|
|
|
High court reverses pot conviction over evidence
Recent Law Insight |
2013/11/11 14:26
|
The Montana Supreme Court on Wednesday reversed the conviction of a Beaverhead County man for criminal distribution of dangerous drugs, saying he was convicted based on insufficient evidence.
The court ruled in a 4-1 decision that state prosecutors presented the testimony of just one witness, who said Anthony James Burwell provided her with marijuana in exchange for baby-sitting his two daughters while he went to work in summer 2011.
Jennifer Jones told authorities that the night before she was supposed to baby-sit, she and Burwell smoked a bowl of a substance she said was marijuana, describing it as "green with orange hairs," according to the opinion written by Chief Justice Mike McGrath.
Jones identified Burwell in a list of "people to narc on" that she wrote while in police custody, McGrath wrote. She gave a vague description of the man and said he lived next door to her friend, according to the opinion.
Officers concluded Jones was referring to Burwell, found that he had a medical marijuana card and charged him in October 2011. He was convicted in district court and sentenced to 10 years, with five years suspended.
"Officers never searched Burwell's residence, never attempted a controlled buy and never discovered any marijuana in his possession," McGrath wrote.
No expert analyzed Jones' description of the substance, no other witnesses backed her testimony and she did not describe the effects of the substance, McGrath wrote.
The evidence was insufficient to conclude beyond a reasonable doubt that the substance was a dangerous drug, the chief justice wrote.
Justice Jim Rice dissented, saying that the majority opinion ignores significant circumstantial evidence and that it was up to the jury that convicted Burwell to determine the facts.
Burwell acknowledged that he did not pay Jones cash for baby-sitting and that Burwell and his son were medical marijuana cardholders permitted to grow the drug at home, Rice wrote.
"The testimony here, of a lay witness identifying marijuana from prior experience with the drug, along with the confirming circumstantial evidence, is sufficient to establish the identity of the substance," Rice wrote. |
|
|
|
|
|
|
Fla. appeals court lifts temporary ban on auto law
Recent Law Insight |
2013/10/25 16:02
|
A Florida appeals court on Wednesday cleared the way for the enforcement of a controversial auto insurance law that backers say was designed to curb fraudulent claims.
The 1st District Court of Appeal ruled that Tallahassee Circuit Judge Terry Lewis was wrong when he sided with physical therapists and other health care providers challenging the 2012 law.
In March, Lewis ruled that modifications to some of the key provisions of Florida's no-fault auto insurance law were possibly unconstitutional, and he ordered a temporary ban on those provisions.
Lewis suspended the part of the law that requires a finding of emergency medical condition and prohibits payments to acupuncturists, massage therapists and chiropractors. He said the law violates the right of access to the courts found in the Florida Constitution.
But the appeals court contended that those seeking to block enforcement of the law had not shown they were actually being harmed by it.
"Without showing of an actual denial of access to courts ... the provider plaintiffs lack standing to assert this claim," states the unsigned opinion.
The ruling, however, does not end the ongoing lawsuit challenging the new law.
Florida legislators passed the state's no-fault insurance law — also known as Personal Injury Protection — in the early 1970s to ensure that anyone hurt in an automobile wreck could obtain medical treatment without delay, while waiting for a case to be resolved. |
|
|
|
|
|
|
Man fired over religious beard wins court fight
Recent Law Insight |
2013/10/11 11:09
|
A Seattle-area Muslim man who said his former employer fired him because of the beard he wears for religious reason has been awarded more than $66,000, although most of that will go to attorney fees.
Abdulkadir Omar said he doesn't care about the money.
"It's not even about the money," he said. "It's about standing up for something you believe in."
A Seattle-area Muslim man who said his former employer fired him because of the beard he wears for religious reason has been awarded more than $66,000, although most of that will go to attorney fees.
Abdulkadir Omar said he doesn't care about the money.
"It's not even about the money," he said. "It's about standing up for something you believe in."
In 2011, Omar filed his federal lawsuit in Seattle against Sacramento, Calif.-based American Patriot Security, seeking back pay and unspecified damages for emotional pain and loss of enjoyment of life, among other reasons.
According to the lawsuit, Omar was hired by a local manager of the security company in May 2009 and earned $9 an hour guarding a FedEx warehouse in Kent, Wash. He said he started the same day he was hired, and was not told about the clean-shaven policy.
In November 2009, a supervisor from headquarters told him he had to shave his beard because of the policy. Omar refused, saying his beard is part of his religious beliefs. He was suspended, and fired the following spring, the lawsuit said.
In 2011, Omar filed his federal lawsuit in Seattle against Sacramento, Calif.-based American Patriot Security, seeking back pay and unspecified damages for emotional pain and loss of enjoyment of life, among other reasons.
According to the lawsuit, Omar was hired by a local manager of the security company in May 2009 and earned $9 an hour guarding a FedEx warehouse in Kent, Wash. He said he started the same day he was hired, and was not told about the clean-shaven policy.
In November 2009, a supervisor from headquarters told him he had to shave his beard because of the policy. Omar refused, saying his beard is part of his religious beliefs. He was suspended, and fired the following spring, the lawsuit said. |
|
|
|
|
|
|
Federal court reverses man's murder conviction
Recent Law Insight |
2013/09/30 15:59
|
A federal court has reversed a Southern California man's conviction in the bludgeoning death of his wife.
The Orange County Register reports that a three-judge panel for the 9th U.S. Circuit Court of Appeals ruled this week that 75-year-old Marvin Vernis Smith didn't receive a fair trial.
A jury found Smith guilty of murdering his wife 66-year-old Minnie Smith in 2007. She was found dead in their Cypress home, bludgeoned to death in the head and face with a metal fireplace log roller on Dec. 15, 2005.
The court ruled that a jury instruction violated Smith's right to receive proper notice of charges against him and prepare a defense.
The district attorney's office will request that the state attorney general ask the U.S. Supreme Court to review the decision. |
|
|
|
|
|
|
Lawyer: Performer Harris to deny UK sex charges
Recent Law Insight |
2013/09/23 11:48
|
Veteran entertainer Rolf Harris intends to plead not guilty to indecent assault and child pornography charges, his lawyer told a London court hearing Monday.
The 83-year-old performer faces nine counts of indecent assault on victims aged 14 and 15 and four counts of making indecent images of children. The alleged incidents stretch back to the 1980s.
Harris, who was accompanied by his wife Alwen, spoke only to confirm his name, address and date of birth during the brief pre-trial hearing at Westminster Magistrates' Court.
Defense lawyer Sonia Woodley said Harris would deny the charges when asked to enter a formal plea at a later hearing.
Australia-born Harris has been a British broadcasting stalwart for decades. He has had musical hits with "Tie Me Kangaroo Down, Sport" - which he once performed with The Beatles - and "Two Little Boys."
He also has hosted television shows and painted an official portrait of Queen Elizabeth II |
|
|
|
|
|
Law Firm SEO RSS Feed
