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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.


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.


4 suspects in NJ mall carjacking plead not guilty
Topics in Legal News | 2014/01/10 15:48
Four men charged in the fatal carjacking of a young lawyer outside an upscale New Jersey mall pleaded not guilty Wednesday to felony murder and other charges.

Hanif Thompson, 29, of Irvington, and Newark residents Karif Ford, 31, Basim Henry, 32, and Kevin Roberts, 33, are accused in the Dec. 15 carjacking and killing of Dustin Friedland outside The Mall at Short Hills.

The four men were arraigned Wednesday on charges of murder, felony murder, carjacking, conspiracy, possession of a weapon and possession of a weapon for unlawful purpose. Their public defenders entered not-guilty pleas for them.

A state Superior Court judge in Newark continued their bail at $2 million each. The four have been in custody since their arrests about a week after the shooting.

Friedland, a 30-year-old lawyer from Hoboken, was killed while returning to his car in the mall parking garage with his wife after a shopping trip, authorities said. The carjackers confronted the couple and Friedland was shot in the head, authorities said. His wife was unharmed.


Pa. monsignor due in court after leaving prison
Topics in Legal News | 2014/01/06 11:48
A Roman Catholic church official is due in court Monday for the first time since his conviction in the priest sex-abuse scandal was reversed.

Monsignor William Lynn is not quite a free man. He must remain under electronic monitoring while prosecutors try to restore the conviction.

Lynn served 18 months in prison for felony child-endangerment. He was the first U.S. church official ever convicted over his handling of abuse complaints.

Lynn says he tried to protect children as secretary for clergy in Philadelphia from 1992 to 2004, but prosecutors say he sought only to protect the church.

The 63-year-old Lynn will appear in court to review terms of his release from prison last week.

A judge says he must live in Philadelphia and report weekly to probation.


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