Tag: appeal

Ninth Circuit Court of Appeals Rejects Kari Lake’s and Mark Finchem’s Appeal Alleging Arizona Officials Lied to the Court, No Sanctions Granted

Rachel Alexander
Kari Lake and Mark Finchem

The Ninth Circuit Court of Appeals rejected an appeal from Kari Lake and Mark Finchem alleging that Arizona officials made false statements to the courts regarding their lawsuit to stop the use of electronic voting machine tabulators. The panel of three justices, two who were appointed to the bench by Democratic presidents, gave no reason for their dismissal on June 20, and also denied a motion for sanctions by defendant Maricopa County, which was filed three days prior. 

Lake’s and Finchem’s Motion to Recall Mandate, drafted by attorney Kurt Olsen, stated, “Maricopa’s violations of Arizona law mean its elections have not been shown to be any more reliable than a Ouija board.” The motion said the officials’ alleged lies and perjury, which involved lying about committing misdemeanors, were discovered after obtaining Maricopa County’s tabulator system log (SLOG) files, which the pair maintained contradicted the statements of officials. 

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Arizona Appeals Court Ignores Evidence to Throw Out Kari Lake’s Second Election Appeal

Rachel Alexander
Kari Lake Speaking

An Arizona Court of Appeals panel of three judges issued a 23-page unpublished decision last week, affirming a trial court’s dismissal of Kari Lake’s Rule 60(b) second election lawsuit. The court claimed that Lake’s Rule 60(b)(3) motion, which means requesting a second trial based on newly found evidence, constituted merely relitigating her first election lawsuit.

The court said that instead, “The focus must rather be on the fraud or misconduct that prevents a litigant from trying otherwise meritorious claims.” However, the court ignored Lake’s evidence of misconduct and affirmed the high standard the trial court judge set for election contests, which is not found in Arizona case law.

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During Oral Arguments at the Arizona Court of Appeals in Kari Lake’s Election Lawsuit, Her Attorney Alleged Numerous Lies by Election Official

Rachel Alexander
Kari Lake Hearing

A panel of three Arizona Court of Appeals judges heard oral arguments on Thursday in Kari Lake’s Rule 60(b) appeal of her election lawsuit. Lake’s attorney, Kurt Olsen, alleged that Maricopa County Co-Elections Director Scott Jarrett told numerous lies.

Lake’s team filed the Rule 60(b) motion requesting a second trial based on newly found evidence, but the trial court judge, Maricopa County Superior Court Judge Peter Thompson, greatly limited the scope of her second trial and then ruled against her.

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Arizona Supreme Court Hears Oral Arguments from Arizona Republican Party Appealing Sanctions over Election Lawsuit, Grills Opposing Attorney

Rachel Alexander
Arizona Supreme Court

The Arizona Supreme Court heard oral arguments last week from the Arizona Republican Party (AZGOP) and opposing litigant Secretary of State (AZSOS) over lower courts awarding sanctions against the AZGOP for filing a “groundless” lawsuit “in bad faith.” The AZGOP sued Arizona officials immediately after the 2020 election for conducting a post-election audit that the AZGOP contended did not comply with the law. The AZGOP said the law required the audit to be conducted at the precinct level, but the audit was conducted at the voting center level according to the state’s Election Procedures Manual (EPG), which the AZGOP claimed contradicted state law. 

The AZGOP said A.R.S. § 16-602 requires precinct-level audits. The relevant part of that statute, (B)(1), provides, “ At least two percent of the precincts in that county, or two precincts, whichever is greater, shall be selected at random from a pool consisting of every precinct in that county.” In contrast, the EPM states that in counties which utilize vote centers, vote centers will be used for the audits. 

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J6 Defendant Stewart Parks Plans Last Minute Appeal as Eight-Month Prison Sentence Nears

Tennessee Star Staff
Stewart Parks

Majority Whip Johnny Garrett joined the newsmaker line on Monday’s episode of The Tennessee Star Report with Michael Patrick Leahy to share his insights on the new legislative session as it begins its second week at home as snow continues to blanket the region.

Garrett expressed optimism about Governor Bill Lee’s proposed education freedom scholarships, though he said he does anticipate some opposition to the proposal.

The conversation then turned to the potential constitutional issue regarding the franchise excise tax law that could leave taxpayers on the hook for as much as $1.2 billion. Garrett noted Attorney General Jonathan Skrmetti is evaluating the claims to see if tax relief for the companies in question would address constitutional concerns.

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New Brief Filed in Kari Lake’s Election Challenge Alleges Maricopa County ‘Lied’ About the 2022 Logic and Accuracy Testing and ‘A Plan to Rig the Election’

Rachel Alexander

Kari Lake filed a reply brief in her election case appeal with the Arizona Court of Appeals on Tuesday. It accused Maricopa County of rigging the 2022 election, and said the county admitted wrongdoing in its answering brief. Her appeal is asking to overturn the lower court’s ruling rejecting her Rule 60(b) motion, which asked to consider new evidence that had arisen since the trial. A Rule 60(b) motion asks the court for relief from an entry or judgment, which the trial court refused to grant after her trial.

