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SCOTUS respects mandatory minimum wages for certain drug traffickers

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U.S. Supreme Court, theGrio.com

WASHINGTON (AP) — The Supreme Court ruled Friday that 1000’s of small-time drug dealers are ineligible for reduced prison sentences under a bipartisan Trump-era criminal justice overhaul.

The justices took up the case of Mark Pulsifer, an Iowa man convicted of distributing at the least 50 grams of methamphetamine, to resolve a dispute between federal courts over the meaning of the word “and” in an obscure provision of the 2018 law. First Step Act.

Contained within the law of the so-called The safety valve provision is meant to guard nonviolent, low-level drug dealers who conform to plead guilty and cooperate with prosecutors from facing often longer, mandatory sentences.

The United States Supreme Court with the Justice sculpture within the foreground, April 19, 2023, in Washington. (AP Photo/Jacquelyn Martin, File)

Some courts have concluded that the usage of the word actually means “and”, while others have concluded that it means “or”. The defendant’s eligibility for a shorter sentence trusted the end result.

“Today we agree with the government’s view of the criminal record provision,” Justice Elena Kagan wrote for the bulk in a 6-3 decision that didn’t divide the justices along liberal-conservative lines.

In his dissent, Justice Neil Gorsuch described the First Step Act as perhaps “the most important criminal justice reform bill in a generation.” But under the court’s decision, “thousands more people in the federal criminal justice system will be deprived of a chance — simply a chance” at a reduced sentence, wrote Gorsuch, who was joined by Justices Ketanji Brown Jackson and Sonia Sotomayor.

Nearly 6,000 people convicted of drug trafficking in fiscal yr 2021 alone are amongst those that could qualify for reduced sentences, in accordance with data collected by the U.S. Sentencing Commission.

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This provision lists three criteria enabling judges to depart from mandatory minimum sentences, which generally bear in mind the seriousness of previous offenses. Congress wrote this section negatively in order that a judge could exercise sentencing discretion if a defendant “does not have” the three varieties of criminal history.

Before making their decision, the judges considered how one can determine safety valve eligibility – whether any one in every of the conditions was enough to disqualify someone, or whether all three were required for exclusion.

Pulsifer’s lawyers argued that every one three conditions have to be met before an extended sentence might be imposed. The government stated that one condition was enough to acquire the mandatory minimum.

Kagan wrote that the language “creates an eligibility checklist and requires the defendant to meet each of its conditions.”

Two of the three conditions involved Pulsifer. The trial court and the eighth U.S. Circuit Court of Appeals, based in St. Louis ruled he was entitled to a mandatory sentence of at the least 15 years. In fact, he received 13 and a half years in prison for unrelated reasons.

Pulsifer, now 61, just isn’t scheduled to be released from prison until 2031, in accordance with federal Bureau of Prisons records.

Congress can still change the law if it decides the court was incorrect.

The case is Pulsifer v. U.S., 22-340.


This article was originally published on : thegrio.com

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Former judge makes shocking confession after helping send black man to death row based on state-paid witness testimony

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A girl who served on the jury that sentenced an Alabama man to death 25 years ago is now calling for a brand new trial due to evidence of potential wrongdoing, saying her role within the 1998 murder conviction “doesn’t allow me to sleep at night.”

Monique Hicks of Prattsville, Alabama, served on the jury that found Toforest Johnson guilty of the murder of Jefferson County Sheriff’s Deputy William G. “Bill” Hardy, who was shot to death in a Birmingham hotel parking zone in the summertime of 1995 while working off-duty as a security guard. .

Johnson, who’s black, was put on trial three years later, found guilty and sentenced to death based on the questionable testimony of a witness who was paid hundreds of dollars to testify on behalf of the prosecution.

Toforest Johnson (Photo: toforestjohnson.com)

Due to the newly discovered evidence, Hicks claims to regret his role in convicting Johnson, proclaiming his innocence and even asking for forgiveness from his family.

