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Protesters rally near Texas court in dragging case
Legal Career News | 2008/11/17 17:01
Protesters galvanized by a dragging death that has stirred memories of the notorious James Byrd case rallied twice outside an eastern Texas courthouse to speak out against a judicial system they consider racist.

About 60 people, led by a contingent from the New Black Panther Party and the Nation of Islam, met at the Lamar County Courthouse on Monday to bring attention to the death of Brandon McClelland. The groups later returned with about 200 protesters. Afterward, dozens of people chanting "No justice, no peace!" marched to a nearby church for a meeting.

Authorities say two white suspects purposely ran over McClelland, who is black, following an argument on the way home from a late-night beer run in September. McClelland's body was torn apart as it was dragged some 70 feet beneath a pickup truck near Paris, a city about 95 miles northeast of Dallas with a history of tense relations between blacks and whites.

The death came 10 years after James Byrd was killed in Jasper, another eastern Texas town. Byrd was chained to the back of a pickup by three white men and dragged for three miles.



Wisconsin court says 1985 killer should be freed
Lawyer Blog News | 2008/11/14 17:01
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.



Republican Party challenges 'soft money' laws
U.S. Legal News | 2008/11/13 17:44
The national Republican Party sued the Federal Election Commission Thursday, seeking to overturn prohibitions on unregulated corporate and labor contributions and to make it easier to coordinate spending with federal candidates.

In two lawsuits, the Republican National Committee directly challenged post-Watergate restrictions on the ability of parties and candidates to work hand-in-hand on political campaigns and the law Congress passed in 2002 banning unlimited contributions know as "soft money."

Republican National Committee Chairman Robert M. "Mike" Duncan said in an interview that the suits were designed to "strengthen the Republican Party and bring a more level playing field to campaign finance."

At issue are two distinct laws — one passed in the aftermath of the Watergate abuses of the early 1970s and the other a six-year-old ban on soft money. Both laws have been upheld by the Supreme Court, but since then the court has a new Chief Justice in John G. Roberts and a new justice in Samuel Alito.

The lawsuits come after the defeat of Republican presidential candidate John McCain, a fierce opponent of soft money and one of the authors of the 2002 legislation that banned the parties from raising unlimited money from corporations, unions and wealthy individuals.

The RNC lawsuit said the total ban on soft money amounts to a violation of the First Amendment's guarantees of free speech and association.

Critics say the suit is merely an attempt by the RNC to test the law against a reconstituted Supreme Court.

"This effort to go to the Supreme Court appears to be based on the idea that we have different justices so the prior decisions should just be thrown out, and that is just dead wrong," said Fred Wertheimer, president of Democracy 21, a campaign money watchdog group.

The RNC wants to be able to raise unlimited contributions for "non-federal" activities — that is, for expenditures unrelated to presidential, U.S. Senate or House of Representative elections. The money, the complaint says, would be used to help elect Republicans to state offices, to finance congressional redistricting efforts by state Republican parties following the 2010 census, and to finance lobbying efforts on federal legislative issues.

The RNC's effort to permit fundraising for state parties and state candidates would reverse a key component of the 2002 law that McCain helped write with Democratic Sen. Russell Feingold of Wisconsin and House members Christopher Shays, R-Conn., and Martin Meehan, D-Mass.

Under that law, the national parties can only raise money under federal fundraising restrictions. The law banned the national parties from raising so-called soft-money — that is, unlimited amounts of money from corporations, unions or individuals. If the national parties can raise money for state parties or for state candidates, they would adjust that fundraising to state limits, some of which are far more lenient than federal law.



US appeals court hears arguments in ND hemp case
Lawyer Blog News | 2008/11/13 13:44
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.



High court hears dispute over religious monument
Headline News | 2008/11/12 18:20
Supreme Court justices warily confronted a free speech dispute Wednesday over a small religious group's efforts to place a monument in a public park.

The justices seemed reluctant to accept the arguments put forth by the religious group known as the Summum that once a government accepts any donations for display in a public park, it must accept them all.

"Do we have to put any president who wants to be on Mt. Rushmore?" Chief Justice John Roberts asked.

Yet the court also was uncomfortable with the position of Pleasant Grove City, Utah, which rejected the Summum's request to erect a monument similar to a Ten Commandments display that has stood in the city's Pioneer Park since 1971.

Justice David Souter wondered how the city could accept the Ten Commandments display and then say, "'We will not on identical terms take the Summum monument because we don't agree with the message.' Why isn't that a First Amendment violation?"

The Salt Lake City-based Summum wants to erect its "Seven Aphorisms of Summum" monument in the park.

The Summum argued, and a federal appeals court agreed, that Pleasant Grove can't allow some private donations in its public park and reject others.



Ex-Wash. priest agrees to pay abuse victims $5M
Lawyer Blog News | 2008/11/11 16:58
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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