’s ruling that gave counties until this Wednesday to verify the signatures of inactive voters that had been rejected. Lawyers for organizations supporting the ballot initiatives and the Secretary of State’s Office agreed to the terms of the temporary restraining order blocking the secretary’s changes.

Justices said Jacobsen’s office failed to meet the requirement for an emergency order, saying she had not persuaded them that Menahan was proceeding under a mistake of law.

“We further disagree with Jacobsen that the TRO is causing a gross injustice, as Jacobsen’s actions in reprogramming the petition-processing software after county election administrators had commenced processing petitions created the circumstances that gave rise to this litigation,” justices wrote.

A hearing on an injunction to block the changes is set for Friday before Menahan.

The groups that sued — Montanans Securing Reproductive Rights and Montanans for Election Reform — alleged the state for decades had accepted signatures of inactive voters, defined as people who filed universal change-of-address forms and then failed to respond to county attempts to confirm their address. They can restore their active voter status by providing their address, showing up at the polls or requesting an absentee ballot.

Backers of the initiative to protect the right to abortion access in the state constitution said more than enough signatures had been verified by Friday’s deadline for it to be included on the ballot. Backers of initiatives to create nonpartisan primaries and another to require a candidate to win a majority of the vote to win a general election have said they also expect to have enough signatures.



A court in the United Arab Emirates sentenced dozens of Bangladeshi nationals to prison, including three for life imprisonment, over protests against their home government in the Gulf country, state media reported Monday.

The Abu Dhabi Federal Court of Appeal on Sunday handed 10-year prison sentences to 53 Bangladeshi nationals and an 11-year term to another Bangladeshi national, in addition to the three life imprisonments, according to the state-owned Emirates News Agency, WAM. The court ordered the deportation of the Bangladeshis from the UAE following their prison terms.

“The court heard a witness who confirmed that the defendants gathered and organised large-scale marches in several streets of the UAE in protest against decisions made by the Bangladeshi government,” WAM reported.

On Saturday, authorities in the United Arab Emirates ordered an investigation and an expedited trial of the arrested Bangladeshi nationals. The protests in the UAE followed weeks of demonstrations in Bangladesh by people upset about a quota system that reserved up to 30% of government jobs for relatives of veterans who fought in Bangladesh’s war of independence in 1971. The country’s top court on Sunday scaled back the controversial system, in a partial victory for the mostly student protesters.

The UAE’s attorney general’s office on Saturday indicted the Bangladeshis on several charges, including “gathering in a public place and protesting against their home government with the intent to incite unrest,” obstructing law enforcement, causing harm to others and damaging property, according to WAM.

Bangladeshi nationals make up the UAE’s third-largest expatriate community. Many of them are low-paid laborers seeking to send money back home to their families. The Emirates’ overall population of more than 9.2 million is only 10% Emirati.

Political parties and labor unions are banned in the UAE, a federation of seven sheikhdoms. Broad laws severely restrict freedom of speech and almost all major local media are either state-owned or state-affiliated outlets.



The U.S. Supreme Court granted a stay of execution for a Texas man 20 minutes before he was to receive a lethal injection Tuesday evening. The inmate has long maintained DNA testing would help prove he wasn’t responsible for the fatal stabbing of an 85-year-old woman during a home robbery decades ago.

The nation’s high court issued the indefinite stay shortly before inmate Ruben Gutierrez was to have been taken to the death chamber of a Huntsville prison.

Gutierrez was condemned for the 1998 killing of Escolastica Harrison at her home in Brownsville in Texas’ southern tip. Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of her mistrust of banks.

Gutierrez has sought DNA testing that he claims would help prove he had no role in her death. His attorneys have said there’s no physical or forensic evidence connecting him to the killing. Two others also were charged in the case.

The high court’s brief order, released about 5:40 p.m. CDT, said its stay of execution would remain in effect until the justices decide whether they should review his appeal request. If the court denies the request, the execution reprieve would automatically be lifted.

Gutierrez, who had been set to die after 6 p.m. CDT, was in a holding cell near the death chamber when prison warden Kelly Strong advised him of the court’s intervention.

“He was visibly emotional,” prison spokeswoman Amanda Hernandez said, adding he was not expecting the court stay. “We asked him if he wanted to make a statement but he needed a minute.”

“He turned around to the back of the cell, covered his mouth. He was tearing up, speechless. He was shocked.”

She said Gutierrez then prayed with a prison chaplain and added: “God is great!”

Gutierrez has had several previous execution dates in recent years that have been delayed, including over issues related to having a spiritual adviser in the death chamber. In June 2020, Gutierrez was about an hour away from execution when he got a stay from the Supreme Court.

