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High court reverses pot conviction over evidence
Headline Court News |
2013/11/11 13:30
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The Montana Supreme Court on Wednesday reversed the conviction of a Beaverhead County man for criminal distribution of dangerous drugs, saying he was convicted based on insufficient evidence.
The court ruled in a 4-1 decision that state prosecutors presented the testimony of just one witness, who said Anthony James Burwell provided her with marijuana in exchange for baby-sitting his two daughters while he went to work in summer 2011.
Jennifer Jones told authorities that the night before she was supposed to baby-sit, she and Burwell smoked a bowl of a substance she said was marijuana, describing it as "green with orange hairs," according to the opinion written by Chief Justice Mike McGrath.
Jones identified Burwell in a list of "people to narc on" that she wrote while in police custody, McGrath wrote. She gave a vague description of the man and said he lived next door to her friend, according to the opinion.
Officers concluded Jones was referring to Burwell, found that he had a medical marijuana card and charged him in October 2011. He was convicted in district court and sentenced to 10 years, with five years suspended.
"Officers never searched Burwell's residence, never attempted a controlled buy and never discovered any marijuana in his possession," McGrath wrote.
No expert analyzed Jones' description of the substance, no other witnesses backed her testimony and she did not describe the effects of the substance, McGrath wrote.
The evidence was insufficient to conclude beyond a reasonable doubt that the substance was a dangerous drug, the chief justice wrote.
Justice Jim Rice dissented, saying that the majority opinion ignores significant circumstantial evidence and that it was up to the jury that convicted Burwell to determine the facts.
Burwell acknowledged that he did not pay Jones cash for baby-sitting and that Burwell and his son were medical marijuana cardholders permitted to grow the drug at home, Rice wrote.
"The testimony here, of a lay witness identifying marijuana from prior experience with the drug, along with the confirming circumstantial evidence, is sufficient to establish the identity of the substance," Rice wrote. |
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High court wrestles with prayer in government
Headline Topics |
2013/11/08 14:20
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The Supreme Court wrestled Wednesday with the appropriate role for religion in government in a case involving mainly Christian prayers at the start of a New York town's council meetings.
The justices began their day with the marshal's customary plea that "God save the United States and this honorable court." They then plunged into a lively give-and-take that highlighted the sensitive nature of offering religious invocations in public proceedings that don't appeal to everyone and governments' efforts to police the practice.
The court is weighing a federal appeals court ruling that said the Rochester suburb of Greece, N.Y., violated the Constitution because nearly every prayer in an 11-year span was overtly Christian.
The tenor of the argument indicated the justices would not agree with the appellate ruling. But it was not clear what decision they might come to instead.
Justice Elena Kagan summed up the difficult task before the court when she noted that "every time the court gets involved in things like this, it seems to make the problem worse rather than better."
The justices tried out several approaches to the issue, including one suggested by the two Greece residents who sued over the prayers to eliminate explicit references to any religion. |
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Anti-whaling activist to testify in US court
Industry News |
2013/11/08 14:19
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A fugitive anti-whaling activist known for confronting Japanese whaling vessels off Antarctica is due to testify about his actions in a U.S. court Wednesday.
Paul Watson, founder of the Oregon-based Sea Shepherd Conservation Society, is expected to take the witness stand in a contempt of court hearing in Seattle.
The Japanese whalers argue that the organization 10 times violated an order barring its vessels from attacking or coming within 500 yards of the whaling ships. They've asked the 9th U.S. Circuit Court of Appeals to impose fines of $100,000 for each violation, though they suggested the court waive those fines as long as the protesters stop confronting their ships.
The case is part of a long-running fight between the protesters and Japan's whaling fleet, which kills up to 1,000 whales a year, as allowed by the International Whaling Commission.
Japan is permitted to hunt the animals as long as they are killed for research and not commercial purposes, but whale meat not used for study is sold as food in Japan. Critics say that's the real reason for the hunts.
For several years, Sea Shepherd operated anti-whaling campaigns in the Southern Ocean. Activists aboard its vessels would hurl acid and smoke bombs at the whalers and drag ropes in the water to damage their propellers. |
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Planned Parenthood Asks Supreme Court's Help In Texas
Headline Court News |
2013/11/04 12:44
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Planned Parenthood is asking the Supreme Court to place Texas' new abortion restrictions on hold.
The group says in a filing with the high court Monday that more than a third of the clinics in Texas have been forced to stop providing abortions since a court order allowed the new restrictions to take effect Friday.
Planned Parenthood says that the 5th U.S. Circuit Court of Appeals went too far in overruling a trial judge who blocked the law's provision that requires doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.
The filing was addressed to Justice Antonin Scalia, who oversees emergency matters from Texas. |
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Court-martial date set in Naval Academy case
Court Watch News |
2013/11/04 12:44
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A court-martial has been scheduled for February for a U.S. Naval Academy student accused of aggravated sexual assault.
Midshipman Josh Tate appeared at an arraignment Monday at the Washington Navy Yard.
The court-martial is scheduled to begin Feb. 10. The case stems from an April 2012 party at an off-campus house in Annapolis. The alleged victim had been drinking heavily and has testified that she cannot remember having sex with Tate.
Another student also faces a separate court-martial in the case. It is scheduled for Jan. 27. Midshipman Eric Graham is charged with abusive sexual contact.
If you are facing trial by court-martial, you also have the right to hire an experienced civilian defense attorney to represent and defend you. It is your career and future that is at stake and it is important that you have an experienced attorney who will advocate aggressively on your behalf. Please contact Las Vegas Military Defense Attorneys. |
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Washington, DC Criminal Defense Lawyer
Headline Topics |
2013/11/03 12:46
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Criminal defense should not be taken lightly and getting an attorney with experience is crucial so you are able to achieve your goals in each situation. Mr. Ney has represented criminal defendants in felony cases in both trial and appellate courts.
With extensive experience in litigating criminal appeals, he know what it takes to obtain the best possible outcome in the courts. He has also represented clients in felony and potential felony cases in state and federal trial courts and investigations.
Brad has represented criminal defendants in felony cases in both trial and appellate courts. Brad has extensive experience litigating criminal appeals on behalf of the Maryland Public Defenders’ Office. He has also represented clients in felony and potential felony cases in state and federal trial courts and investigations.
The Law Office of W. Bradley Ney
601 Pennsylvania Avenue, NW
Suite 900
Washington, DC 20004 |
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Ride operator appears in court on NC fair injuries
Headline Topics |
2013/10/29 11:38
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A carnival ride operator facing assault charges over injuries from a ride at the North Carolina State Fair made his first appearance in court Monday, with a prosecutor saying there are still unanswered questions about what happened.
Timothy Dwayne Tutterrow, 46, of Quitman, Ga., faces three counts of assault with a deadly weapon, inflicting serious injury. Each count is punishable by up to eight years in prison.
Wake County District Court Judge Keith O. Gregory declined a request during the brief hearing to lower Tutterrow's $225,000 bond. The defendant, dressed in an orange and white striped jumpsuit, was taken back to jail in handcuffs.
Wake Sheriff Donnie Harrison said investigators determined the ride had been intentionally tampered with to bypass critical safety devices, though authorities have provided no details of the evidence against Tutterrow.
The "Vortex" jolted into motion Thursday evening as people were exiting, dropping riders from heights eyewitnesses estimated at up to 30 feet.
Three people remained hospitalized on Monday with serious injuries, including a 14-year-old. Two others were treated and released. |
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