Tag: appeal

Kari Lake loses appeal in Arizona governor race challenge

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The appeals court wrote Lake’s appeal failed because the evidence supports the conclusion that “voters were able to cast their ballots, that votes were counted correctly, and that no other basis justifies setting aside the election results.”
Shortly after the ruling, Lake tweeted: “I told you we would take this case all the way to the Arizona Supreme Court, and that’s exactly what we are going to do. Buckle up, America!”
Lake, who lost to Hobbs by just over 17,000 votes, was among the most vocal 2022 Republicans promoting former President Donald Trump’s election lies, which she made the centerpiece of her campaign. While most of the other election deniers around the country conceded after losing their races in November, Lake did not.
Lawyers for Lake focused on problems with ballot printers at some polling places in Maricopa County, home to more than 60% of the state’s voters. The defective printers produced ballots that were too light to be read by the on-site tabulators at polling places. Lines backed up in some areas amid the confusion.
County officials say everyone had a chance to vote and all ballots were counted since ballots affected by the printers were taken to more sophisticated counters at the elections department headquarters.
Lake’s attorneys also claim the chain of custody for ballots was broken at an off-site facility, where a contractor scans mail ballots to prepare them for processing. They claim workers at the facility put their own mail ballots into the pile, rather than returning them through normal channels, and also that paperwork documenting the transfer of ballots was missing. The county disputes the claim.
Hobbs’ attorneys said Lake was trying to sow distrust in Arizona’s election results and offered no proof to back up her allegations of election misconduct.
Lake faced extremely long odds in her challenge, needing to prove not only that misconduct occurred, but also that it was intended to deny her victory and did in fact result in the wrong woman being declared the winner. In her appeal, her lawyers argued a trial court judge applied the wrong standard of proof in deciding the case.

Hobbs took office as governor on Jan. 2.
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#Kari #Lake #loses #appeal #Arizona #governor #race #challenge
( With inputs from : www.politico.com )

February 17, 2023
Fifa considers rare Cas appeal over lifting of Yves Jean-Bart’s lifetime ban

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Fifa is considering lodging a rare appeal against a ruling by the court of arbitration for sport (Cas) after its lifetime ban on Yves Jean-Bart, the former president of the Haitian Football Federation (FHF), was overturned.
It is understood Fifa will hold a meeting on Friday to determine its response, with an appeal said to be a real possibility.
On Thursday the international players’ union Fifpro raised concerns about “serious, explicit and extensively documented threats” that it says were made towards those asked to give evidence. That followed a similar intervention by Human Rights Watch (HRW).
Jean-Bart – known as “Dadou” – was banned by Fifa in November 2020 for alleged harassment and sexual abuse against female footballers. He had his suspension overturned at Cas on Tuesday despite claims from HRW that some alleged victims were “threatened into silence” and that one witness was sent a message that told him his coffin “was prepared”.
According to Cas’s statutes, it usually permits appeals only “on a very limited number of grounds” including the “violation of elementary procedural rules (eg violation of the right to a fair hearing)”. Fifa is also believed to be considering other potential legal action.
The Cas panel, when announcing its verdict, “unanimously noted the lack of coherence and inaccuracies in the statements of victims and witnesses presented by Fifa” and criticised HRW and Fifpro for failing to “corroborate or confirm” evidence they had presented to Fifa, describing it as not “sufficiently evidentiary”.
Fifpro on Thursday criticised the decision and said it would “await the full judgment of Cas and Fifa’s decision to appeal before commenting in detail”. It said: “In light of the serious, explicit and extensively documented threats received by those asked to give evidence, and Cas’s failure to offer basic anonymity protection such as voice distortion, how does it anticipate ever being able to procure adequate evidence to discipline powerful alleged perpetrators?”
Fifpro also questioned why the decision had been announced the day before Cas was scheduled to hear an appeal from the FHF’s former head of referees Rosnick Grant, who was banned for life in May 2021 by Fifa after being found guilty of committing acts of sexual harassment and abuse. “Why did Cas decide to publicise the decision the day before another hearing in a related abuse case, where victims and whistleblowers have also received extensive threats, thus risking those witnesses withdrawing from the procedure?”

Cas has not responded to the Guardian’s request for comment. It is understood that Grant’s appeal is scheduled to conclude on Thursday.
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#Fifa #considers #rare #Cas #appeal #lifting #Yves #JeanBarts #lifetime #ban
( With inputs from : www.theguardian.com )

February 16, 2023
Karnataka: Contest from Badami, not Kolar, people appeal Siddaramaiah

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People of the Badami constituency are not happy with senior Karnataka Congress leader Siddaramaiah’s decision to contest from the Kolar district in the upcoming Assembly election scheduled to take place in May.
According to news reports, the people of Badami have decided to convince the former chief minister. Videos surfaced on Twitter where many were seen leaving for Bengaluru to appeal to the senior Congress leader to change his mind.
“We request Siddaramaiah to contest from Badami and not Kolar. We are planning to go to Bengaluru to convince him,” said one person holding a placard of the Congress leader and raising slogans.
Members of the Lingayat community said that they will go on a dharna if their plea is not considered.
Siddaramaiah, who currently represents the Badami segment had indicated that he may not contest from there, citing his inability to give more time to the people and party workers of the constituency.
“I have decided to be a candidate for the next election from Kolar,” Siddaramaiah said at the party workers meeting here, amid loud cheers from the crowd.
Badami is considered to be an important seat in the Bagalkot district, which falls under the “Mumbai-Karnataka region” of the state. Its major population consists of the Kuruba community, which Siddaramaiah hails from; followed by Lingayats and Veerashaivas.

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#Karnataka #Contest #Badami #Kolar #people #appeal #Siddaramaiah
( With inputs from www.siasat.com )

February 14, 2023
MLAs poaching: Telangana HC quashes state’s appeal; CBI to take over case

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Hyderabad: In another setback to the Telangana government, the state High Court on Monday dismissed its appeal challenging the transfer of the investigation into the MLAs poaching case to the Central Bureau of Investigation (CBI).
The division bench comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji dismissed the petitions of the state government and MLA Pilot Rohit Reddy challenging the order of the single judge transferring to the CBI the case relating to the alleged attempt to poach four legislators of the Bharat Rashtra Samithi (BRS).
The division bench ruled that the single judge bench’s order can’t be faulted and interfered with.
The division bench’s order paved the way for CBI investigation into the sensational case. The High Court did not accept the request of the Advocate General to stay the implementation of the order as the state government plans to challenge the same in the Supreme Court.
On December 27, 2022, Justice B. Vijaysen Reddy ordered the transfer of the MLAs’ Poachgate case to the CBI. The High Court had also quashed a Government Order under which a Special Investigation Team (SIT) was constituted by the state government to probe the case.
The single judge had pronounced the order on the petitions filed by the accused priest Ramchandra Bharati, pontiff Simhayaji, and restaurant owner Nandu Kumar that they did not have faith in the SIT investigation.
The judge had also observed that the media should not have been given access to investigation material. He also noted that the state has not responded to the question who provided the Chief Minister with investigative materials.
During the hearing on an appeal filed by the state government, Supreme Court advocate and senior counsel Dushyant Dave had faulted the order of the single judge for coming to a conclusion based on apprehensions of the accused and the BJP without any material beyond reasonable doubt.

Dave told the court that once evidence was submitted to the court, it becomes a public document and such revealing of the public document by Chief Minister to the media cannot be considered as leakage of material by the investigating agency. He pointed out that while the BJP was toppling State governments by defecting MLAs from other parties across the country, there was nothing wrong about the Chief Minister of Telangana bringing to the notice of millions of voters the politics played by BJP.
The three accused were arrested by Cyberabad police from a farmhouse at Moinabad near Hyderabad on the night of October 26, 2022 when they were allegedly trying to lure four MLAs of BRS with offers of huge money.
Cyberabad police conducted the raid on a tip-off by Pilot Rohit Reddy, one of the MLAs. He alleged that the accused offered Rs 100 crore to him and Rs 50 crore each to three others to make them defect to BJP.
The state government had subsequently constituted SIT headed by Hyderabad Police commissioner C.V. Anand to probe the case.
BJP general secretary B.L. Santosh,ABharath Dharma Jana Sena (BDJS) president Tushar Vellapally and a doctor from Kerala, Jaggu Swamy, lawyers Srinivas and Pratap Goud and Nanda Kumar’s wife Chitralekha were also summoned by the SIT for questioning.
Santosh, Tushar and Jaggu Swamy had approached the High Court and secured a stay on the notices.
The high court on December 1 granted conditional bail to the accused.
However, Ramachandra Bharati and Nanda Kumar were re-arrested by the police soon after their release from jail on December 8 in connection with other cases registered against them.
While Ramachandra Bharati was booked for holding multiple passports, Aadhaar cards and other documents, five cases were registered against Nanda Kumar for cheating and other offences.
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#MLAs #poaching #Telangana #quashes #states #appeal #CBI #case
( With inputs from www.siasat.com )