In the most recent appeal, Gutierrez’s attorneys had asked the Supreme Court to intervene, arguing Texas has denied his right under state law to post-conviction DNA testing that would show he would not have been eligible for the death penalty.



A former Boston lawyer and prosecutor who was once named one of People magazine’s most eligible bachelors was sentenced Monday to between five and 10 years in state prison for rape.

Gary Zerola, 52, was found guilty last month after a jury deliberated for five hours and has been incarcerated since then. He was acquitted of a greater charge of aggravated rape and burglary.

Prosecutors said that Zerola, in January 2021, paid more than $2,000 for a night of drinking with a woman he was dating and her 21-year-old friend who’d just graduated from college. The friend became intoxicated and had to be helped back to her Beacon Hill apartment. Zerola later entered the apartment without permission and sexually assaulted the woman around 2 a.m. while she was sleeping, prosecutors said.

In a victim impact statement that was read in court, the woman said she’d tried desperately to not allow the incident to affect her, or to give Zerola any power over the rest of her life. But she said that participating in the trial had brought up “the significant and insidious effect this event has had on my life.”

“For months after the incident, I experienced nightly recurring nightmares reliving the assault. Even today, I still have nightmares of someone breaking into my apartment and trying to assault me,” the woman wrote. The Associated Press does not generally name victims of sexual assault.

“These cases are always difficult, and this victim deserves enormous credit for taking the stand and telling the jury what happened to her that night,” Suffolk District Attorney Kevin Hayden said in a statement after the verdict.

Zerola’s attorney Joseph Krowski Jr. said Monday that his client is appealing the conviction. He said the sentence wasn’t what they wanted, but was within or close to the recommended guideline range for somebody without a previous criminal record. He pointed out that Zerola had been acquitted on two of the three original charges.

Krowski Jr. said his client was doing “as well as could be expected under the circumstances” and was going to put his time to good use and come out of the experience for the better.

Zerola had previously been accused of other sexual assaults but wasn’t convicted in those cases. He had faced two rape charges in Suffolk County and was acquitted in 2023, according to the district’s attorney’s office. He also was charged in three sexual assault cases between 2006 and 2007, but was not convicted.

Zerola worked as an assistant district attorney in Essex County for one year, and in Suffolk County for two months in 2000, according to former District Attorney Rachael Rollins’ office. He was arrested in January 2021.



Sixteen jurors were seated Tuesday for Alec Baldwin’s involuntary manslaughter trial in New Mexico, where opening statements are set to start Wednesday.

Five men and 11 women were chosen by Santa Fe County special prosecutors and the actor’s team of defense attorneys. Twelve will be designated as the jury and four as alternates by the court only after they hear the case.

They’ll be tasked with deciding whether Baldwin committed the felony when, during a rehearsal in October 2021, a revolver went off while he was pointing it at cinematographer Halyna Hutchins, killing her and wounding director Joel Souza. They were on the set of the Western film “Rust,” at Bonanza Creek Ranch some 18 miles (29 kilometers) from where the trial is being held.

Media members were not allowed in the courtroom when attorneys used their challenges to strike jurors. Judge Mary Marlowe Sommer swore in the jury, told them to avoid news about the case and to report Wednesday morning.

Baldwin, 66, could get up to 18 months in prison if the jurors unanimously find him guilty.

The selection got off to a slow start Tuesday with a delay of over two hours due to technical problems, but the panel was selected in a single day as expected.

When Marlowe Sommer asked the pool of 70 possible jurors if they were familiar with the case, all but two raised their hands to indicate they were.

Two others indicated they would not be able to be fair and impartial and were excused.

Baldwin, the star of “30 Rock” and “The Hunt for Red October” and a major Hollywood figure for 35 years, sat in the courtroom with a team of four of his lawyers, dressed in a gray suit, dark tie, white shirt with glasses and neatly combed hair.

His wife, Hilaria Baldwin, and his brother, “The Usual Suspects” actor Stephen Baldwin, were seated in the back of the courtroom.

Under questioning from prosecutor Kari Morrissey, a potential juror said she hates firearms, but many others acknowledged owning them and few people expressed strong opinions about guns.

Baldwin’s lawyer Alex Spiro in his questioning highlighted the gravity of the situation — “obviously someone lost their life” — and asked jurors to come forward with any reservations about their own ability to be fair and impartial.



Law Promo's specialty is law firm web site design.

A LawPromo Web Design



ⓒ Legal News Post - All Rights Reserved.

The content contained on the web site has been prepared by Legal News Post
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance.