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Calif. high court asked to hear gay marriage cases
Lawyer Blog News | 2008/11/18 17:01
The state attorney general and sponsors of the ballot initiative that banned same-sex marriage in California urged its Supreme Court to hear a series of lawsuits seeking to overturn the ban, saying the matter is too urgent to be unsettled.

"The petitions raise issues of statewide importance, implicating not only California's marriage laws but also the initiative process and the Constitution itself," Attorney General Jerry Brown argued in his filing.

"This court can provide certainty and finality in this matter," he said.

Proposition 8, which passed with 52 percent of the vote earlier this month, overturned the high court's May decision legalizing gay marriage in California. The measure inserts language into the constitution limiting marriage to one man and one woman.

Gay and civil rights groups, the city of San Francisco and other plaintiffs have asked the court to void the measure on the grounds that voters did not have the authority to make, what they say, is a fundamental constitutional change.

There is no deadline for the justices to decide whether they'll take the cases.

The litigation has made unwitting allies of supporters of the same-sex marriage ban and the attorney general, who voted against the proposition. Over the summer, anti-gay marriage groups sued Brown after his office changed the measure's wording to reflect that it would take away a right that same-sex couples then had.



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.



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.



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.



Court turns down appeal in sealed case
Lawyer Blog News | 2008/11/10 18:39
The Supreme Court has turned aside a legal newspaper publisher's challenge to court decisions sealing an entire case from public view.

The justices did not comment Monday on their order denying the appeal of The New York Law Publishing Company. It had sought access to a case that involved a woman who claimed her employer fired her because she had an abortion.

The 3rd U.S. Circuit Court of Appeals in Philadelphia upheld a trial judge's decision to seal the case. The woman, identified only as Jane Doe in limited court filings that have been made public, has since settled the case with her employer. That may have affected the high court's decision.

The Reporters Committee for Freedom of the Press and 29 media organizations asked the justices to take the case.



Mass. scrambling to adapt to marijuana initiative
Lawyer Blog News | 2008/11/07 14:32
After Massachusetts voted to decriminalize possession of small amounts of marijuana, top law enforcement officials are scrambling to figure out what they need to do to put the law into effect — despite their efforts to defeat it at the polls.

Attorney General Martha Coakley, who joined all 11 of the state's district attorneys in opposing the ballot question, said Wednesday she was working to determine exactly what it will require the legal system to do.

"Question 2's passage not only authorizes the decriminalization of small amounts of marijuana, but also establishes a parallel civil regulatory structure that does not currently exist," Coakley said in a written statement. "At this time, we are reviewing all of the implications of the new law and whether further clarification or guidance is needed."

Massachusetts becomes the 12th state in the country to decriminalize possession of small amounts of marijuana. The measure passed Tuesday with 65 percent of voters supporting it and 35 percent opposed.

Under the state constitution, a ballot question approved by voters becomes law 30 days after an election.

The courts have defined the end of an election as the date on which the Governor's Council certifies voting results. That typically happens during the last week of November or the first week of December.

Until the new law takes effect, marijuana possession will still be considered a crime, Coakley warned.

Possession of small amounts of marijuana in the state is now punishable by up to 6 months in jail and a $500 fine.



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