Latest news with #U.S.FifthCircuitCourtofAppeals
Yahoo
02-04-2025
- Politics
- Yahoo
'Great step for Mississippi.' New voting method passes Legislature. Read how it works
Mississippi voters are one step closer to having a system to cast their and immediately have them counted during a 22-day period prior to any election. On Tuesday, both the House and Senate passed the latest iteration of an early voting program, sending it to Republican Gov. Tate Reeves' desk for a final rubber stamp. It passed both chambers with comfortable majorities. The legislation this year had started as a no-excuse early voting period for 15 days but was amended to an expanded in-person absentee voting program, which requires one of a list of excuses to vote 45 days prior to an election at a circuit clerk's office, and those ballots are not counted until election day. In its final iteration, Senate Elections Chairman Jeremy England, R-Vancleave, said both the House and Senate were glad to come to a middle ground. "I think it's a great step for Mississippi," England said. "Number one, it allows folks the security of knowing that they cast a ballot into a machine or into a box, just like they do in on election day, and that takes away the headache of having the clerk have to fill out an envelope, notarize an envelope, open an envelope, maintain all of that. So, it's a much easier process." The new version, as agreed upon by both chambers, will allow for a 22-day-period of excused voting, with mostly the same acceptable excuses for the state's in-person absentee voting program. Those ballots will also be counted immediately as opposed to absentee ballots being counted once polls close on election day. In order to vote excused prior to election day, people will also have to show a valid ID at the circuit clerk's office. Early voting proposals: MS early voting negotiators talking proposals ahead of Monday deadline. Read details The bill, if signed by Reeves, would also prohibit poll workers from counting mail-in absentee ballots that arrive after election day. England said that provision seeks to bring the state into compliance with an executive order signed by Republican President Donald J. Trump last week. "(This bill) did not mess with the mail in absentee ballots," England said. "That's the only absentee ballots we'll have now. We were able to get rid of the five-day (receiving ballots after election day) rule." The state recently lost an appeal to the U.S. Fifth Circuit Court of Appeals over its law protecting the counting of mail-in absentee ballots received five days after election day for federal elections, and it is not yet clear if the Mississippi Secretary of State's Office, the defendant in the suit, will appeal to the U.S. Supreme Court. England said this provision in the excused voting program applies to state and local elections. Since the idea has been considered this session, it has faced challenges from some circuit clerks, lawmakers and even Reeves, who called early voting a "Democratic priority." Currently, Mississippi is one of only a few states without an early voting program. Reeves' opposition: Mississippi early voting effort likely to fall flat in 2025 session. See why During the summer of 2024, the Senate Elections Committee heard testimony from experts saying that early voting was utilized by both Republicans and Democrats in droves, but rural populations would be able to take advantage more so than others. One of the challenges this session to the idea of early voting was that many circuit clerk's office, which would be in charge of overseeing an early voting process, did not have available space for holding voting machines during a period of voting prior to election day. In the bill, circuit clerks can now use buildings or rooms adjacent to their current offices, so long as that space is on government property and has the blessing of the Mississippi Secretary of State's Office and the local county board of supervisors. In theory, that space could be a city council chamber, a courtroom or a board of supervisors office, to name a few. Grant McLaughlin covers the Legislature and state government for the Clarion Ledger. He can be reached at gmclaughlin@ or 972-571-2335. This article originally appeared on Mississippi Clarion Ledger: Mississippi Legislature passes version of early voting
Yahoo
23-03-2025
- Politics
- Yahoo
This week in politics: U.S. appellate court opts not to re-hear MS mail-in absentee voting case
