of Corrections, Parchman, MS, for Defendants-Appellees. McLaughlin v. City of Canton, 947 F.Supp. The Alabama alterations, on the other hand, were made through the judicial process of striking certain crimes which had the effect of limiting the coverage of the disenfranchising clause.

532, 133 L.Ed.2d 438 (1995). 954, 970 n. 18 (S.D.Miss. 568, 576, 50 L.Ed.2d 471 (1977)). See Hunter, 471 U.S. at 228, 105 S.Ct. 954, 970 n. 18 (S.D.Miss.1995) (citation omitted). No. * Enter a valid Journal (must Abstract. COTTON v. FORDICE United States Court of Appeals, Fifth Circuit. Kirk FORDICE, et al., Defendants-Appellees. R. CIV. Using the same standard on appellate review, all fact questions must be viewed in the light most favorable to the nonmoving party, and questions of law are reviewed de novo. See Ratliff, 20 So. Finally, a majority of the voters had to approve the entire provision, including the revision. of Educ. at 1920-22; Ratliff v. Beale, 74 Miss. Supra. P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. Section 2 of the Fourteenth Amendment does not prohibit states from disenfranchising convicted felons. Atty. 583, 42 L.Ed. Before confirming, please ensure that you have thoroughly read and verified the judgment. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 247, 20 So. Sept. 19, 1996) (district court dismissed case as frivolous). Both houses of the state legislature had to approve the amendment by a two-thirds vote. The Court declined to address the issue and instead reiterated that Alabama's provision was unconstitutional because it was originally enacted out of a desire to racially discriminate and the discriminatory effect still existed. (15 Oct, 1998) 15 Oct, 1998 Then, in 1968, the state broadened the provision by adding "murder" and "rape"--crimes historically excluded from the list because they were not considered "black" crimes. MISS. A district court's grant of judgment as a matter of law is proper if "there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law." Healthy City Bd. We also note that Brown offered no evidence, and the state did not concede, that the effect of § 241 is discriminatory against blacks, yet Hunter also requires unconstitutional effects as well as motive. CONST, art. Using the same standard on appellate review, all fact questions must be viewed in the light most favorable to the non-moving party, and questions of law are reviewed de novo. 954, 970 n. 18 (S.D.Miss.1995) (quoting 52A C.J.S.

1012 (1898) (finding that § 241 was constitutional because it was facially race neutral).

change. Once a plaintiff proves that racial discrimination was a motivating factor behind the enactment of the law, "the burden shifts to the law's defenders to demonstrate that the law would have been enacted without this factor." The Mississippi Secretary of State was then required to publish a full-text version of § 241, as revised, at least two weeks before the popular election. He wants to vote and complains, via a § 1983 suit, that the appellees unconstitutionally disenfranchised him. In law, "theft" is a general label for statutorily created crimes involving an unlawful taking.2 At common law, theft was defined as "the felonious taking and carrying away of the personal property of another with intent to convert it to the use of the taker without the consent of the owner." 95-60284 (5th Cir. v. Doyle, 429 U.S. 274, 287, 97 S.Ct.

at 977. 35 Pages Posted: 10 Sep 2004 Last revised: 25 Mar 2013. Finally, a majority of the voters had to approve the entire provision, including the revision. Federal Deposit Ins. Hunter, however, left open the possibility that by amendment, a facially neutral provision like § 241 might overcome its odious origin. ), cert. v. Doyle, 429 U.S. 274, 287, 97 S.Ct. Appellant Keith Brown1 is serving a sentence for armed robbery in a Mississippi state penitentiary. CONST, art. Corp. v. Abraham, 137 F.3d 264, 268 (5th Cir.1998) (citation omitted). P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct.

Williams v. State, 170 U.S. 213, 18 S.Ct. § 97-17-41 (Supp. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. See all articles by Gabriel Jackson Chin Gabriel Jackson Chin. Brown has offered no such proof regarding the current version of § 241; he relies exclusively on the Mississippi Supreme Court's now-irrelevant admission in Ratliff that the original version of § 241 was adopted for the purpose of discriminating against blacks. At least one other court has broadly interpreted § 241 to conclude that "theft" is an "umbrella term" to describe those crimes that involve a "wrongful taking." See McLaughlin, 947 F.Supp. Brown first argues that § 241 does not apply to him because it disenfranchises persons convicted of "theft" and not those convicted of "armed robbery." A state law prohibiting exercise of the vote, however, is unconstitutional if "its original enactment was motivated by a desire to discriminate against blacks on account of race and the section continues to this day to have that effect." § 1915(g). Cotton is … Although § 241 was facially neutral and technically in compliance with the Fourteenth Amendment, the state was motivated by a desire to discriminate against blacks. 10 (Miss.1950); H. Con. Hunter, however, left open the possibility that by amendment, a facially neutral provision like § 241 might overcome its odious origin.7 That is what has happened here. A district court's grant of judgment as a matter of law is proper if "there is no genuine issue as to any material fact and . 10 (Miss.1950); H. Con. Brown has offered no such proof regarding the current version of § 241; he relies exclusively on the Mississippi Supreme Court's now-irrelevant admission in Ratliff that the original version of § 241 was adopted for the purpose of discriminating against blacks. Amending § 241 was a deliberative process. McLaughlin, 947 F.Supp. at 1922. Similarly, Mississippi defines "larceny" as "taking and carrying away, feloniously, the personal property of another." Appellant next argues that § 241 is unconstitutional because it was originally drafted with the intent to disenfranchise blacks. For these reasons, the district court's judgment is AFFIRMED. At common law, theft was defined as "the felonious taking and carrying away of the personal property of another with intent to convert it to the use of the taker without the consent of the owner." at 228, 105 S.Ct. This appeal originally included both Keith Brown and Jarvious Cotton.

See id. Viewed in this light, § 241 as it presently exists is unconstitutional only if the amendments were adopted out of a desire to discriminate against blacks. ), cert. at 1922. See id.

Healthy City Bd. Section 2 of the Fourteenth Amendment does not prohibit states from disenfranchising convicted felons. Jarvious COTTON, et al., Plaintiffs, Keith Brown, Plaintiff-Appellant, v. Kirk FORDICE, et al., Defendants-Appellees. Both houses of the state legislature had to approve the amendment by a two-thirds vote. Similarly, Mississippi defines "larceny" as "taking and carrying away, feloniously, the personal property of another." At least one other court has broadly interpreted § 241 to conclude that "theft" is an "umbrella term" to describe those crimes that involve a "wrongful taking."

Brown argues that because the Mississippi Constitution does not expressly list "armed robbery" as a disenfranchising crime, he has retained the right to vote. Sch.


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