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Court: Ignorance about allergy medicine crime no excuse
Attorney News | 2017/06/11 23:40
Just because a man previously convicted of methamphetamine-related crimes didn't know it was now illegal for him to buy over-the-counter allergy medicine given his criminal history doesn't mean his rights were violated, a divided North Carolina Supreme Court ruled Friday.

A majority of the seven justices reversed a lower appeals court decision overturning the conviction of Austin Lynn Miller for buying one box of capsules at a Walmart in Boone in early 2014, barely a month after an expanded purchase prohibition law took effect.

Miller was barred from buying anything beyond minuscule amounts of the medicine because it contained pseudoephedrine, which can be used to make meth, due to his 2012 convictions on possession of meth and keeping a car or house to sell controlled substances.

A jury convicted Miller for possessing the allergy medicine. He received a suspended sentence with probation.

State law already required the nonprescription medicine to be kept behind the counter and mandated electronic record keeping to monitor whether a meth lab was buying up the drugs. Often purchasers follow screen prompts saying they understand buying the medicines in large quantities or too frequently is illegal.

Miller's lawyer argued his client's due process rights were violated because he had no knowledge the purchasing law had changed in December 2013 and that he didn't intend to violate the law. There were no signs in pharmacies about the changes, either, the attorney said.

A three-judge panel of the Court of Appeals ruled unanimously in March 2016 the law was unconstitutional as it applied to a convicted felon like Miller who failed to receive notice from the state that their "otherwise lawful conduct is criminalized" unless there's other proof the person knew about the law.

State attorneys argued that Miller's ignorance of the law was no excuse and that it was his intentional action of purchasing the medicine that led to the crime.

Writing the majority opinion, Justice Sam Ervin IV sided with the state and rejected Miller's arguments that the retail purchase was an innocuous act that raised no alarms about whether he was breaking the law.


Family of Colorado man killed by police settles laws
Attorney News | 2017/05/20 10:43
Court documents show the family of a Colorado man killed by police has settled its lawsuit against the city and the officer.

The Pueblo Chieftain says it obtained documents Thursday which showed the settlement resolved “all pending claims” against officer James Ashby and the city of Rocky Ford.

Reports say Ashby fatally shot 27-year-old Jack Jacquez. He was sentenced to 16 years in prison for the murder.

Jacquez’s mother, his estate and the mothers of his minor children filed a lawsuit against Ashby and the city in October.

The settlement is waiting on the approval of the Otero County Probate Court judge to include the children in it.

A court filling from this week does not show the terms of the settlement.




Judge rejects effort to block Confederate statue's removal
Attorney News | 2017/05/11 10:38
A last-ditch effort to block the removal of a monument to a Confederate general in New Orleans was rejected Wednesday by a Louisiana judge who turned away arguments that the city doesn't own the statue or the land on which it sits.

"This has gone on an inordinate amount of time," Judge Kern Reese said as he outlined reasons for his refusal to grant an injunction protecting the statue of Gen. P.G.T Beauregard. It was a reference to state and federal court battles that delayed removal of the Beauregard monument and three others for more than a year.

The huge bronze image of Beauregard on horseback sits in the center of a traffic circle at the entrance to New Orleans City Park. Those who don't want it removed argued that it belongs to a park board and, therefore, the city has no authority to remove it.

Reese's rejection of an injunction means the city can remove the statue pending further proceedings in his court. Richard Marksbury, a New Orleans resident and monument supporter, said he may go to an appeal court to block removal.

The Beauregard statue, a statue of Gen. Robert E. Lee and one of Confederate President Jefferson Davis are slated for removal. A fourth structure, the Liberty Place monument, was removed late last month. It honored whites who battled a biracial Reconstruction-era government in New Orleans.

The Liberty Place monument was taken down without advance notice in the dead of night by workers in masks and body armor. City officials have been secretive about removal plans due to threats of violence against those tasked with taking down the structures.

In Reese's court, Franklin Jones, an attorney for Marksbury, cited documents asserting that the independent, state-supervised board that oversees City Park owns the Beauregard statue and the tract of land on which it sits. Adam Swensek, an assistant city attorney, noted court precedents holding otherwise and said delays in removing the monuments only prolong a controversy that has resulted in tense confrontations between pro- and anti-monument groups at monument sites.


Dems force 1-week delay on panel vote on Supreme Court pick
Attorney News | 2017/03/25 11:19
Senate Democrats on Monday forced a one-week delay in a committee vote on President Donald Trump's Supreme Court nominee, who remains on track for confirmation with solid Republican backing.

Sen. Chuck Grassley, R-Iowa, chairman of the Judiciary Committee, announced that, as expected, Democrats have requested a postponement. The committee vote on Judge Neil Gorsuch now will be held April 3.

As the committee readies to vote, three additional Democrats said they are likely to vote against the Denver-based appeals court judge. Florida Sen. Bill Nelson and Hawaii Sen. Mazie Hirono said they will vote against Gorsuch, and Vermont Sen. Patrick Leahy tweeted that he still was undecided but inclined to oppose him. Leahy is a senior member of the Judiciary panel and a former chairman.

That means at least 17 Democrats and independents, led by Minority Leader Chuck Schumer of New York, have announced their opposition to the Denver-based appeals court judge, arguing that Gorsuch has ruled too often against workers and in favor of corporations.

The Democrats who have announced their opposition have also said they will try to block the nominee, meaning Senate Majority Leader Mitch McConnell, R-Ky., will have to hold a procedural vote requiring 60 votes to move forward. The Senate GOP has a 52-48 majority, meaning McConnell will need support from at least eight Democrats or independents.

It was unclear whether he would be able to get the 60 votes. If he doesn't, McConnell seems ready to change Senate rules and confirm him with a simple majority.

Republicans had hoped that they'd see some support from the 10 Democrats running for re-election in states won by Trump in the presidential election, but four of those senators — Nelson, Pennsylvania Sen. Bob Casey, Ohio Sen. Sherrod Brown and Wisconsin Sen. Tammy Baldwin — have already said they will oppose the nominee.

Leahy, however, signaled that he may be willing to break from Schumer and vote with Republicans on the procedural vote, while also signaling in a separate tweet he'd vote against Gorsuch in the final, up or down vote.



Court bars release of videos made by anti-abortion group
Attorney News | 2017/03/20 11:20
A federal appeals court on Wednesday barred the release of videos made by an anti-abortion group whose leaders are facing felony charges in California accusing them of recording people without permission in violation of state law.

The 9th U.S. Circuit Court of Appeals upheld a lower court ruling blocking the recordings made by the Center for Medical Progress at meetings of the National Abortion Federation, an association of abortion providers.

The Center for Medical Progress previously released several secretly recorded videos that it says show Planned Parenthood employees selling fetal tissue for profit, which is illegal. Planned Parenthood said the videos were deceptively edited to support false claims.

The videos stoked the American abortion debate when they were released in 2015 and increased Congressional heat against Planned Parenthood that has yet to subside.

It's not clear what's on the bulk of the recordings the group made at National Abortion Federation meetings.

A leader of the Center for Medical Progress, David Daleiden, said in a statement that the 9th Circuit was preventing the release of footage of Planned Parenthood leadership discussing criminal conduct at the meetings and its ruling was an attack on the First Amendment.


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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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