Drafted by attorney Bryan Blehm and signed also by Lake’s attorney Kurt Olsen, the summary in the introduction stated, “In its Answering Brief, Maricopa makes demonstrably false or misleading arguments to distract the Court from the evidence and admissions showing that Maricopa blatantly violated Arizona election laws, falsely certified it conducted L&A testing on October 11, 2022, and apparently rigged the November 2022 Election to fail on Election Day.” 

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Abe Hamadeh Files Opening Brief with Arizona Court of Appeals as New Information Comes Out About Voter Registrations Changed to Other Counties

Rachel Alexander

Abe Hamadeh filed his opening brief with the Arizona Court of Appeals last week, after Mohave Superior Court Judge Lee Jantzen refused to grant him a new trial. Hamadeh requested the trial after discovering that then-Secretary of State Katie Hobbs withheld evidence from him before his trial regarding undervotes, votes not counted that resulted in narrowing Democrat Kris Mayes’ lead in the attorney general’s race to only 280 votes.  

Much of Hamadeh’s brief also challenged the refusal of Maricopa County to allow him to examine provisional ballots. Over 9,000 provisional ballots have not been counted in his race. Many of them were cast by voters who found their voter registration mysteriously changed to another county. On Thursday, Hamadeh posted a chart on X showing how Maricopa and Pima Counties had a strikingly large number of provisional ballots.

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Kari Lake Files Opening Brief with Arizona Court of Appeals in Election Lawsuit Containing New Evidence and Alleging Crimes

Rachel Alexander

Kari Lake’s appeal of the second dismissal of her lawsuit by the trial court judge is winding its way back up through the courts. Last week, she filed her opening brief with the Arizona Court of Appeals. Much of the brief focused on Maricopa County’s failure to conduct Logic & Accuracy (L&A) testing and the failure to compare voters’ signatures on their mail-in ballot affidavits to the signatures on their voter registrations, both a violation of state law and the state’s Election Procedures Manual (EPM). Violations of the EPM are class 2 misdemeanors.

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Judge Denies Abe Hamadeh’s Request for a New Trial, Says Only ‘Six Votes’ Would Have Been Different

Rachel Alexander

Mohave County Superior Court Judge Lee F. Jantzen denied Abe Hamadeh’s request for a new trial in his election contest over the attorney general’s race on Friday, issuing his opinion with the reasoning on Monday. He said “the evidence showed that only about six votes difference would have been found after reviewing the numerous undercounted ballots.”

Hamadeh issued a statement shortly afterwards, “The court’s ruling is an invitation to an appeal, and we will do just that.” He added in a tweet, “I have every confidence that the (Arizona) Supreme Court is not going to let this precedent stand. It would be a terrible precedent in terms of the legal community to have the government be able to withhold evidence & get away with it.”

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Judge Denies Abe Hamadeh’s Request for a New Trial Despite 280-vote Difference

Rachel Alexander

Almost two months after hearing oral arguments to determine whether Abe Hamadeh should be awarded a new trial in his election contest, Mohave County Superior Court Judge Lee F. Jantzen denied the request on Friday. Hamadeh’s legal team had requested the retrial based on discovering evidence that was withheld from them during the first trial; “undervotes” discovered in Pinal County that were erroneously not counted. The new votes shrunk Kris Mayes’ lead to only 280 votes. It is the closest statewide race in Arizona history. 

Jantzen said in the short ruling that he will be issuing his full reasoning behind the decision on Monday by noon, stating that it was a “close call in a close contest.” Hamadeh responded in a statement, “[W]e believe the situation is very simple: the contest was not as close as it stands now. If all legal votes are counted, I win this race for attorney general.”

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Kari Lake Announces Intent to Appeal Superior Court Ruling, New ‘Chase the Ballot’ Effort

Rachel Alexander

A day after Maricopa County Superior Court Judge Peter Thompson ruled against Kari Lake on her second election challenge trial, Lake held a press conference outlining her future plans. She said she is looking at “several paths for appeal” and is also launching a new “chase the ballot” group headed up by EZAZ grassroots organizer Merissa Hamilton. During the event, Lake, who is known for getting the best of reporters due to her skilled background as a news anchor, tangled repeatedly with the local mainstream media.

Lake denounced the election fraud and the disappointing court rulings against her. “They know they’re frauds,” she declared. “They absolutely know they’re frauds.”

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The Star News Network Files Legal Action Against FBI in Seeking Covenant School Killer’s Manifesto

M.D. Kittle

The Star News Network’s attorneys have filed a new case with the U.S. Department of Justice demanding the Federal Bureau of Investigation turn over Nashville mass shooter Audrey Elizabeth Hale’s manifesto.

The Milwaukee-based Wisconsin Institute for Law & Liberty (WILL) on Wednesday filed an administrative appeal with the Justice Department’s Office of Information Policy after the FBI twice rejected The Star News Network’s Freedom of Information Act requests, seeking the expedited release of the documents.

