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Ohio court: Wording of pot legalization ballot is misleading
Court Watch |
2015/09/15 18:12
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Ohio's Supreme Court ruled Wednesday that part of the ballot wording describing a proposal to legalize marijuana in the state is misleading and ordered a state board to rewrite it.
Supporters of the measure, known in the fall election as Issue 3, challenged the phrasing of the ballot language and title, arguing certain descriptions were inaccurate and intentionally misleading to voters. Attorneys for the state's elections chief, a vocal opponent of the proposal, had said the nearly 500-word ballot language was fair.
In a split decision, the high court sided with the pot supporters in singling out four paragraphs of the ballot language it said "inaccurately states pertinent information and omits essential information."
The court ordered the state's Ballot Board to reconvene to replace those paragraphs about where and how retail stores can open, the amount of marijuana a person can grow and transport and the potential for additional growing facilities.
"The cumulative effect of these defects in the ballot language is fatal because the ballot language fails to properly identify the substance of the amendment, a failure that misleads voters," the court said.
The court allowed the ballot issue's title, "Grants a monopoly for the commercial production and sale of marijuana for recreational and medicinal purposes," to stand in a blow to the backers who had taken issue with the use of the word "monopoly."
Passage of Issue 3 would make Ohio a rare state to go from outlawing marijuana to allowing it for all uses in one vote.
The full text of the proposed constitutional amendment has nearly 6,600 words. It would allow anyone 21 and older to buy marijuana for medicinal or personal use and grow four plants. It creates a network of 10 authorized growing locations, some that already have attracted a celebrity-studded list of private investors, and lays out a regulatory and taxation scheme.
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Ferguson panel recommends police, court reform, transparency
Court News |
2015/09/14 18:12
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A reform panel formed after the Ferguson police shooting of Michael Brown is recommending the consolidation of the metro area's police departments and municipal courts, a newspaper reported Monday.
Gov. Jay Nixon and others have scheduled an afternoon news conference to release details of the Ferguson Commission report that has been 10 months in the making. But the St. Louis Post-Dispatch received a copy of the commission's 198-page report ahead of its official release.
"The law says all citizens are equal," the report's introduction states. "But the data says not everyone is treated that way."
The events in Ferguson raised concerns about police departments and municipal courts in that north St. Louis County town, but also elsewhere in the region. The departments and courts have been accused of targeting minorities to raise revenue, leading to the mistrust that was a key component of the unrest following Brown's death.
In addition to court and police department consolidation, the commission recommends changes in several other areas to address social and economic divisions highlighted since the shooting. The 16-person commission suggested establishing a statewide, publicly accessible database to track police shootings and developing a statewide plan to deal with mass demonstrations that focuses on preserving life.
It recommends establishing school-based healing centers to address behavioral and health issues.
The commission was established in November during the unrest that followed the fatal shooting in August of Brown, 18, who was black and unarmed, by Ferguson officer Darren Wilson. A St. Louis County grand jury and the U.S. Department of Justice declined to prosecute Wilson, who is white, but the shooting spurred a national "Black Lives Matter" movement and led to protests and rioting in and around Ferguson.
The commission put forth 189 "calls to action," including many previously made publicly available.
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Starting Up: The Balanced Approach
Opinions |
2015/09/12 18:12
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The last two decades have been a period of metamorphosis for the world wide web. The development of new technologies has not only made the web more advanced but also more accessible as well. Just as with law in the United States, societal shifts pave way for new standards and values in the world of digital marketing as well. At one point in time the Constitution was sufficient according to modern standards and then a series of Amendments over time were passed to tailor to the changing American landscape. Technology is not all that different. Websites used to be simpler. A web address in itself once gave potential clients the impression that you meant business. Content was always valuable but the user experience was not emphasized by many, designers did the best they could with what they had. Over the years, new technologies have re-shaped the way we seek information, interpret information and ultimately make important decisions (such as retaining an attorney). With this shift comes a slew of new criteria and much ground to cover. For sole practitioners and small firms who don’t have an online presence, the thought of launching a stellar website can be daunting. You need a powerful logo, SEO , a secure means of collecting information, custom functionality, google analytics, mobile responsiveness and the list goes on. When the goal of your website is to generate business, the immediate concern of most attorneys is being found. Who doesn’t want to be found? Solidifying your presence online is the goal but how exactly is it done? The answer is by taking a balanced approach, this means investing time and resources prudently. Many professionals, including attorneys just want to rank high and rank fast. If only it was that simple, there wouldn’t be tens of thousands of SEO Experts or Managers on networks such as LinkedIn. Lets think of your website as a business, a storefront in particular. Being on the 1st page of a Google Result in your region is the equivalent of sitting on prime real estate in your city or town. Lots of foot traffic, accessible from public transportation and being at a major intersection can’t hurt. Being there is one thing, but remaining (and thriving) there is entirely different. Take the case of the store or cafe that is in a heavily populated area, sure people may walk by or even enter, but do they stay? Do they make purchases? What do they buy? Do they return after making a purchase or recommend it to a friend? Now consider those answers and the factors that influence them. It’s about the experience the store or site provides. Don’t be the shop owner who watches the shelves collect dust as groups of people enter and exit your shop before you can ask them what they need. When applied to the world wide web and particularly the niche of analytics, this is known as a bounce rate. If your being found frequently but not generating the business you desire, there is a problem. Thankfully, there is a solution as well. It lies in optimizing your website while using the information the valuable tools we have at our finger tips, provide us.
