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Court: Ignorance about allergy medicine crime no excuse
Law & Court News |
2017/06/12 23:38
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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.
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High court won't hear appeal from former Qwest CEO
Law Firm Press Release |
2017/06/12 23:38
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The Supreme Court won't hear an appeal from former Qwest Communications International Inc. CEO Joseph Nacchio seeking an $18 million tax refund on money he gained from illegal stock sales.
The justices on Monday left in place a lower court ruling that said the money was not tax deductible.
Nacchio was convicted in 2007 of selling $52 million in stock of Denver-based Qwest based on inside information. He was ordered to forfeit $44 million and to pay a $19 million fine. He also was sentenced to five years and 10 months in prison.
Nacchio claimed the $44 million he forfeited was deductible as a business expense or loss and that he should get a refund. A federal judge agreed, but a federal appeals court in Washington, D.C., overturned that ruling.
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Roman Polanski sex victim to appear in court for first time
Topics in Legal News |
2017/06/09 13:01
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The victim of Roman Polanski's sex assault 40 years ago is going to appeal directly to a judge to end the long-running case against the fugitive director, his lawyer said Thursday.
Samantha Geimer, 13 at the time of the crime, has long supported Polanski's efforts to end the legal saga that limits his freedom, but Friday will be the first time she's appeared in Los Angeles Superior Court on his behalf, attorney Harland Braun said.
"She's tired of this case," Braun said. "The judge is just playing games with him."
The Oscar-winner has been a fugitive since he fled to France in 1978 on the eve of sentencing for the crime of having unlawful sex with a minor. Prosecutors dropped charges that he drugged, raped and sodomized the girl.
Polanski feared the judge was going to renege on a plea agreement and send him away for more time than the six weeks he served in prison during a psychiatric evaluation prior to sentencing.
His lawyers have been fighting for years to end the case and lift an international arrest warrant that confined him to his native France, Switzerland and Poland, where he fled the Holocaust.
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The Latest: Suspect in 36 fire deaths appears in court
Legal Blog News |
2017/06/09 13:00
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A man who leased the Oakland warehouse where 36 people died in a massive fire appeared briefly in court on charges of involuntary manslaughter.
Derick Almena had been expected to enter a plea Thursday but his attorney asked to delay the arraignment.
A judge ordered the 47-year-old Almena to return June 15 when co-defendant Max Harris is expected to make his first appearance on the same charges.
Officials say the warehouse was illegally turned into living spaces and an unpermitted concert was held there on the night of the fire in December.
Almena's attorney Jeffrey Krasnoff said his client is being used as a scapegoat and plans to fight the charges. Harris doesn't have an attorney yet.
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Court: Ohio E-School Can't Delay Repayment of $60M to State
Topics in Legal News |
2017/06/08 13:01
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ECOT's reported enrollment of 15,000 Ohio students makes it one of the largest online charter schools in the U.S.
Democrats jumped on the court's decision to pile criticism on the school, which has struggled for years against attacks on its enrollment practices and student performance ratings.
"This sham, unaccountable school is a clear waste of taxpayer money and needs to be shut down," said Democratic gubernatorial candidate Betty Sutton. "The main thing that they seem to do well is shower Republican candidates and committees with political donations instead of educating children. Unfortunately, it is a symptom of a much larger disease facing Ohio's education system."
ECOT spokesman Neil Clark said the school didn't get a fair shake in court. He took particular aim at one of the three deciding judges, Gary Tyack, as being biased against the school, online learning and school choice.
"Today, Judge Tyack confirmed that he would put his agenda before the law," Clark said in a statement. "He is desperate to destroy ECOT and is unwilling to even wait for the judicial system to play out before advancing his vendetta."
Chief Justice Maureen O'Connor rebuked Tyack after oral arguments were held in the case before the state's high court. She wrote that his comments against the school, its founder and online education were derogatory, extrajudicial, unnecessary and unacceptable.
The school's efforts to revisit the issue of Tyack's impartiality came as it braced for Monday's important school board vote, which comes amid the long-running legal dispute over what attendance-tracking practices should be used to determine state funding.
A state hearing officer ruled against the school in its appeal of the state Education Department's determination that the school owes $64 million for enrollment that can't be justified due to lack of documentation. |
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