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Court: Feds can target California pot clinics
Topics in Legal News | 2014/01/16 15:11
An appeals court Wednesday affirmed the federal government's long-standing policy that California medical marijuana dispensaries have no protection under state law from drug prosecutions.

The 9th U.S. Circuit Court of Appeals ruled Wednesday that three California dispensaries, their customers and their landlords are barred from using a state law allowing marijuana use with a doctor's recommendation as a shield from criminal charges and government lawsuits. All uses of marijuana are illegal under the federal Controlled Substances Act, also known as the CSA, even in states that have legalized pot.

The ruling upholds three lower court decisions and follows previous rulings by federal appeals courts and the U.S. Supreme Court.

The 9th Circuit panel conceded that medical marijuana use is more accepted now than several years ago when it made a similar ruling. But it said the new legal challenges didn't raise any new arguments that would trump federal law.


High court rejects Ohio killer's last-minute plea
Topics in Legal News | 2014/01/16 15:11
The state made preparations on Wednesday to use a never-tried lethal drug combination to put a man to death for the slaying of a pregnant woman that went unsolved until he inadvertently helped authorities, and the U.S. Supreme Court refused to block the execution.

Dennis McGuire, jailed on an unrelated assault charge, told investigators he had information about the woman's Feb. 12, 1989, death. His attempts to blame the crime on his brother-in-law quickly unraveled, and soon he was accused of being Joy Stewart's killer, prosecutors said. More than a decade later, DNA evidence confirmed McGuire's guilt, and he acknowledged that he was responsible in a letter to Gov. John Kasich last month.

The state planned to execute McGuire on Thursday with a new process adopted after supplies of its previous drug dried up when the manufacturer put it off limits for capital punishment. The two-drug combination has never been used in a U.S. execution.

The state opposed McGuire's last-minute appeal, in which he claimed a jury never heard the full extent of his chaotic and abusive childhood.


Court weighs president's recess appointments power
Top Court Watch | 2014/01/13 15:16
The Supreme Court is refereeing a politically charged dispute between President Barack Obama and Senate Republicans over the president's power to temporarily fill high-level positions.

The case being argued at the high court Monday is the first in the nation's history to consider the meaning of the provision of the Constitution that allows the president to make temporary appointments to positions that otherwise require Senate confirmation, but only when the Senate is in recess.

The court battle is an outgrowth of increasing partisanship and the political stalemate that's been a hallmark of Washington for years, and especially since Obama took office in 2009.

Senate Republicans' refusal to allow votes for nominees to the National Labor Relations Board and the new Consumer Financial Protection Bureau led Obama to make the temporary, or recess, appointments in January 2012.

Three federal appeals courts have said Obama overstepped his authority because the Senate was not in recess when he acted.

The Supreme Court case involves a dispute between a Washington state bottling company and a local Teamsters union in which the NLRB sided with the union. The U.S. Court of Appeals for the District of Columbia Circuit overturned the board's ruling. Hundreds more NLRB rulings could be voided if the Supreme Court upholds the appeals court decision.


Odds against Alex Rodriguez in federal court
Topics in Legal News | 2014/01/13 15:15
The odds are against Alex Rodriguez in federal court as he tries to overturn his season-long drug suspension.

For the past five decades, the U.S. Supreme Court has set narrow grounds for judges to consider when evaluating lawsuits to overturn arbitration decisions. That position was reaffirmed in 2001 when it ruled against Steve Garvey in his suit against the Major League Baseball Players Association stemming from the collusion cases of the 1980s.

"I don't think he has very much of a chance," said Stanford Law School professor emeritus William B. Gould IV, the former chairman of the National Labor Relations Board. "There are many cases that are appealed from arbitration awards, but the case law at the Supreme Court level makes success very much a long shot."

The Joint Drug Agreement between Major League Baseball and the players' association gives the sport's three-person arbitration panel — the independent arbitrator plus one representative of management and the union — jurisdiction to review discipline resulting from violations.


Court denies execution stay for Fla. killer.
Legal Blog News | 2014/01/10 15:49
The U.S. Supreme Court has refused to block Tuesday's scheduled execution of an inmate convicted of fatally stabbing a prison guard while already on Florida's death row.

Askari Abdullah Muhammad, previously known as Thomas Knight, was set to die by lethal injection Tuesday evening.

The 62-year-old Muhammad was first condemned to die for the 1974 abduction and killings of Sydney and Lillian Gans, a Miami couple. He was sentenced to die again for killing corrections officer Richard Burke in 1980 using a sharpened spoon.

His execution has been delayed for so long because of numerous appeals and rulings, including a 1987 federal appeals court tossing out his death sentence because he hadn't been allowed to put character and background witnesses on the stand during the penalty phase.


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