The U.S. Fifth Circuit Court of Appeals has declined to re-hear a case in which it ruled that Mississippi cannot count mail-in absentee ballots it receives after a federal election day. Under the order, election workers would not be allowed to count any mail-in ballots after a federal election, and any mail-in ballots received by election workers after an election day would not count. After a panel of judges on the court ruled in October that Mississippi's mail-in absentee ballot counting law violated federal law, the defendants in the case, Mississippi Secretary of State Michael Watson and Attorney General Lynn Fitch, requested the court re-hear. In a majority opinion, Judge Andrew Oldham wrote that when lawmakers in 2020 passed the law allowing for mail-absentee ballots to be counted post-election day, it conflicted with federal law. 'The question presented to the panel was whether, in the absence of any federal statute authorizing any deviation from the uniform Election Day requirement, States nonetheless have freedom to accept ballots for as long as they would like,' Oldham wrote. 'The panel held no.' As for future action, Watson's and Fitch's office could appeal the decision to the U.S. Supreme Court. Whie tax reforms took much of the attention last week in the legislature, a bill that would require panhandlers to obtain a permit to solicit donations has been sent to the governor's desk. On Wednesday, the House voted to concur with the Senate on House Bill 1197, which would require pan handlers to have a permit costing no more than $25 from a local town, county or governing authority in that area. Homelessness bills in Mississippi: Anti-homeless bills pass MS House. See what they would do The folks who have those permits could only solicit donations from 9 a.m. to one hour before sunset and only in areas that do not impede traffic. Those who panhandle would also have to say where they intend to solicit donations and would not be allowed to panhandle more than 100 feet from that stated location. Advocates of the bill have said the legislation would help to address safety concerns with homeless people soliciting donations on roadways and also homeless encampments on public property throughout the state. Opponents have said the bill would do nothing to address helping people who are homeless, but only punish for being so. If anyone who panhandles violated the provisions in the law, they could be convicted of a misdemeanor that carries a fine of up to $500 or be imprisoned at a county jail for no longer than six weeks. Failure to comply with the law could result in a misdemeanor crime, where upon conviction a violator would be subject to a fine of not more than $500, imprisoned in county jail for not more than six months, or by both. Last week was a big week for tax-reform advocates and interested parties, but it wasn't the only thing going on. Other than bills addressing homelessness, lawmakers sent several bills to Gov. Tate Reeves' desk. He even vetoed his first bill of the session. This week, the House and Senate were informed that Reeves on March 14 vetoed House Bill 1085, legislation that would have allowed counties to donate to Main Street Revitalization grants and make the Mississippi Department of Archives and History the administrator of that program. In essence, the bill moved the administration of the program from the Mississippi Development Authority to MDAH and increased the appropriations for the program and the allotment of funds for each individual grant that are applicable. The grant program was put in place to allow local communities to receive funds to improve their downtown areas via various projects. In his veto, Reeves cited that the legislation effectively was two different types of legislation, a general bill and an appropriations bill, lobbed into one, which is unconstitutional in Mississippi, hence the veto. "In sum, while I have no doubt that the members of the Legislature that voted in favor of House Bill 1085 did so with the intention of facilitating grant funding to Mississippi's downtown and main street communities, a worthy goal that I share, because the form of HB 1085 violates multiple clear prohibitions contained in the Constitution, the bill has not been lawfully presented to me," Reeves wrote in his veto message. "Thus, both the plain text and spirit of the Constitution requires me to veto House Bill 1085." Here are a few other things you may have missed. Tax cut talks stall: MS tax cuts stalled. At issue are different philosophies on fixing state retirement system New tax cut plans proposed: New tax cut plans pass Senate, House as fears over federal funding loom. see details Tax cut heads to governor with errors: MS governor set to sign bill eliminating income tax despite obvious errors in wording Children's Promise Act dies: Children's Promise Act dies in MS Senate, thanks in part to Republicans. See why Grant McLaughlin covers the Legislature and state government for the Clarion Ledger. He can be reached at gmclaughlin@ or 972-571-2335. This article originally appeared on Mississippi Clarion Ledger: MS mail-in absentee voting case won't be re-heard by appellate court
