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Mass. court: Intent to sell pot still a crime
Court Feed News |
2012/02/14 11:39
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The state’s highest court has ruled that a person can still be criminally charged with attempting to distribute marijuana even when the amount of the drug discovered is less than an ounce.
But the court left open the question of whether those criminal charges can also be leveled against people sharing a marijuana cigarette.
The court’s decision was intended to help clarify a 2008 voter-approved ballot question that decriminalized possession of small amounts of pot. Someone caught with less than an ounce of marijuana now faces a $100 fine instead of jail time. |
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Federal court rules for Ohio festival free speech
Court Feed News |
2012/02/13 14:03
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A federal appeals court has ruled in favor of two Christians who say their free speech rights were violated at a southwest Ohio corn festival.
A 6th U.S. Circuit Court of Appeals three-judge panel ruled unanimously Monday that a policy against solicitation at the annual Sweet Corn Festival was too broad, and unconstitutional. The panel reversed a federal judge's ruling.
The case stemmed from the summer 2009 festival in the Dayton suburb of Fairborn, Ohio. Plaintiffs Tracy Bays and Kerrigan Skelly planned to convey their religious beliefs among festival-goers, and Bays began walking through the park with a sandwich board sign with Christian messages. After encountering opposition from a festival worker and officials, they left.
They sued in 2010. The Christian legal aid group Alliance Defense Fund argued their appeal. |
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Miss high court hears challenge to Barbour pardons
Court Feed News |
2012/02/10 14:20
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Feuding attorneys asked the Mississippi Supreme Court on Thursday to determine the validity of pardons that Haley Barbour gave to convicted killers and other convicts during his final days as governor.
Chief Justice Bill Waller Jr. said the court would not rule Thursday, but he didn't say when a decision would come.
"We want them to take enough time to do it right," said Randy Walker, who objects to the pardons. Walker was shot in the head in 1993 by one of the men Barbour set free last month. That former inmate, David Gatlin, also fatally shot his own estranged wife as she held the couple's baby.
At the heart of the dispute is Section 124 of the Mississippi Constitution, which says "no pardon shall be granted" by the governor until the convicted felon applying for the pardon publishes notice of that application for 30 days in a newspaper in or near the county where the crime was committed.
Justices could uphold the pardons, as requested by a private attorney representing Republican Barbour. Or they could declare the pardons invalid, as requested by Democratic Attorney General Jim Hood. If they agree with Hood that the 30-day publication is a must, they could send the pardons back to a lower court, where a circuit judge could hold a trial to determine whether the pardons met those requirements. |
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Ariz Supreme Court bars candidate from running
Court Feed News |
2012/02/08 17:27
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The Arizona Supreme Court on Tuesday affirmed a ruling that barred a woman from running for a city council seat because she doesn't speak English proficiently.
The state's highest court ruled that Alejandrina Cabrera's name shouldn't appear on the March 13 election ballot in San Luis but didn't list a reason for the decision. A full written ruling is expected at a later date, according to an Arizona Supreme Court spokeswoman.
The case brought widespread attention to the southern Arizona border city after Mayor Juan Carlos Escamilla filed a court action asking for a determination of whether Cabrera has the English skills necessary to serve a four-year term.
State law requires elected officials to know English, but Cabrera's attorneys claimed the law doesn't define proficiency in the language.
John Minore, an attorney for Cabrera, said his office is looking at ways to appeal the case to the U.S. Supreme Court.
Cabrera's lawyers previously said the action against their client was politically motivated because of her efforts to recall Escamilla. Cabrera began circulating petitions to recall the mayor in April after the council hiked utility rates and approved the layoffs of 12 city employees as part of spending cuts. |
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Oracle rejects $272M SAP award, wants new trial
Court Feed News |
2012/02/07 15:53
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Database software maker Oracle is rejecting a court-ordered award for $272 million from German rival SAP, saying it would rather have another trial over SAP's theft of software and customer-support documents.
A jury awarded Oracle Corp. $1.3 billion in the case in November 2010, but a federal judge cut that amount last September. Oracle said then that it would seek a new trial.
In a Monday court filing, the Redwood City, Calif., company says it rejected the award.
SAP AG has admitted that a now-closed subsidiary, TomorrowNow, pilfered Oracle's intellectual property. Oracle argued that this helped SAP undercut Oracle for similar services. SAP said it didn't make much use of the documents and should have to pay only $40 million. |
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Ga. court overturns assisted suicide restrictions
Court Feed News |
2012/02/06 17:40
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Georgia's top court struck down a state law that restricted assisted suicides, siding on Monday with four members of a suicide group who said the law violated their free speech rights.
The Georgia Supreme Court's unanimous ruling found that the law violates the free speech clauses of the U.S. and Georgia constitution. It means that four members of the Final Exit Network who were charged in February 2009 with helping a 58-year-old cancer-stricken man die won't have to stand trial, defense attorneys said.
Georgia law doesn't expressly forbid assisted suicide. But lawmakers in 1994 adopted a law that bans people from publicly advertising suicide, hoping to prevent assisted suicide from the likes of Dr. Jack Kevorkian, the late physician who sparked the national right-to-die debate.
The law makes it a felony for anyone who "publicly advertises, offers or holds himself out as offering that he or she will intentionally and actively assist another person in the commission of suicide and commits any overt act to further that purpose."
The court's opinion, written by Justice Hugh Thompson, found that lawmakers could have imposed a ban on all assisted suicides with no restriction of free speech, or sought to prohibit all offers to assist in suicide that were followed by the act. But lawmakers decided to do neither, he said. |
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