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U.S. judge OKs prison healthcare lawsuit
Legal Career News |
2007/03/17 15:58
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A lawsuit alleging female inmates in Wisconsin receive deficient medical care took another step forward Thursday. In a class action lawsuit brought by the American Civil Liberties Union, female prisoners at the Taycheedah Correctional Institution argued their rights were violated by severe lapses in medical treatment including inadequate access to doctors and life-threatening gaps in prescription drug treatment.
Prison officials argued they were not aware of such healthcare conditions at the prison and asked Judge Rudolph Randa of the U. S. District Court, Eastern District of Wisconsin, to dismiss the suit.
Randa instead ruled the case should proceed.
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Court rules against dying woman in marijuana case
Legal Career News |
2007/03/17 00:36
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Dying mother Angel Raich, 41, has lost her appeal in federal court Wednesday to use marijuana for medical purposes. Her doctor claims marijuana is the only medicine that will keep Raich alive. The mother of two, from Oakland, CA, has scoliosis, chronic nausea and an inoperable brain tumor, among other ailments. Raich pre-emptively sued the government in an effort to avoid arrest for using marijuana. Raich uses marijuana every few hours, on her doctor's advice. The 1970 Controlled Substances Act criminalizes heroin, LSD, marijuana and other drugs. In her appeal, Raich was asking for enforcement of this law to be blocked. A legal conflict exists between federal law, which states marijuana is illegal and has no medical value, and 11 states that allow marijuana use for medical purposes with a doctor's recommendation. Two years ago, the Supreme Court ruled against Raich, stating that even individuals living in one of the 11 states allowing medical marijuana can be prosecuted under federal laws. Due to the Supreme Court ruling, the 9th Circuit Court of Appeals narrowed the issue down to the right to life theory. The three appeals judges stated that the U.S. is not to the point where "the right to use medical marijuana is 'fundamental.'" The court did admit, however, that if Raich is later arrested and prosecuted, she may be able to use a "medical necessity defense." Judge C. Arlen Beam stated in a partial dissent that since Raich has not been arrested, she has no legal standing to bring a case. Raich told press that "I have to get myself busted in order to try to save my life." Frank Lucido, one of Raich's physicians, said last year that she would "probably be dead without marijuana." New Mexico may become the 12th state to allow marijuana use for medical purposes. Governor Bill Richardson is expected to sign the bill that lawmakers approved Wednesday. Several California cities have de-prioritized marijuana offenses, including San Francisco, Santa Cruz, Santa Monica, Oakland, Santa Barbara and West Hollywood. San Francisco joined the growing number of California cities putting marijuana offenses low on the priority list in December. Marijuana has been used to treat a variety of illnesses and symptoms, including cancer, glaucoma, hepatitis C, Crohn's disease, HIV or AIDS and multiple sclerosis. It has also been used to treat migraines, seizure disorders, severe or chronic pain or nausea, anorexia, wasting syndrome and agitation of Alzheimer's disease. |
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US attorney firings weighed in 2005
Headline News |
2007/03/16 22:20
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In early 2005 the Justice Department advocated the removal of up to 20 percent of the nation's US attorneys whom it considered to be "underperforming" but retaining prosecutors who were "loyal Bushies," according to e-mails released by Justice late yesterday. The three e-mails also show that presidential adviser Karl Rove asked the White House counsel's office in January 2005 whether it planned to proceed with a proposal to fire all 93 federal prosecutors. Officials said yesterday that Rove was opposed to that idea but wanted to know whether the Justice Department planned to carry it out. The e-mails provide new details about the early decision-making that led to the firings of eight US attorneys last year, indicating that Justice Department officials endorsed a larger number of firings than has been disclosed and that Rove expressed an early interest in the debate. The messages also show that an internal administration push to remove a large number of federal prosecutors was well underway even as Alberto R. Gonzales, then the White House counsel, was preparing for Senate hearings on his nomination to be attorney general. Gonzales talked "briefly" in December 2004, the messages show, with D. Kyle Sampson, who would become his chief of staff at the Justice Department, about the plan to remove US attorneys. Justice spokeswoman Tasia Scolinos said Gonzales has "no recollection" of discussing the prosecutors' firings at the time, when he was preparing for his January 2005 confirmation hearings. The dismissals, and the Bush administration's shifting explanations for them, led a growing number of lawmakers to demand Gonzales's resignation this week. Justice Department documents released Tuesday contradicted the contention that the White House was not closely involved. A second Republican, Senator Gordon Smith, Republican of Oregon, called for Gonzales's ouster yesterday. Senator John E. Sununu, Republican of New Hampshire, said Wednesday that Gonzales should resign. "The senator believes, as a matter of credibility, it would be most helpful to have an attorney general we can have full confidence in," said Smith's spokeswoman. Senator Mark Pryor of Arkansas, one of six Democrats to support Gonzales's confirmation, also demanded his resignation after learning of e-mails that showed Justice Department officials planning to circumvent Pryor on the replacement for a fired Little Rock US attorney in 2006. Pryor said Gonzales had told him there was no attempt to avoid his input. None of the three new e-mails is from Rove himself. They are part of a string of e-mail correspondence among other officials.