Yahoo
11-03-2025
- Yahoo
Conviction, death sentence reversed in 1996 Amarillo capital murder case
Judges with the U.S. Fifth Circuit Court of Appeals reversed the conviction and death sentence of a 52-year-old woman convicted of capital murder in Amarillo 26 years ago. The judges found that prosecutors improperly withheld information from defense attorneys that their key witness in Brittany Marlow Holberg's capital murder trial was a confidential informant. The judges believed that information was material, and therefore subject to what's known as the "Brady Rule," since prosecutors heavily relied on Vickie Marie Kirkpatrick's testimony to convict Holberg and secure a death sentence. Holberg is the only death row inmate out of Randall County at present. "We find that if the State had disclosed Kirkpatrick's status as a confidential informant, there is a reasonable probability that the result of Holberg's proceedings would have been different," Circuit Judge Patrick E. Higginbotham wrote in the majority opinion. More: Attorney details drug-fueled spiral that led to murder The 2-1 ruling kicks the case back to the indictment phase. Randall County District Attorney Robert Love declined to comment on how his office will proceed. Holberg's appellate attorney, David F. Abernethy, did not respond to an email seeking comment Holberg, who at the time was a 23-year-old cocaine-addicted prostitute, was charged in connection with the Nov. 13. 1996 slaying of 80-year-old A.B. Towery, Sr. during a fight in his home. Prosecutors believed she killed Towery while robbing him of money. Responding officers found Towery in his home dead from multiple stab wounds. Part of a lamp was stuck in his throat. Meanwhile, Holberg left the apartment covered in cuts and bruises. She also bled from the head where she said Towery struck her and tore out clumps of her hair, according to court documents. Holberg was arrested in Memphis in February 1997 and was extradited to Amarillo, where she was held in the Randall County Jail. During her trial, Holberg told jurors that she had an ongoing relationship with Towery, who was a former customer of her. As part of the relationship, she said, 'sexual favors [were] exchanged for money.' She said there were times when 'he got angry' and frightened her. She said Towery would get angry if he 'had a hard time performing' or if he thought she was on drugs when with him. Holberg said she killed Towery that night in self-defense. She said she was high on crack cocaine that night and had wrecked her car before going to Towery's apartment and met him as he was bringing in his groceries. She said the elderly man became upset with her when he saw her crack pipe in the kitchen and started screaming at her, saying, 'You stupid [expletive], [expletive]. What do you want? You want money? Is that what you want to do so you can smoke the rest of the day away?' Holberg told jurors that Towery approached her from behind, struck her on the back of her head and shoved her to the floor. At some point during the struggle, Towery pulled money out from his wallet and threw it at her. She said Towery pulled Holberg by her hair and refused to stop even after she begged him to release her. Fearing for her life and fueled by crack cocaine, she overcame Towery and stabbed him repeatedly -- 58 times according to an autopsy report. The evidence showed Holberg also beat Towery with a claw hammer multiple times. 'I lost it," Holberg told jurors. Holberg told jurors that she didn't kill Towery for his money and drugs but did take the cash he threw at her. Meanwhile, prosecutors told jurors that Holberg's self-defense claim was belied by the savagery of Towery's injuries. They called on Kirkpatrick to challenge Holbergs' version of events. At the time, Kirkpatrick, who worked as a confidential informant for an Amarillo police corporal, was arrested on a burglary charge in May 1997 and placed in the same cell as Holberg. Two days later, Kirkpatrick gave a statement to Amarillo police detailing Holberg's alleged admission that she started the fight and killed Towery for drugs. That same day, the police officer who worked with Kirkpatrick was able to dismiss a criminal trespass charge against her and helped her bond out of jail on the felony burglary charge. The details in Kirkpatrick's statement corroborated findings from Towery's autopsy report and the crime scene investigation, which had been with law enforcement for six months. She told jurors that Holberg told her she stabbed Towery with a fork and that she had stuck the lamp down Towery's throat because she got tired of hearing him make 'gurgling' or 'gagging' noises. Kirkpatrick told