Wednesday, December 21, 2022

FTX founder could be sent to US after extradition hearing

Sam Bankman-Fried is back in a Bahamian court Wednesday for an extradition hearing that could clear the way for the one-time billionaire to be sent to the U.S. to face criminal charges related to the collapse of cryptocurrency exchange FTX. In a court in Nassau, Bahamas, on Monday, Bankman-Fried’s lawyers said he had agreed to be extradited to the U.S., but the necessary paperwork had not yet been written up. If approved, Bankman-Fried could be on a plane to the U.S. as early as Wednesday afternoon. Bahamian authorities arrested Bankman-Fried last week at the request of the U.S. government. U.S. prosecutors allege he played a central role in the rapid collapse of FTX and hid its problems from the public and investors. The Securities and Exchange Commission said Bankman-Fried illegally used investors’ money to buy real estate on behalf of himself and his family. The 30-year-old could potentially spend the rest of his life in jail. Bankman-Fried was denied bail Friday after a Bahamian judge ruled that he posed a flight risk. The founder and former CEO of FTX, once worth tens of billions of dollars on paper, is being held in the Bahamas’ Fox Hill prison, which has been has been cited by human rights activists as having poor sanitation and as being infested with rats and insects. Once he’s back in the U.S., Bankman-Fried’s attorney will be able to request that he be released on bail.

Sunday, December 4, 2022

Supreme Court weighs ‘most important case’ on democracy

The Supreme Court is about to confront a new elections case, a Republican-led challenge asking the justices for a novel ruling that could significantly increase the power of state lawmakers over elections for Congress and the presidency. The court is set to hear arguments Wednesday in a case from North Carolina, where Republican efforts to draw congressional districts heavily in their favor were blocked by a Democratic majority on the state Supreme Court because the GOP map violated the state constitution. A court-drawn map produced seven seats for each party in last month’s midterm elections in highly competitive North Carolina. The question for the justices is whether the U.S. Constitution’s provision giving state legislatures the power to make the rules about the “times, places and manner” of congressional elections cuts state courts out of the process. “This is the single most important case on American democracy — and for American democracy — in the nation’s history,” said former federal judge Michael Luttig, a prominent conservative who has joined the legal team defending the North Carolina court decision.

Saturday, November 26, 2022

Judge denies 19-year-old’s ask to attend father’s execution

A federal judge has denied a request from a 19-year-old woman to allow her to watch her father’s death by injection, upholding a Missouri law that bars anyone under 21 from witnessing an execution. Kevin Johnson is set to be executed Tuesday for killing Kirkwood, Missouri, Police Officer William McEntee in 2005. Johnson’s lawyers have appeals pending that seek to spare his life. His daughter, Khorry Ramey, had sought to attend the execution, and the American Civil Liberties Union had filed an emergency motion with a federal court in Kansas City. The ACLU’s court filing said the age requirement served no safety purpose and violates Ramey’s constitutional rights. But U.S. District Judge Brian C. Wimes ruled late Friday that Ramey’s constitutional rights would not be violated by the law. “I’m heartbroken that I won’t be able to be with my dad in his last moments,” Ramey said in a statement. “My dad is the most important person in my life. He has been there for me my whole life, even though he’s been incarcerated.” While the judge acknowledged that the law would cause emotional harm for Ramey, he found that was just one part of the court’s consideration and the law did not violate her constitutional rights. Ramey said she was praying that Gov. Michael Parson would grant her father clemency. Johnson’s lawyers have filed appeals seeking to halt the execution. They don’t challenge his guilt but claim racism played a role in the decision to seek the death penalty, and in the jury’s decision to sentence him to die. Johnson is Black and McEntee was white. Johnson’s lawyers also have asked the courts to intervene for other reasons, including a history of mental illness and his age — he was 19 at the time of the crime. Courts have increasingly moved away from sentencing teen offenders to death since the Supreme Court in 2005 banned the execution of offenders who were younger than 18 at the time of their crime. In a court filing to the U.S. Supreme Court, the Missouri Attorney General’s Office stated there were no grounds for court intervention.

