Another Win for Governor Palin

Alaskans4Palin ^ | 3/20/2011 | Doris

[curth]

Though you won't hear about this one in the New York Times, Governor Palin scored another win yesterday. More than 18 months after her resignation as Governor of the State, she continues to fight legal battles that began following her 2008 run with John McCain to lead our nation.

This win comes from the Alaska Supreme Court, which issued a ruling yesterday clearing her and then Alaska Attorney General, Talis Colberg.

In November 2008, following her return from the Vice Presidential trail, Governor Palin came under unprecedented legal attack. Among those legal challenges was a law suit filed by Ben Lathem. In this suit, he sought punitive damages from Governor Palin and Attorney General Colberg for not challenging the constitutionality of a piece of legislation passed in 1995. He originally sought one million dollars in damages from each of the defendants, but went on to amend those damages twice, first to ten million dollars, and then to one billion dollars.

Mr. Lathem's problems with the law began in 1986 when he was convicted of "robbery in the first degree and criminal mischief in the second degree for robbing a grocery store and damaging the stolen car in which he attempted to flee the scene of the crime". In 1994, while still under probation for the first charge, Mr. Lathem was charged with another charge of "criminal mischief in the second degree".

In April 2009, the superior court dismissed the suit, but he went on to appeal to the Supreme Court. Yesterday, the Alaska Supreme Court upheld the lower court ruling. They state that the 1995 law, "did not injure him in any way". They went on to explain that the decision to "not challenge the 1995 law was a high level policy choice. It was not the execution of day-to-day operation of government".

You can read the entire judgement yourself, here. You can donate to Governor Palin's legal defense fund as she continues to clear out the nonsense that followed her rise in National politics and run for the Vice Presidency here.

[stefanbatory]

maybe i missed it, but what is the law in question?

[Dr. Sivana]

From the ruling:

Ben Latham sued the governor and attorney general for failing to challenge the constitutionality of 1995 legislation that modified the jurisdiction of the court of appeals to hear excessive sentence appeals. The superior court dismissed Latham’s lawsuit on the grounds of res judicata and collateral estoppel. Latham now appeals. This is Latham’s third lawsuit related to the 1995 legislation. In 1998 Latham filed an application for post-conviction relief seeking to withdraw a plea entered prior to the 1995 legislation. Latham argued that he had entered the plea in reliance on rights that were stripped by the legislation. The application was denied on the ground that Latham was not affected by the 1995 legislation. In 2006 Latham brought a class action lawsuit against the Alaska Public Defender Agency, past and present governors, and others, challenging the constitutionality of the 1995 legislation and the failure of public defenders to inform criminal defendants of the changes brought by this legislation. Class certification was denied and the action was dismissed.

[Dr. Sivana]

Latham sought compensatory damages amounting to over $100 billion in addition to requesting class certification; an order from the superior court declaring several Alaska statutes unconstitutional; the disbarment of all defendant attorneys for a term of six years; and the voiding of all plea agreements affected by the 1995 legislation.

Well, at least he didn't ask for too much compensation.

[RedMDer]

Mr. Lathem sounds like a real pillar of the community. /s

[JPG]

Even Dr. Evil didn't want that much.

[Foolsgold]

We just need to give in and pay Dr Evil’s demands of 1 billion, gagillion, fafillion, shabolubalu million illion yillion…yen