jurors that Holberg said she enjoyed killing Towery, saying she thought the 'fountain' of blood was 'pretty,' 'fun,' and 'amazing'; and that Holberg would do it all over again for more drugs. Meanwhile, Holberg told jurors that she never spoke with Kirkpatrick at the jail. Melissa Wisemen, who also shared the same cell as Holberg and Kirkpatrick, told jurors she never heard a conversation between Holberg and Kirkpatrick in which Holberg described killing Towery. Jurors convicted Holberg and later sentenced her to death. However, Holberg's attorneys, and therefore the jury, were unaware of Kirkpatrick's status as a confidential police informant who was paid to help with undercover drug buys. In fact, Kirkpatrick's efforts helped the Amarillo police run approximately 40 search warrants and secure multiple convictions. After Holberg's conviction and sentence, Kirkpatrick stood trial for an unrelated charge and was described by prosecutors and police witnesses as a confidential information who had helped the Amarillo Police Department on "many, many things." Kirkpatrick would later recant her testimony more than a decade later. In Holberg's initial appeal, Kirkpatrick said prosecutors leveraged her pending burglary charge to ensure her testimony against Holberg. Defense attorneys also spoke with other jail inmates who reportedly said jailers questioned several inmates about Holberg and offered "deals" if they could help the prosecution. One inmate reportedly said she was approached twice by the people from the District Attorney's Office to give testimony against Brittany. "Specifically, Kirkpatrick stated that then-District Attorney James Farren coached her statements at Holberg's trial, and that Farren both 'threatened to send Kirkpatrick to jail if she did not give him what he wanted but also offered her a deal if she cooperated.' Kirkpatrick also said she believed Holberg was remorseful and sad about [Towery's] death, and that she never used the words 'fountain,' 'pretty,' 'fun,' or 'amazing' when discussing the slaying. The judges said the recantation destroyed Kirkpatrick's credibility. Either she was lying at trial or she was lying now. "Against this context, the State's intentional nondisclosure of Kirkpatrick's informant status strikes at the heart of the jury's conviction, and most assuredly its sentence of death," the judges ruled. However, in a dissenting opinion, Judge Stuart Kyle Duncan said the record before the court shows that Kirkpatrick's role in Holberg's conviction was not as crucial to Holberg's conviction. He said the physical evidence, particularly the brutality of Towery's injuries, goes beyond self-defense. "No jury in its right mind would believe that a 23-year-old cocaine-addled prostitute 'defended' herself against a frail old man by (1) stabbing him 58 times, (2) bludgeoning him with various objects including a steam iron, and (3) ramming a lamp base down his throat while he was still alive," Duncan wrote. However, the majority of the judges believed prosecutors heavily relied on Kirkpatrick's testimony -- particularly her description of how Holberg enjoyed killing Towery -- to secure the conviction and during the punishment phase of the trial when they asked for the death sentence. This article originally appeared on Lubbock Avalanche-Journal: Death sentence vacated in 1996 Amarillo capital murder case
Yahoo
31-01-2025
- Politics
- Yahoo
Appeals court strikes down handgun ban for teens
Jan. 31 (UPI) -- The conservative U.S. Fifth Circuit Court of Appeals struck down a ban on the sales of handguns to people age 18 to 20 that had been on the books since 1968. The court ruled on Thursday said that the 50-year-plus law violated the Constitution's Second Amendment and did not meet the country's historical traditions of gun ownership. The court leaned on the opinion of Supreme Court Justice Clarence Thomas in the 2022 New York State Rifle and Pistol Association vs. Bruen. That high court ruling expanded gun rights and hinted at rejecting other gun safety laws on the books. While the government said that handguns have been the weapon of choice for murders and mass shootings for years, the appeals court said it did not amount to a need to carve out the restriction for that specific age group. What was not clear was how the court ruling from the New Orleans appeals would affect the rest of the states it covers and where it would stand if appealed to the Supreme Court. The decision left gun dealers who are looking at a potential new market still leery until the high court has its say. The Supreme Court did surprise Second Amendment advocates when it allowed an established federal law that prohibits those under domestic restraining orders from possessing firearms to stand during its last term.