Monday, November 21, 2022

Man granted new trial in 2006 triple murder freed after plea

An man granted a new trial in the murders of three men in Ohio more than a decade and a half ago has been released after reaching a plea agreement with prosecutors. Stoney Thompson, 43, was originally sentenced in Lucas County to three consecutive life terms in the October 2006 slayings of Todd Archambeau, 44, Kenneth Nicholson, 41, and Michael York, 44, who were found shot and stabbed in a boarded-up house in Toledo. Thompson, originally convicted of complicity to commit murder, was resentenced on involuntary manslaughter convictions under the plea agreement, The (Toledo) Blade reported. He submitted an Alford plea, in which a defendant does not acknowledge guilt but concedes that prosecutors have sufficient evidence for conviction. Judge James Bates sentenced Thompson to six years for each involuntary manslaughter count to be served consecutively for a total of 18 years. The judge allowed his release but ordered him to remain on probation for the remaining two years of the sentence. The Sixth U.S. District Court of Appeals in July had ordered a new trial for Thompson, citing evidence not turned over to the defense by prosecutors that included other potential suspects, recorded testimony of other parties, and a photo of a bloody shoe print that didn’t match Thompson’s own shoes. Thompson’s brother, Goldy, was acquitted in the same case following a separate trial in which the evidence hadn’t been withheld, the newspaper reported. The appeals court judges also cited a lack of physical evidence tying the defendant to the crimes and noted as “strange” the jury’s decision to acquit Thompson of firearms specifications in each death, given that the victims were all shot and one died of a gunshot wound.

Friday, November 11, 2022

Montana vote adds to win streak for abortion rights backers

Abortion rights supporters secured another win Thursday as voters in Montana rejected a ballot measure that would have forced medical workers to intercede in the rare case of a baby born after an attempted abortion. The result caps a string of ballot defeats, months after the Supreme Court’s decision overturning Roe v. Wade galvanized abortion-rights voters. Michigan, California and Vermont voted to enshrine abortion rights in their state constitutions, and Kentucky voters rejected an anti-abortion amendment in a tally that echoed a similar August vote in Kansas. Abortion rights groups said the outcomes show that voters across the political spectrum support access to abortion, even after a dozen Republican-governed states legislatures adopted near-total bans in the wake of the Roe decision. Anti-abortion groups, on the other hand, say they were outspent in the state races and point out anti-abortion candidate victories. Like voters nationwide, only about 1 in 10 voters in California, Michigan, Montana Kentucky or Vermont said abortion should generally be illegal in all cases, according to AP VoteCast. The Montana ballot measure would have raised the prospect of criminal charges carrying up to 20 years in prison for health-care providers unless they take “all medically appropriate and reasonable actions to preserve the life” of an infant born alive, including in the rare case of a birth after an abortion. Doctors and other opponents argued the law could keep parents of babies born with incurable diseases from spending peaceful moments with their infants if doctors were forced to attempt treatment.

Saturday, October 29, 2022

Federal judge rules in favor of bikini baristas over dress

A Washington city’s dress code ordinance saying bikini baristas must cover their bodies at work has been ruled unconstitutional by a federal court. The decision in a partial summary judgment this week comes after a lengthy legal battle between bikini baristas and the city of Everett over the rights of workers to wear what they want, the Everett Herald reported. Everett is about 30 miles (50 kilometers) north of Seattle. U.S. District Court in Seattle found Everett’s dress code ordinance violated the Equal Protection clauses of the U.S. and Washington state constitutions. The Court found that the ordinance was, at least in part, shaped by a gender-based discriminatory purpose, according to a 19-page ruling signed by U.S. District Judge Ricardo S. Martinez. It is difficult to imagine, the court wrote, how the ordinance would be equally applied to men and women in practice because it prohibits clothing “typically worn by women rather than men,” including midriff and scoop-back shirts, as well as bikinis. Bikini baristas were “clearly” a target of the ordinance, the court also ruled, adding that the profession is comprised of a workforce that is almost entirely women. In 2017, the city enacted its dress code ordinance, requiring all employees, owners and operators of “quick service facilities” to wear clothing that covers the upper and lower body. The ordinance listed coffee stands, fast food restaurants, delis, food trucks and coffee shops as examples of quick service businesses. The owner of Everett bikini barista stand Hillbilly Hotties and some employees filed a legal complaint challenging the constitutionality of the dress code ordinance. They also challenged the city’s lewd conduct ordinance, but the court dismissed all the baristas’ claims but the dress code question. The court directed the city of Everett to meet with the plaintiffs within 14 days to discuss next steps.

Sunday, October 23, 2022

Baton Rouge judge suspended for abusing power

The Louisiana Supreme Court has suspended a Baton Rouge judge without pay for 180 days for abusing her power to hold people in contempt. East Baton Rouge Parish Family Court Judge Charlene Charet Day, who has held the seat since 2011, violated the law when she issued a bench warrant that resulted in a teacher being arrested at the school where she works, the high court ruled Friday. The Louisiana Judiciary Commission, which investigates complaints of judicial conduct, recommended the six-month suspension in July, finding that Day violated rules of conduct and committed “willful misconduct” when she locked up litigants for contempt of court. Day was directed to pay the commission a $6,260 fine. The justices unanimously agreed that a suspension was warranted, though one thought a less-severe penalty was required, The Advocate reported. “Judge Day’s conduct harmed the integrity of and respect for the judiciary,” Justice William Crain wrote in the prevailing opinion. “When a judge abuses the immense power to deprive a person of their liberty, it has a profound effect on public confidence in the judiciary.”