“I asked the Lord to forgive me for causing so much suffering.” She wrote in a guest opinion column published on April 22 on AI.com. “I pray that Mr. Johnson and his family will forgive me as well. In the meantime, I will continue to use my voice to ask for justice.”

In the column, Hicks expresses deep regret, asking: “What responsibility do I even have? “My role in wrongfully convicting an innocent man keeps me up at night.”

The effort to free Johnson has received significant support from celebrity activist Kim Kardashian, in addition to several distinguished legal figures, including the National Innocence Project, which recently filed two amicus briefs in support of a brand new trial for Johnson – one before the U.S. Supreme Court, and the opposite within the Jefferson County Circuit Court in Alabama.

As of May 2024, no execution date has been set for Johnson, who has maintained his innocence since becoming a suspect within the officer’s murder nearly three many years ago when he was 25 and in his prime.

At the time of the murder on July 19, 1995, five suspects as well as to Johnson were ultimately arrested in reference to the fatal shooting, but only Johnson was convicted despite an absence of physical evidence or eyewitnesses to place him on the scene of the crime.

Last yr, Jefferson County District Attorney Danny Carr conducted a nine-month review of the evidence and concluded that the “interests of justice” required a brand new trial for Johnson, now 50.

“Leadership is not about being right, it is about making things right,” he said at a faith rally in support of Johnson in December 2023.

But state Attorney General Steve Marshall dismissed that investigation, calling it Carr’s “subjective opinion.”

But an appeal filed by Johnson’s lawyers in Jefferson County Circuit Court proves the investigation cannot simply be ignored.

Despite the brand new evidence, Marshall continues to ask the court to prevent the convict from getting a brand new trial and insists that Johnson be sentenced to death sooner moderately than later.

The fundamental obstacle within the state’s case is witness Violet Ellison, who testified within the 1998 trial that she overheard Johnson confess to the officer’s murder during a telephone conversation she overheard as Johnson spoke from prison.

Ellison’s testimony was a key a part of the case that ultimately resulted in Johnson’s conviction, but in 2015 – 17 years after the trial – the state revealed that it had secretly paid Ellison $5,000 for her testimony.

Additionally, Ellison has a questionable record as a witness, as her testimony as a state witness in five other criminal cases resulted in acquittals and dismissals.

Her involvement within the Johnson case led three jurors – including Hicks – to request a brand new trial, stating that they might not have convicted him in the event that they had known concerning the payment to Ellison and her credibility issues.

Other recent evidence also emerged pointing to Johnson’s innocence.

A brand new podcast, “Earwitness,” has brought renewed attention to the case and revealed recent information that would potentially free Johnson after many years behind bars.

In 2023, the podcast found Ellison’s grandchildren, who revealed they didn’t trust her, describing her as willing to do “anything for a dollar.”

According to nearly a dozen witnesses, Johnson and his disabled friend Ardragus Ford were hanging out together at Tee’s Place, a nightclub in downtown Birmingham, on the time Deputy Hardy was killed 4 miles away.

However, a couple of days after the murder, a troubled 15-year-old girl named Yolanda Chambers, who was later joined by the girl who was picked up by Johnson and Ford after the boys left the nightclub, turned each men over to authorities after the sheriff’s decision. the department offers an award.

Although Chambers modified her story multiple times, she initially told investigators that the boys admitted to the ladies that Johnson had “coped out” earlier that evening. Johnson and Ford became everlasting suspects after the primary of Chambers’ many interviews with investigators.

During the trial, through which Chambers emerged as an inconsistent witness, police all but admitted that they were unsure who actually killed Deputy Hardy because they lacked any physical evidence or eyewitness testimony that directly implicated Johnson.

During the trial, prosecutors also presented five conflicting theories concerning the fatal shooting in an attempt to explain the circumstances of Hardy’s death, but stopped in need of drawing any conclusions, suggesting there was no smoking gun.

The lead detective on the case initially testified that Ardragus Ford and one other man, Omar Berry, were chargeable for Hardy’s killing. However, prosecutors modified their theory multiple times over a three-year period, leading to Johnson being the just one found guilty and sentenced to death.

