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Wisconsin court says 1985 killer should be freed
Breaking Legal News |
2008/11/14 09:01
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A Wisconsin appeals court ruled Thursday that a man who killed a Catholic priest and two others in a church 23 years ago should be released from a mental hospital. Bryan Stanley had claimed to be a prophet sent to cleanse St. Patrick's Catholic Church in Onalaska when he gunned down parish priest John Rossiter, lay minister Ferdinand Roth Sr. and church custodian William Hammes in 1985. He was angry the priest was allowing girls to give Scripture readings during Mass. Stanley, who suffered from psychosis, was found not guilty by reason of mental disease and was committed indefinitely to Mendota, a state psychiatric hospital in Madison. The District 4 Court of Appeals said state lawyers failed to prove that releasing Stanley, 53, would present a danger to himself or the public. The decision overturns a ruling by a La Crosse County judge who had denied Stanley's request for release. Ferdinand Roth Jr., a retired police supervisor in La Crosse, Wis. and son of one of the victims, blasted the decision. He recalled that Stanley testified at a hearing last year there was not a 100 percent guarantee he would always take his medicine. |
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US appeals court hears arguments in ND hemp case
Breaking Legal News |
2008/11/13 05:44
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An attorney for two North Dakota farmers argued they should be able to grow industrial hemp under state regulations without fear of federal criminal prosecution. Attorney Joe Sandler told a panel of the 8th U.S. Circuit Court of Appeals on Wednesday that his clients' lawsuit against the federal Drug Enforcement Administration should move forward so that the farmers might have a chance to use their state permits to grow hemp for seeds and oil. The lawsuit was dismissed in U.S. District Court. At the heart of the dispute is whether the farmers — state Rep. David Monson and Wayne Hauge — can cultivate hemp under North Dakota laws without violating the federal Controlled Substances Act. Hemp is related to the illegal drug marijuana, and under the federal law, parts of an industrial hemp plant are considered controlled substances. Sandler argued that while hemp plants might fall under the federal law, the law doesn't apply because the parts of the plant that could be considered a drug would never leave the farms. He also underlined the differences between marijuana and the crop the farmers want to grow, saying the judge who dismissed the case incorrectly treated marijuana and hemp as the same thing. Industrial hemp is legally grown in several countries, including Canada, and the U.S. imports many products made from hemp seed, oil and fiber. The plant has much lower concentrations of the psychoactive chemical THC found in marijuana plants. Melissa Patterson, a Justice Department attorney, told the appeals panel that Congress does have the power to regulate the crop in this case and that Congress has determined through the Controlled Substances Act that the plants, whether used for drugs or not, should be restricted. Patterson also argued that the farmers must, as directed by Congress, first go through a registration process with the DEA to grow hemp rather than taking the issue to court. The farmers' registration request with the DEA is still pending. |
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Ex-Wash. priest agrees to pay abuse victims $5M
Breaking Legal News |
2008/11/11 08:58
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A former priest accused in many of the child sex-abuse claims that bankrupted the eastern Washington Catholic diocese has agreed to pay $5 million to victims, who'll likely never be paid. Even though Patrick O'Donnell doesn't have the money he agreed to pay, a lawyer for some two dozen victims says getting the former priest to own up to his actions will help them put the abuse behind them. "I think we achieved our goal, which was to get a judgment, and hopefully we can deprive him of as many assets as we can," the victims' lawyer, Timothy Kosnoff, said Monday. O'Donnell avoids a civil trial that was scheduled this week. A court hearing to record the settlement is set for Wednesday. O'Donnell's lawyer, John Bergman of Seattle, declined to release details of the settlement, saying documents were still being prepared. "We want to put an end to this case," Bergman said. |
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Court turns down appeal in sealed case
Breaking Legal News |
2008/11/10 10:39
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The Supreme Court has turned aside a legal newspaper publisher's challenge to court decisions sealing an entire case from public view. The justices did not comment Monday on their order denying the appeal of The New York Law Publishing Company. It had sought access to a case that involved a woman who claimed her employer fired her because she had an abortion. The 3rd U.S. Circuit Court of Appeals in Philadelphia upheld a trial judge's decision to seal the case. The woman, identified only as Jane Doe in limited court filings that have been made public, has since settled the case with her employer. That may have affected the high court's decision. The Reporters Committee for Freedom of the Press and 29 media organizations asked the justices to take the case. |
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Mass. scrambling to adapt to marijuana initiative
Breaking Legal News |
2008/11/07 06:32
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After Massachusetts voted to decriminalize possession of small amounts of marijuana, top law enforcement officials are scrambling to figure out what they need to do to put the law into effect — despite their efforts to defeat it at the polls. Attorney General Martha Coakley, who joined all 11 of the state's district attorneys in opposing the ballot question, said Wednesday she was working to determine exactly what it will require the legal system to do. "Question 2's passage not only authorizes the decriminalization of small amounts of marijuana, but also establishes a parallel civil regulatory structure that does not currently exist," Coakley said in a written statement. "At this time, we are reviewing all of the implications of the new law and whether further clarification or guidance is needed." Massachusetts becomes the 12th state in the country to decriminalize possession of small amounts of marijuana. The measure passed Tuesday with 65 percent of voters supporting it and 35 percent opposed. Under the state constitution, a ballot question approved by voters becomes law 30 days after an election.
The courts have defined the end of an election as the date on which the Governor's Council certifies voting results. That typically happens during the last week of November or the first week of December. Until the new law takes effect, marijuana possession will still be considered a crime, Coakley warned. Possession of small amounts of marijuana in the state is now punishable by up to 6 months in jail and a $500 fine. |
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US judge 'agonizing' over Clemens lawsuit
Breaking Legal News |
2008/11/05 02:31
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A federal judge said Monday he is "agonizing" over the status of a defamation lawsuit Roger Clemens filed against his former personal trainer, who accused the pitcher of using performance-enhancing drugs. U.S. District Judge Keith P. Ellison made the comment after a nearly two-hour hearing in which attorneys for both sides reiterated arguments they had already briefed in court filings over the last few months. The issues before Ellison are whether or not he should throw out the lawsuit and if he doesn't, whether it should stay in Texas. "I really have been agonizing over these claims," Ellison said. Clemens sued Brian McNamee in January after the pitcher's former trainer told baseball investigator and former Senate Majority Leader George Mitchell that the seven-time Cy Young Award winner used steroids and human growth hormone. Clemens' attorney, Joe Roden, said his client had agreed to drop one claim against McNamee, for intentional infliction of emotional distress, because it was covered in other parts of the lawsuit. A 354-game winner, Clemens is under investigation by the FBI after denying McNamee's claims while under oath during a deposition and public testimony before a congressional committee. |
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Court wrestles with TV profanity case
Breaking Legal News |
2008/11/04 15:34
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The Supreme Court spent an hour on Tuesday talking about dirty words on television without once using any or making plain how it would decide whether the government could ban them. The dispute between the broadcast networks and the Federal Communications Commission is the court's first major broadcast indecency case in 30 years. At issue is the FCC's policy, adopted in 2004, that even a one-time use of profanity on live television is indecent because some words are so offensive that they always evoke sexual or excretory images. So-called fleeting expletives were not treated as indecent before then. The words in question begin with the letters "F" and "S." The Associated Press typically does not use them. Chief Justice John Roberts, the only justice with young children at home, suggested that the commission's policy is reasonable. The use of either word, Roberts said, "is associated with sexual or excretory activity. That's what gives it its force." Justice John Paul Stevens, who appeared skeptical of the policy, doubted that the f-word always conveys a sexual image. |
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