February 6, 2023
Uttarakhand: STF to appeal in high court against bail to paper leak accused

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Dehradun: The Special Task Force will soon file an appeal in the High Court against the bail granted by a lower court to the main accused in the paper leak of recruitment examination held by the Uttarakhand Subordinate Services Selection Commission.
“The chief minister has issued directions to take stern action against those involved in the recruitment scam. The STF will soon file an appeal in Uttarakhand High Court against bail granted by the lower court to the main accused Hakam Singh and Sanjiv Chauhan,” ADG, law and order, V Murugesan said.
The lower court’s order granting them bail will be studied when it is made available to the STF after which an appeal will be filed in the high court, Murugesan, who is also the spokesperson of the state police, said.
Singh and Chauhan got bail in the case from the district and sessions court here on January 30. However, they are still in jail as their bail in other cases was rejected.
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#Uttarakhand #STF #appeal #high #court #bail #paper #leak #accused
( With inputs from www.siasat.com )

February 2, 2023
Bihar labourers trapped in Tajikistan appeal to state, Centre for rescue

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Patna: A number of labourers from Bihar’s Siwan and other districts said that they are trapped in Tajikistan and requested the state and Central government to rescue them.
The labourers went to Tajikistan on contract basis to work and alleged that the company has extended the work period from 11 hours to 14 hours but is not giving money for the overtime.
As per the contract with an Indian placement company named Pari Enterprises and Tajikistan-based company TGM, the work period is 11 hours but the company forcibly asks them to work 14 hours, the labourers said. Moreover, they are only offered boiled rice, and potatoes to eat and contaminated water to drink.
The family members of the labourers in Siwan district claimed that many of them fell ill and are not physically and mentally fit for work.
Some of the labourers of Siwan were identified as Ramakant Kushwaha and Ramesh Kushwaha of Hardiya Bangra village, Om Prakash of Orma village, Mantu Singh of Teliabagh village, Motim Ansari of Nawada village, Nand Ji of Morwa village, and Sunil Kumar of Viyahi village. Another labourer named Harikesh Yadav is a native of Bhore Kalyanpur in Gopalganj district.
Besides Bihar, dozens of labourers of other states are also trapped in Tajikistan, they said.
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#Bihar #labourers #trapped #Tajikistan #appeal #state #Centre #rescue
( With inputs from www.siasat.com )

January 31, 2023
Colorado baker loses appeal over transgender birthday cake

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Relying on the findings of a Denver judge in a 2021 trial in the dispute, the appeals court said Phillips’ shop initially agreed to make the cake but then refused after Scardina explained that she was going to use it to celebrate her transition from male to female.
“We conclude that creating a pink cake with blue frosting is not inherently expressive and any message or symbolism it provides to an observer would not be attributed to the baker,” said the court, which also rejected procedural arguments from Phillips.
Phillips, who is represented by Alliance Defending Freedom, maintains that the cakes he creates are a form of speech and plans to appeal.
“One need not agree with Jack’s views to agree that all Americans should be free to say what they believe, even if the government disagrees with those beliefs,” ADF senior counsel Jake Warner said in a statement.
John McHugh, one of the lawyers who represent Scardina, said the court looked carefully at all the arguments and evidence from the trial.
“They just object to the idea of Ms. Scardina wanting a birthday cake that reflects her status as a transgender woman because they object to the existence of transgender people,” he said of Phillips and his shop.
In 2018, the U.S. Supreme Court ruled that the Colorado Civil Rights Commission had acted with anti-religious bias in enforcing the anti-discrimination law against Phillips after he refused to bake a cake celebrating the wedding of Charlie Craig and Dave Mullins in 2012. The justices called the commission unfairly dismissive of Phillips’ religious beliefs.
The high court did not rule then on the larger issue of whether a business can invoke religious objections to refuse service to LGBTQ people, but it has another chance to do so.

Last year it heard another case challenging Colorado’s anti-discrimination law, brought by a Christian graphic artist who does not want to design wedding websites for same-sex couples. Lorie Smith, who is also represented by ADF, claims the law violates her freedom of speech.
Scardina, an attorney, attempted to order her cake on the same day in 2017 that the Supreme Court announced it would hear Phillips’ appeal in the wedding cake case. During trial, she testified that she wanted to “challenge the veracity” of Phillips’ statements that he would serve LGBTQ customers.
Before filing her lawsuit, Scardina first filed a complaint against Phillips with the state and the civil rights commission, which found probable cause that he had discriminated against her.
Phillips then filed a federal lawsuit against Colorado, accusing it of a “crusade to crush” him by pursuing the complaint.
In March 2019, lawyers for the state and Phillips agreed to drop both cases under a settlement Scardina was not involved in. She pursued the lawsuit against Phillips and Masterpiece on her own.
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#Colorado #baker #loses #appeal #transgender #birthday #cake
( With inputs from : www.politico.com )