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Kari Lake Submits Final Brief to Arizona Supreme Court Requesting Review

Rachel Alexander

The Arizona Supreme Court is holding a private conference on Tuesday to discuss whether or not to accept Kari Lake’s appeal of lower courts dismissing her lawsuit contesting her loss of the gubernatorial race. In addition to her initial petition for review, Lake filed a reply to the defendants’ responses to her petition, and The Gavel Project’s Ryan Heath filed his own amicus curiae brief supporting her. 

The Arizona Sun Times spoke with Jennifer Wright, who served as the Arizona Attorney General’s Election Integrity Unit civil attorney under the previous Republican administration, but who joined Abe Hamadeh’s legal team in his election challenge in that race due to the current Democratic Attorney General Kris Mayes “targeting” her. Wright brought up one of the primary concerns Lake has pointed out about the lower courts’ dismissals; their reliance on a “clear and convincing” standard for evidence.

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Kari Lake Files Petition for Review of Her Election Challenge Dismissal with Arizona Supreme Court

Rachel Alexander

Kari Lake filed her Petition for Review of a Special Action Decision of the Court of Appeals on Wednesday with the Arizona Supreme Court. The petition contended that the Arizona Court of Appeals panel ignored Arizona election laws, including previous court precedent, to dismiss her appeal.

Lake’s petition stated, “The Opinion directly contradicts this Court’s admonition that “election statutes are mandatory, not ‘advisory,’ or else they would not be law at all,” citing the Arizona Supreme Court’s 1994 decision in Miller v. Picacho Elementary School District No. 33. 

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Former ASU Student Appeals Trespassing Conviction for Handing Out Copies of US Constitution

Neil Jones

Former Arizona State University student Tim Tizon, being represented by the Chicago-based Liberty Justice Center, filed an appeal in the State of Arizona v. Tizon case Thursday after being convicted for trespassing while handing out copies of the Constitution on the ASU campus. Reilly Stephens, a staff attorney at the LJC, told The Arizona Sun Times this appeal is all about protecting First Amendment Rights.

“For us [the LJC], the core idea here is pretty straightforward. If the First Amendment’s going to mean anything, it means that at the public spaces of a public university, a student should not be arrested for handing out copies of the constitution,” said Stephens via the phone. “What could be a more basic free speech principle than that?”

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Arizona State University Student Convicted of Criminal Trespassing for Handing Out Copies of the Constitution on Campus Files Appeal

Rachel Alexander

Arizona State University (ASU) student Tim Tizon was convicted in October of criminal trespassing in the third degree for handing out copies of the U.S. Constitution on the school’s campus. University Lakes Justice of the Peace Tyler Kissell, a progressive, conducted the trial. The Liberty Justice Center is now representing Tizon with an appeal, which was filed on Thursday.

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Kari Lake and Mark Finchem Appeal Judge’s Decision to Dismiss Their Electronic Voting Machines Lawsuit

Rachel Alexander

Although the deadline for printing ballots for Arizona’s midterm election on Nov. 8 has passed, ending the time for litigation regarding items that must appear on the ballot, one lawsuit regarding the election continues to wind its way through the courts. After their lawsuit requesting the halting of electronic voting machines in the election was thrown out by an Obama-appointed trial court judge, U.S. District Judge John Tuchi, the attorneys for Trump-endorsed gubernatorial candidate Kari Lake and Trump-endorsed State Rep. Mark Finchem (R-Oro Valley), who is running for Arizona Secretary of State, filed a notice of appeal with the Ninth Circuit Court of Appeals.

Tuchi stated in his order dismissing the case that “speculative allegations that voting machines may be hackable are insufficient to establish an injury in fact,” it was too close to the election to file, and the lawsuit should have been filed in state court, not federal court. 

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U.S. Wins Appeal in Case to Extradite Wikileaks Founder Julian Assange

Admin

The U.S. won an appeal in its case to extradite Wikileaks founder Julian Assange from the United Kingdom.

The U.K.’s High Court ruled Friday that Assange could be returned to the U.S. where he will face multiple charges related to espionage and hacking, reversing a lower court’s decision blocking his extradition.

Assange’s fiancee Stella Morris said she plans to appeal the decision as soon as possible, calling the decision a “grave miscarriage of justice,” CNBC reported.

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Federal Appeals Court to Hear Democrats’ Challenge over Order of Candidates on Arizona Ballots

Rachel Alexander

Democrats may be getting somewhere with their lawsuit changing the order of candidates listed on ballots in Arizona, which happens to favor Republicans. The 9th Circuit Court of Appeals has agreed to hear a lawsuit from multiple Democratic groups challenging an Arizona law which requires candidates from the party which won the last gubernatorial election to be placed first on ballots. Since Republicans win more Arizona gubernatorial races, their candidates end up at the top of the ballot more often.

The Democratic Senatorial Campaign Committee, which is behind the lawsuits, pointed out how the law worked out in Arizona’s 2020 election, since Republican Doug Ducey won the previous gubernatorial election. “In Arizona, the Republican candidate will be listed first in 11 of the state’s 15 counties, where that 80 percent of the state’s population lives.”

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