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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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Ride operator appears in court on NC fair injuries
Attorney News |
2013/10/29 14:10
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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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Josef Cowan | Civil Litigation Construction Law Firm Los Angeles
Attorney News |
2013/10/25 16:00
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Josef Cowan founded our firm over 20 years ago. The following are some questions and answers that discuss his unique qualities and why so many individuals and businesses trust our firm with their legal and business needs.
Q. Why did you become a lawyer?A. I’m the youngest of 6 kids raised by a single mother. We didn’t have much money, so I started working in the construction industry at a very young age. In fact, I started a construction business when I was 17 years old, and that company is still in existence and has over 400 employees. The construction industry involves a huge number of legal issues in a wide variety of different areas. I always found the legal issues fascinating and believed that a solid understanding of the law and ability to resolve complex issues is a huge advantage in business.
Q. What inspired you to found the Cowan Law Group?A. When I originally went to law school, I intended to use my legal training to help me with the construction business I started. However, I found I have a real passion for helping individuals and small to medium-sized companies resolve their legal and business problems in ways that make good business sense.
Q. How is the Cowan Law group different from other law firms?A. There are far too many firms that provide little to no value to their clients, and many that create more problems than they resolve. In many instances, the attorneys are good, smart people, but they don’t have the background or business savvy necessary to provide truly strategic, cost-effective legal solutions to their clients. This is a real problem because a good attorney who understands not just the legal issues, but also his client’s business challenges and objectives, is a tremendous resource and strategic advantage. With that in mind, I created the Cowan Law Group, whose main mission is to provide legal services that are smart, creative, and practical.
Q. So what makes you a good lawyer and advisor?A. I have benefitted greatly from a first class college and legal education. What I believe is even more important, however, is my life experience. Starting at a very young age, I have had to overcome many challenges both personally and in business. As a lawyer and advisor, these experiences have been invaluable because, through them, I have developed an ability to look at problems and challenges and know how to navigate through them in ways that are smart and effective.
But what is most telling is what my clients say. Over the course of my legal career, I have successfully resolved over $700 million of legal disputes in many different areas, including general business, real estate, construction, employment, and trade secret litigation, and I have handled a large number of business transactions. My clients often tell me that I provide counseling that is practical and mindful of business priorities, and that I handle it all well.
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Mavroudis & Guarino, LLC. - Essex County Real Estate Lawyers
Attorney News |
2013/09/25 11:59
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Essex County Real Estate Lawyers makes up the team for The Mavroudis & Guarino, LLC. Our talented teams offers the highest quality counseling in the the area of Westchester County. While many law offices offer complex real estate services, the M&G difference is that we are not just attorneys, but established real estate professionals.
Our Real Estate Practice Group Chair, John M. Mavroudis, has developed over $1 billion dollars worth of commercial and residential real estate as founder, owner and Chief Executive Officer of Rio Vista, a prominent real estate development, construction and realty services company. Our lawyers have many years of skill and knowledge in a wide range of matters including regional and local office, retail, industrial and residential developments, home building, real estate brokerage, and other types of residential, industrial and commercial ventures.
Many representative cases have been the subject of reported decisions. M&G law firm offers personalized real estate representation from the most basic transaction such as buying or selling a home to the most complex; restructuring a multimillion dollar development. We can be the real estate attorneys for you, don't hesitate to contact our talented team today!
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Virginia Military Divorce Attorney - Tenecia P. Reid
Attorney News |
2013/08/21 12:45
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The Law Office of Tenecia P. Reid will support you through your military divorce. These types of divorces are especially complicated and Ms. Reid is ready to guide you through this specialized issue such as determining jurisdiction and dividing disposable military retired pay. Many divorce attorneys have general family law experience, but they do not have an in depth understanding of the laws that specifically affect you, such as the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA).
If you are a servicemember or servicemember’s spouse, you probably recognize the complex nature of military divorce. The Law Office of Tenecia P. Reid is equipped to explain and guide you through these dense, specialized issues, such as determining jurisdiction and dividing disposable military retired pay.
With many years representing military divorce cases, The Law Office of Tenecia P. Reid is the legal help you can depend on. Call today for a consultation so we can discuss your options.
http://www.tpreidlaw.com/practice-areas/military-divorce |
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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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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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