Toforest Johnson’s cousin, Antonio Green, and his daughter Shanaye Poole have kept photos of him for years. (Photo: ToforestJohnson.com)

Hicks said she modified her mind about Johnson’s guilt greater than 20 years after she helped send him to death row for the crime.

“After the trial, I returned home and returned to everyday life,” she explained. “I haven’t heard anything else from Toforest Johnson for over two decades. But then I started seeing his case on the news.”

Around this time, in 2023, public officials in Alabama began calling for a retrial of Johnson, which was met with broad support from the likes of Kardashian, who in January shared several infographics about Johnson’s criminal case on Instagram along with her 364 million followers . .

In one post, Kardashian wrote that Johnson was “26. He spent Christmas in prison for against the law he didn’t commit” and posted a link to a petition for help for the man.

Support for Johnson also got here from numerous unlikely places, namely from former state Attorney General Bill Baxley and Birmingham District Attorney Jeff Wallace, who in 1998 prosecuted Johnson for Hardy’s murder.

Earlier in 2014, Wallace testified under oath that he “does not believe the state’s case is very strong because it depends on the testimony of Violet Ellison.”

Baxley, who fought to restore the death penalty as Alabama’s attorney general within the Nineteen Seventies, also said he firmly believed Johnson was innocent, describing him as “trapped” within the legal system.

“Johnson’s murder trial was so riddled with errors and the evidence presented against him so scant that no Alabamian should tolerate his imprisonment, let alone his execution,” he added. Baxley wrote for the Washington Post.

The call to throw out the ruling also drew support from two former Alabama governors and a former Republican state judge.

AND website named in Johnson’s honor also found, which highlighted the variety of advocates and lawmakers who were behind the hassle to free him.

As the momentum built for Johnson, Hicks said she began to grapple with the impact of the jury’s decision on his fate, which led to deep personal reflection and she or he found she could now not ignore what many others were now claiming about Johnson’s innocence. .

Based on her Christian faith, Hicks said she felt moved to express her recent perspective on the case in a column she wrote, calling for a brand new trial for Johnson while emphasizing the necessity for a good and thorough examination of all of the evidence.

“Twenty-five years ago I sat on the jury in a Birmingham courtroom and voted for a man’s death. Prosecutor Jeff Wallace asked me and the opposite jurors to convict defendant Toforest Johnson of murder. He then asked us to sentence Mr. Johnson to death. We did each.

After Wallace, of all people, called for a brand new trial, Hicks said she struggled to come to terms along with her own decision to convict Johnson, which forced her to speak out.

“I remember how young Mr. Johnson looked. And I remember perfectly well that when the verdict was read, I heard loud lamentations in the audience. Now that I am a mother myself, I can only imagine the immense sadness that Mr. Johnson’s mother must have felt. At the time, I took comfort in the belief that my vote to convict Mr. Johnson and sentence him to death was the right one. Now my tears are flowing too.”

This article was originally published on : atlantablackstar.com
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White House slams ‘racist’ Ole Miss video showing ridicule of black student

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The a given movie shows a gaggle of pro-Israel counter-protesters, mostly white men, shouting and criticizing a black woman, identified as Jaylin R. Smith, a 24-year-old college student. One of them imitated a monkey and the opposite called Smith “Lizzo”, apparently referring to her body size. Other counter-demonstrators shouted, “Lock her up!”

The student who taunted Smith with monkey gestures was subsequently expelled from the campus chapter of Phi Delta Theta fraternity, which called his actions “racist” and “contrary to the values” of the organization. The University of Mississippi, known colloquially as Ole Miss, also launched an investigation into student conduct following the incident on campus.

University of Mississippi students scream and shout in September 1962 during an on-campus demonstration, shortly before James Meredith arrived in an attempt at integration. Mississippi Governor Ross Barnett refused to confess Meredith to Ole Miss. (Photo: Bettmann Archive/Getty Images)

The university has an extended history of racism, including violent riots in 1962 over the admission of black student James Meredith during desegregation. President John F. Kennedy sent over 30,000 federal troops to quell the riots.