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Iraq court endorses death for ex-official
Legal World News |
2007/03/16 18:52
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An Iraqi appeals court Thursday endorsed the death sentence of Taha Yassin Ramadan, vice president under Saddam Hussein. The Court of Cassation had previously overturned the criminal court's original verdict that sentenced Ramadan to life in prison, saying he, like Saddam Hussein and two other former aides, should be put to death. The court amended the verdict to death and the cassation court Thursday approved it.
Saddam was hanged in December, while his half brother Barzan al-Tikriti and Awad al-Bandar, former head of the Revolutionary Court, were executed in January on charges of killing 148 people in the Shiite town of Dujail following a foiled assassination attempt against the former president in 1982.
Now Ramadan is expected to be hanged within the next 30 days.
Meanwhile, officials in Baghdad announced the death of former National Assembly speaker Saadoun Hammadi, presumably while in custody. Mohammad Hamza al-Zubaidi, the former deputy prime minister under Saddam's regime, died of a reported heart attack last year while in U.S. custody in Iraq. |
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German court: Anti-Nazi swastika OK
Legal World News |
2007/03/16 15:15
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A German court has ruled that it is legal to sell anti-Nazi T-shirts that use the swastika. A lower court had ruled that Jurgen Kamm, who runs a business called "Nix Gut" or "Nothing Good," was in violation of a law against displaying the swastika, giving the Hitler salute or wearing Nazi uniforms. He was fined almost $5,000. Kamm, who describes himself as left-wing, sells T-shirts, badges and bumper stickers that bear a swastika with a red slash through it or show someone putting a swastika in a garbage can. The Federal Court of Justice in Karlsruhe found that his wares "clearly and unambiguously" carry an anti-Nazi message, Deutsche Welle reported. |
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Detroit Man Sentenced for Child Prostitution
Court Feed News |
2007/03/16 15:15
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Robert Lewis Young of Detroit was sentenced today to 25 years in federal prison for running a criminal operation prostituting adults and children, Assistant Attorney General Alice S. Fisher of the Criminal Division and Stephen J. Murphy, U.S. Attorney for the Eastern District of Michigan announced. Following the 25-year sentence in federal prison, Young will face five years of supervised release for operating a prostitution ring spanning from Michigan to Hawaii. Young recruited and directed females – including minors – to engage in prostitution. Young transported women and children and facilitated their transportation across state lines by car and airplane. Young reaped substantial financial benefit and laundered the proceeds of his illegal prostitution activities with the help of co-conspirators. Young’s sentencing comes after his plea of guilt to 26 offenses including sex trafficking of children, sex trafficking by force, fraud or coercion, transportation of a minor for criminal sexual activity, transportation for prostitution, sexual exploitation of children, possession and interstate distribution of child pornography, threatening interstate communications, possession with the intent to distribute marijuana, felon in possession of a firearm, money laundering, and use of an interstate facility in aid of racketeering. In addition, Young was also convicted of producing and distributing child pornography for his use on a Web site to advertise the availability of his prostitutes including a 17-year-old-girl he exploited. As part of his sentence, Young was also ordered to forfeit property gained through and used in furtherance of his crimes including computer equipment, furs, clothing, jewelry, electronics and cash. Young’s co-conspirators have also been convicted of their role in the prostitution operation. Young’s Honolulu associates, Mark Luke White and Hae Sun Kim face sentencing later this year. Jeffrey McCoy, one of Young’s co-defendants pleaded guilty and was sentenced in Hawaii earlier this year. A second Detroit associate, George Abro, who laundered the proceeds and assisted in the prostitution ring, pleaded guilty to federal offenses in October 2006 and will be sentenced later this year as well. A Chicago dentist, Dr. Gary Kimmel, is under indictment and charged with financial offenses related to his support of Young's organization and is scheduled for trial in September 2007. The investigation is being conducted by the FBI, Michigan State Police, U.S. Postal Inspection Service, IRS, the Detroit Major Crimes Task Force, the Detroit Police Department, and the Macomb County Enforcement Team. In Hawaii, the investigation was led by the Internet Crimes Against Children Task Force comprised of members from the State Attorney General’s Office, the FBI, Immigration and Customs Enforcement (ICE), the U.S. Postal Inspection Service, and the Honolulu Police Department with substantial assistance from Assistant U.S. Attorney Wes Porter of the District of Hawaii. The case is being prosecuted by Trial Attorney Kayla Bakshi of the Child Exploitation and Obscenity Section (CEOS) of the Department of Justice’s Criminal Division and Assistant U.S. Attorney John O’Brien of the U.S. Attorney’s Office for the Eastern District of Michigan and Assistant U.S. Attorney Wes Porter for the District of Hawaii. In the spring of 2003, the Violent Crimes and Major Offenders Section of FBI headquarters, in partnership with CEOS and the National Center for Missing & Exploited Children, initiated the Innocence Lost Initiative, designed to address the growing problem of children forced into prostitution. To date, the Innocence Lost Initiative has resulted in 275 open investigations, 697 arrests, 160 informations or indictments, and 136 convictions in the federal and state systems. |
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