US appeals court hears arguments in ND hemp case
Legal Topics | 2008/11/13 23:09
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.



Wisconsin court says 1985 killer should be freed
Areas of Focus | 2008/11/13 23:08
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.



Appeals court clears way for Rep. Jefferson trial
Areas of Focus | 2008/11/12 23:09
A federal appeals court upheld bribery and other charges against Louisiana Democratic U.S. Rep. William Jefferson on Wednesday, clearing the way for a trial.

Jefferson, who cruised to victory in a primary last week and is expected to easily win re-election, had sought to dismiss a 16-count indictment charging him with taking bribes, laundering money and misusing his congressional office for business dealings in Africa.

A three-judge panel of the 4th U.S. Circuit Court of Appeals rejected Jefferson's claims that a federal grand jury received evidence that violated his constitutional right to legislative immunity.

Jefferson's attorneys argued that three staffers should not have been allowed to tell the grand jury about Jefferson's relationships with African leaders and his knowledge about West African nations because those activities were part of his legislative duties.

Jefferson could further delay a trial by appealing to the U.S. Supreme Court. A telephone message was left Wednesday with his attorney, Robert P. Trout.

Prosecutors contend Jefferson used his influence as chairman of the congressional Africa Investment and Trade Caucus to broker deals in Nigeria, Ghana, Cameroon and other African nations on behalf of those who bribed him.

The 2007 indictment alleges that Jefferson received more than $500,000 in bribes and demanded millions more between 2000 and 2005, including $90,000 he received from an FBI informant that was later found in the freezer of his Washington home. He has pleaded not guilty.

U.S. District Judge T.S. Ellis III had refused to dismiss the indictment, saying Jefferson was trying to apply the legislative immunity clause so broadly that it would be virtually impossible to charge a congressman with a crime.

Ellis "accorded Congressman Jefferson every substantive and procedural protection to which he was entitled," the appeals court judges wrote.

Jefferson's trial had been scheduled to begin in December, but has been postponed. If convicted of all charges, he faces up to 235 years in prison.

Meanwhile, Jefferson, 61, Louisiana's first black congressman since Reconstruction, faces a Dec. 6 election against little-known Republican, Anh "Joseph" Cao in his New Orleans-based district. The district's election was pushed back because of Hurricane Gustav.

Last week, he easily won a Democratic primary runoff against a former television reporter who argued that the scandal had obliterated the influence Jefferson built during 18 years in Congress.



Payday lending law violated constitution
Legal Topics | 2008/11/06 22:09
A 1999 state law allowing so-called payday lenders to charge high fees for short-term loans violates the state constitution, the Arkansas Supreme Court ruled Thursday.

In a 6-0 decision, the court said the fees permitted under the 1999 Check Cashers Act were really triple-digit interest rates. The state constitution limits interest rates on loans to 17 percent.

"Because that fee is in reality an amount owed to the lender in return for the use of borrowed money, we must conclude that the fees authorized clearly constitute interest," Justice Paul Danielson wrote.

Through a payday loan in Arkansas, a customer writing a check for $400, for example, typically would receive $350. The lender would keep the check for about two weeks before cashing it.

The customer could buy back the check for $350 during that two-week period, but otherwise would pay the full $400 when the company cashed his check. The $50 charge on a $350 loan for 14 days equates to 371 percent, well above Arkansas' usury limit.

Attorney Todd Turner, who represented the plaintiffs who challenged the Check Cashers Act, said the ruling means it will be impossible for payday lenders to operate in the state.

"It's great for all the Arkansas residents who have been paying 600 percent for these loans," Turner said.

Tom Hardin, attorney for the Arkansas Financial Services Association that sought to preserve the law, did not immediately return a call seeking comment.

Even before Thursday's ruling, the number of payday lenders in the state has dwindled in response to threats of lawsuits from Attorney General Dustin McDaniel. An advocacy group said in a report last month that the number of payday lenders operating in the state has dropped from 237 in March to just 33.

In its 6-0 decision, the court overturned a Pulaski County judge who last year ruled that the 1999 act was constitutional.



Hall & Oates sue in NY over `Maneater' recording
Legal Topics | 2008/11/05 22:10
Daryl Hall and John Oates have filed a lawsuit saying their music publisher failed to protect their rights to their 1982 hit "Maneater."

The pop duo's lawsuit says they learned in April 2007 that an unidentified singer-songwriter had used "Maneater" in a 2006 recording.

The papers, filed in Manhattan's state Supreme Court, claim Warner/Chappell Music Inc. breached its publishing contract with Hall and Oates by refusing "in bad faith" to sue for copyright infringement.

The singers seek unspecified money damages and want to terminate their agreement with Warner/Chappell.

A Warner/Chappell spokesman did not immediately return a call for comment on Thursday.

Hall and Oates' hits, which came mostly in the 1970s and '80s, also include "Rich Girl," "Private Eyes" and "I Can't Go for That (No Can Do)."



Court leaves NC campaign finance law untouched
Areas of Focus | 2008/11/05 22:09
North Carolina's system of publicly financed judicial campaigns remained intact Monday after the U.S. Supreme Court refused to hear a challenge over a provision for additional funds in expensive races.

The justices declined, without comment, to consider the constitutionality of a voluntary program passed by the Legislature and that took effect in 2004.

The program provides campaign money for state Supreme Court and Court of Appeals candidates if they agree to fundraising restrictions leading up to the general election. The decision came on the eve of an election in which all but two of the 13 candidates for those seats Tuesday participated in the program.

The decision leaves a federal lower court ruling in effect that upheld the law, which has been a model for other states, including New Mexico.

"This gives supporters of judicial public financing and public financing in general confidence and assurance that the long line of decisions (supporting) public financing ... are still the law of the land," said Paul Ryan, an attorney with the Washington-based Campaign Legal Center, whose group earlier filed a friend-of-the-court brief in support of the law.

Former Supreme Court candidate Rusty Duke and the North Carolina Right to Life Committee sued over the law in 2005, arguing it restricted free speech rights in cases where outside groups or nonparticipating candidates exceeded spending thresholds.



Court to decide on convict's right to test DNA
Legal Topics | 2008/11/03 22:09
The Supreme Court will decide whether, years after his conviction, a defendant has a constitutional right to test genetic evidence found at the crime scene.

The justices, in an order Monday, accepted the appeal of prosecutors in Alaska. They asked the court to overturn a federal appeals court ruling in favor of William Osborne, who was convicted of rape, kidnapping and assault in an attack on a prostitute in 1993.

The woman was raped at gunpoint, beaten with an ax handle, shot in the head and left for dead in a snow bank near the Anchorage International Airport.

Osborne admitted his guilt under oath to the parole board in 2004. Another man also convicted in the attack has repeatedly identified Osborne as having participated in the crimes. The testing would be done on a condom and hairs found by investigators.

The 9th U.S. Circuit Court of Appeals, based in San Francisco, said Osborne has a right to subject the evidence to advanced DNA testing that was not available at the time of his trial.

Forty-four states and the federal government have laws that give convicts access to DNA testing, but Alaska does not.

Osborne urged the court to reject the appeal, saying that because so many states have laws on the topic, it rarely arises in federal court.

Prosecutors argued that even if testing determines that the hairs and sperm are not Osborne's, other evidence introduced at his trial is sufficient to leave his conviction in place. That matter is not before the high court.



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