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OJ Simpson appeal rejected by Nevada Supreme Court
Legal Interview |
2015/09/11 18:07
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Imprisoned former football star O.J. Simpson lost his latest appeal of his 2008 kidnapping and armed robbery conviction in Las Vegas.
A three-member Nevada Supreme Court panel rejected Simpson's request for a new trial, ruling in a 16-page order Thursday that there was no reason to overturn a lower court judge's decisions in the case.
"We ... conclude the district court did not err in denying these claims," justices Ron Parraguire, Michael Douglas and Michael Cherry said.
Simpson lawyers filed the appeal last October, arguing that Clark County District Court Judge Linda Marie Bell was wrong to deny Simpson a new trial on charges that got Simpson sentenced to 9 to 33 years in a botched hotel room heist.
Simpson lawyers Patricia Palm, Ozzie Fumo and Tom Pitaro argued that his trial attorney mishandled his case and had conflicts of interests. The three attorneys didn't immediately respond to messages late Thursday, and it wasn't immediately known if Simpson was aware of the ruling.
Simpson, 68, is serving his sentence in a northern Nevada prison after a jury found him guilty of multiple felonies for leading five other men in a September 2007 confrontation with two sports memorabilia dealers at a Las Vegas hotel. Two of the men with Simpson testified they brought guns, at Simpson's request.
The Heisman Trophy winner, NFL Hall of Fame member and former television and movie star didn't testify at his robbery trial in Las Vegas. His attorneys, Yale Galanter and Gabriel Grasso, claimed Simpson was just trying to retrieve items stolen from him after his 1995 acquittal in Los Angeles in the deaths of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman.
The Supreme Court in September 2010 rejected a previous Simpson appeal, filed by Galanter.
Simpson's appeal argued that his multiple convictions and sentences for assault with a deadly weapon and robbery with use of a deadly weapon constitute double-jeopardy; that Galanter should have challenged his multiple convictions and punishments; and that the jury should have been given a chance to consider lesser kidnapping and theft offenses.
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Idaho high court upholds law banning horse racing terminals
Legal Topics |
2015/09/10 18:07
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Idaho's highest court says the state must enforce legislation banning lucrative instant horse racing terminals after ruling that Gov. C.L. "Butch" Otter's veto of the bill was invalid.
The decision is a blow to Idaho's horse racing industry, where officials have pleaded that the machines are vital to keeping their businesses afloat.
In a unanimous decision issued Thursday, the court ruled that the ban must go into effect because Otter did not complete the veto within the required five-day time span. In Idaho, a bill automatically becomes law — even if the governor doesn't sign it — unless it is vetoed within the legal timeframe.
"This pivotal decision reaffirms that even Idaho's highest elected officials must follow the Constitution," said Coeur d'Alene Tribe Chief James Allan, chairman of the tribe that filed the lawsuit against the state, prompting the court's ruling. The tribe, which profits from its own video gaming on the reservation and faced competition from the new horse racing versions, said it was "extremely happy" with the ruling.
Secretary of State Lawerence Denney must now certify the law, which will make the machines illegal. He did not immediately return calls from The Associated Press on when he will certify it. There are currently about 250 machines installed in three locations across Idaho.
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German court rules against Lufthansa pilot strike
Court News |
2015/09/08 18:06
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A German court issued an injunction Wednesday ordering a halt to a strike by pilots at Lufthansa, Germany’s biggest airline, that caused the cancelation of 1,000 flights.
Lufthansa welcomed the ruling by the state labor court in Frankfurt but said that a special, reduced timetable it had drawn up for the day would remain in place. It said that largely normal services would be resumed on Thursday.
The pilots’ union, Vereinigung Cockpit, has been calling regular short-term strikes in the long-running labor dispute, which comes as Lufthansa restructures to meet increasing competition from Gulf airlines. The pilots want the airline to keep making transition payments for those seeking early retirement.
The court found that the union’s aims went beyond that demand, to exerting more influence on Lufthansa’s new low-cost operation, making the strike illegal, news agency dpa reported.
Vereinigung Cockpit began its strike on long-haul flights Tuesday, forcing the cancellation of 90 flights, and extended the walk-out to medium-and short-haul flights Wednesday.
Union spokesman Markus Wahl told n-tv television after the ruling that it had told pilots to be available for work immediately. Wednesday’s ruling overturned one by a lower court on Tuesday that went in the union’s favor.
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Kentucky court session planned in former women's coach case
Court News |
2015/09/07 18:06
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A pretrial conference is planned in the case of a former college women's basketball coach accused of groping a player.
The session has been scheduled for Tuesday morning in a Kenton County court for Bryce McKey. McKey's attorney has entered a not-guilty plea for him on a charge of third-degree sexual abuse, a misdemeanor.
Hours after his arraignment Aug. 14, the University of Maryland announced that he had resigned as an assistant women's basketball coach.
According to a sworn affidavit, a player McKey coached as an assistant at Xavier said McKey asked her to come to his home in Covington, Kentucky, in May. She said during the evening, he repeatedly touched her inappropriately.
McKey has been ordered to stay away from her, and from Xavier's campus and events.
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