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High court reverses pot conviction over evidence
Attorney News |
2013/11/11 14:25
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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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N. Ind. court helps veterans get back on track
Headline Legal News |
2013/11/11 14:24
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A northern Indiana judge is helping troubled veterans get their lives back in order.
Porter Superior Judge Julia Jent started the Veterans Treatment Court slightly more than two years ago. Case managers, mental health professionals, prosecutors and public defenders work to help veterans who have had a run-in with the law try to solve some of the problems they are facing.
On Friday, six military veterans who graduated from the program. Sixty-three-year-old Paul Hake of Porter says it completely change his life. Hake is a Marine veteran who served in Vietnam. He says he had a problem with alcohol, but now he has his life back.
The class was the third graduating class since the program began.
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High court wrestles with prayer in government
Topics in Legal News |
2013/11/08 15:27
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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
Legal Focuses |
2013/11/08 15:25
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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
Court Watch |
2013/11/04 14:44
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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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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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