There was also backlash from U.S. Rep. Mike Collins (R-Ga.), who shared a racist video with the caption: “Ole Miss taking care of business.” In a letter to congressional leaders, the NAACP called for an ethics investigation in response to Collins.

“These actions by a member of the House of Representatives, regardless of his intentions, legitimize and promote racism and undermine the principles of equality and justice that our government is sworn to uphold,” the letter said.

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Following the controversy, MP Collins released the document statement condemning racism and arguing that the racist behavior depicted within the film was “the highlight of the film”. He claimed that by praising the video, he intended to focus on resistance to what he saw as disruption on campus.

“If a person is found to have treated another human being inappropriately on the basis of race, he or she should be punished appropriately and hopefully seek forgiveness,” Collins’ statement read. “I realize that it certainly seems like there is some potentially inappropriate behavior that none of us should glorify.”

Markus Batchelor, national political director at People For the American Way, said of Congressman Collins: “Mike Collins knew exactly what he was doing, and the softening of violence and racism that the video clearly shows is disgusting and dangerous.”


This article was originally published on : thegrio.com
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The survey shows that many voters are undecided between Trump and Biden

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President Biden, Donald Trump


A survey conducted amongst 1,000 potential voters indicates that there are many undecided voters within the upcoming presidential elections. It also indicates that Black support for Biden, which has dogged him through much of the campaign cycle so far, is declining.

As we reported, the poll, conducted jointly by USA Today and Suffolk University, has a 3% error in each directions, but it surely revealed that while Trump lost support amongst various demographic groups, Biden gained support. This has resulted in them being virtually tied with one another just 4 months before what David Paleologos, director of the University of Suffolk Center for Political Research, described as the brink election.

“When we think about a tie in a race with just 26 weeks left, we have to take into account that people don’t pay attention to politics and party conventions in July and August,” Paleologos told USA Today. “That leaves candidates with just 17 weeks to actively campaign, and it’s actually 13 or 14 weeks if you consider states where early voting begins a few weeks before Election Day. We are basically one step away from an election, and the outcome is a coin toss.”

Among those that have indicated a preference for third-party candidates, corresponding to Princeton professor Cornel West, who’s running as Green Party independent candidate Jill Stein, and independent candidate Robert F. Kennedy Jr., voters are malleable; 80% of Kennedy supporters, 88% of West supporters, 56% of Stein supporters, and 65% of respondents who planned to support a possible Libertarian candidate indicated that they remained open to changing their vote. Third-party voices are inclined to receive more attention in closely contested competitions, where their impact is most felt.

Young voters indicate that although they support Palestine more often than others, most young voters cite other concerns. Devon Schwartz, a student on the University of Texas at Austin, told the web site that their positions on Gaza are too just like raise concerns about his vote.

“When you have two presidents who have the same position on one issue, you automatically put that issue – I don’t want to say lower on the list because it’s obviously an important issue, but that doesn’t mean it’s an issue where I’m elected.” Donald Trump as an alternative of Joe Biden.” Schwartz still plans to vote for Biden, but notes that Biden needs to regulate his policies. “I want to see policy changes from Joe Biden,” he said. “I don’t want to vote for Donald Trump and then see the exact same policies.”

Cameron Driggers, a 19-year-old University of Florida student and member of the Florida Democratic Party youth council, told the web site that while he realizes Trump will likely be worse in all facets than Biden, Driggers worries that Biden is near crossing hard lines some.

“We are hearing from many people who are increasingly apathetic about voting for Joe Biden. “It continues to essentially spit in the face of youth organizers across the country,” he said. “It’s especially upsetting to people who are casting votes. “I realize that Trump will almost certainly be worse than Biden on all of these issues,” Driggers said. “But at some point, you know, there has to be a line” for Biden. “And I think he’s close to exceeding that.”


This article was originally published on : www.blackenterprise.com
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