January 27, 2023
SC dismisses CBI appeal against bail to Maha ex-minister Anil Deshmukh

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New Delhi: In a major relief for former Maharashtra home minister Anil Deshmukh, the Supreme Court on Monday dismissed the CBI’s appeal challenging the Bombay High Court order granting bail to the Nationalist Congress Party (NCP) leader in a corruption case.
A bench comprising Chief Justice DY Chandrachud and Justices V Ramasubramanian and JB Pardiwala noted that Deshmukh has also been granted bail in the related money laundering case.
The top court said it was not inclined to entertain the Special Leave Petition against the grant of bail by the high court to Deshmukh.
“Since the observations in the impugned order of the High Court are confined to the question as to whether the respondent was entitled to the grant of bail, we clarify that these observations shall be construed only for that purpose.
“In other words, the observations shall not affect the merits of the trial or be pressed in any other collateral proceedings. The Special Leave Petition is accordingly dismissed,” the bench said.
Solicitor General Tushar Mehta appeared for the CBI in the matter.
The CBI, in December last year, approached the apex court challenging the Bombay High Court order granting bail to Deshmukh in the graft case.
The high court had on December 12 granted bail to the 73-year-old NCP leader but said the order will be effective after 10 days, as the Central Bureau of Investigation sought time to challenge it in the apex court.

The high court had said except for dismissed police officer Sachin Waze’s statement, none of the others recorded by the CBI indicated money was extorted from bar owners in Mumbai at the behest of the politician.
In its plea filed in the top court, the probe agency has claimed the high court committed a “grave error” in granting bail to Deshmukh disregarding the serious objections raised by the probe agency both on the merits of the case as well as the effect his bail will have on the continuing investigation.
“The high court failed to appreciate that economic offences are required to be treated as a separate category of offences and bail in such offences is not required to be granted as a routine matter.
“Usually, socio-economic offences have deep-rooted conspiracies affecting the moral fiber of the society and causing irreparable harm, need to be considered seriously,” it said.
The CBI claimed the high court failed to appreciate that the charge sheet filed by the agency does not merely rely on the statement of Sachin Waze, an accused-turned-approver, but is also based on other material evidence which establishes the commission of a cognisable offence by Deshmukh.
“The High Court failed to appreciate that ascertaining veracity or otherwise of any statement of a witness is a matter of trial and the statement ought not to have been discarded at the stage of deciding on the grant of bail to the respondent,” it said.
The agency claimed, “The High Court failed to appreciate that the version of Sachin Waze, accused-turned-approver, is corroborated by WhatsApp chats exchanged between Param Bir Singh (PW (prosecution witness)-30) and Sanjay Patil (PW-24) to the effect that money collected from the bar and orchestra owners was at the instance of the respondent (Deshmukh).”
It said the high court committed an “error” in holding that the evidence in the form of testimony of Waze cannot be the ground to prolong Deshmukh’s custody.
The CBI said in its plea also contended that the high court also failed to appreciate that despite demitting the office of the home minister of Maharashtra, Deshmukh holds “considerable clout” in the state.
“There is every likelihood that he will command his authority by virtue of his high-level political associations and connections. Thus, grant of bail to the accused respondent would be detrimental to the morale of already named witnesses and would be an impediment for prospective witnesses to come forward,” it said.
As an interim relief, the CBI has sought an ex-parte stay on the high court order pending hearing of the plea filed in the apex court.
Deshmukh had earlier approached the high court after a special CBI court rejected his bail plea.
The veteran politician was in jail since November 2021, after his arrest by the Enforcement Directorate (ED) in a money laundering case. He was later arrested by the CBI in the corruption case.
Former Mumbai police commissioner Param Bir Singh had in March 2021 alleged that Deshmukh, the then-home minister, had given a target to police officers to collect Rs 100 crore per month from restaurants and bars.
Former assistant police inspector Waze, arrested in the ‘Antilia’ bomb scare case of March 2021, too, had levelled similar allegations.
The high court had in April 2021 directed the CBI to carry out a preliminary inquiry. The CBI, based on this inquiry, registered an FIR against Deshmukh and others for alleged corruption and misuse of official power.
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#dismisses #CBI #appeal #bail #Maha #exminister #Anil #Deshmukh
( With inputs from www.siasat.com )

January 23, 2023