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High court limits seizure of assets from drug conspiracies
Court Watch |
2017/06/06 22:49
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The Supreme Court is limiting the government's ability to seize assets from people who are convicted of drug crimes but receive little of the illegal proceeds.
The justices ruled Monday that a Tennessee man convicted for his role selling iodine water purification filters to methamphetamine makers does not have to forfeit nearly $70,000 in profits.
Terry Honeycutt helped sell more than 20,000 filters at his brother's hardware store. Prosecutors said the brothers knew the iodine was used by local meth cooks.
Honeycutt's brother pleaded guilty and forfeited $200,000 of the $270,000 in profits. But Honeycutt argued he wasn't responsible for the rest since he didn't personally see any profits.
A federal appeals court ruled against Honeycutt, saying everyone who joins a drug conspiracy can be required to give up profits.
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In one state, abused animals get a legal voice in court
Court Watch |
2017/06/03 18:07
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Many states have victim's advocates or child advocates, people in the judicial system who represent those affected by crime or abuse. Now, one state has created legal advocates for abused animals, an experiment being watched across the nation for signs of success.
There are eight approved volunteer advocates across Connecticut — seven lawyers and a UConn law professor, working with her students. It's up to a judge to decide whether to appoint one, but they can be requested by prosecutors or defense attorneys. In the first six months of the law, advocates have been appointed in five cases.
"Every state has the problem of overburdened courts that understandably prioritize human cases over animal cases in allocating resources," said University of Connecticut professor Jessica Rubin, a specialist in animal law. "Here's a way to help."
The American Kennel Club, though, opposed the legislation, saying it could result in confusion over who is responsible for an animal and limit the rights of animal owners, including in cases in which someone else is charged with the abuse.
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Playboy model who shot nude of unwitting woman due in court
Court Watch |
2017/05/23 22:50
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A Playboy centerfold who ignited a backlash of criticism when she secretly snapped a photo of a naked 71-year-old woman in a locker room and posted it online mocking the woman's body is expected to appear in court Wednesday to resolve a criminal charge.
Dani Mathers is planning to show up at a hearing in Los Angeles County Superior Court on a misdemeanor charge of invasion of privacy, her lawyer said.
Mathers, 30, has apologized for taking the photo at an LA Fitness club in July and posting it on Snapchat with the caption: "If I can't unsee this then you can't either."
The posting was accompanied by a selfie of Mathers in a tank top with her hand over her mouth as if she's gasping in horror.
The 2015 Playmate of the Year was roundly criticized for the so-called body shaming incident. Mathers said she intended to send the photo privately to a friend and accidentally posted it publicly.
Defense lawyer Dana Cole argued unsuccessfully that the charge should be dismissed because the woman in the photo can't easily be identified.
The victim, who has not been named, is expected to testify if the case goes to trial, said Rob Wilcox, a spokesman for the Los Angeles city attorney.
Cole said he's hoping to work out a settlement Wednesday. He said prosecutors want a guilty plea and community service on a highway crew. Wilcox said no plea deal has been offered.
Deputy City Attorney Chadd Kim did not return phone and email messages seeking comment, but in court papers said Mathers had shown no remorse and needed to face consequences for her "cruel and criminal act."
The defense has argued for a more lenient outcome, saying in court papers that Mathers has already lost modeling work and a job as a radio host. They have recommended she use her notoriety to bring attention to the issue of body shaming.
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Ohio Supreme Court justice backs legalizing marijuana
Court Watch |
2017/05/21 13:23
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An Ohio Supreme Court justice who’s mulling a run for governor thinks it’s time for the state to decriminalize marijuana.
Justice William O’Neill, the lone Democrat holding an Ohio statewide office, said making marijuana legal is working in Colorado and doing it in Ohio would bring hundreds of millions of dollars in sales taxes.
O’Neill announced earlier this year that he’s considering stepping down and making a run for governor, but he doesn’t plan on making a decision until the end of the year.
In a speech mixed with his analysis of last year’s presidential election and thoughts about problems facing the state, O’Neill said he not only wants to legalize marijuana but also release all non-violent marijuana offenders from prison.
Doing those two things would generate an estimated $350 million to both combat drug addiction and create a mental health network run by the state, he told members of the Wayne County Democratic Party on Friday night.
“The time has come for new thinking,” O’Neill said in his prepared remarks. “We regulate and tax alcohol and tobacco and imprison people for smoking grass.”
He said the Democratic Party needs new ideas in 2018 if it wants to knock off Republicans who control all branches of Ohio government.
O’Neill wants to see the Ohio Department of Mental Health re-open the network of state hospitals that were closed decades ago and change how the state deals with addiction.
“Treat addiction like the disease it is in the name of compassion,” he said.
There’s already a crowded field lining up on both sides of the governor’s race.
For the Democrats, Dayton Mayor Nan Whaley, former U.S. Rep. Betty Sutton, former state Rep. Connie Pillich and state Sen. Joe Schiavoni are making runs.
The field on the Republican side includes U.S. Rep. Jim Renacci and Secretary of State Jon Husted while Lt. Gov. Mary Taylor and Attorney General Mike DeWine are widely expected to seek the GOP nomination.
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Effort to block Confederate statue's removal goes to court
Court Watch |
2017/05/11 05:06
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A last-ditch effort to block the removal of a monument to a Confederate general in New Orleans has landed in court.
At issue before state Judge Kern Reese on Wednesday was whether the city owns the monument honoring Confederate Gen. P.G.T. Beauregard. The statue is located at the entrance to New Orleans City Park. Those who don't want it removed are arguing that it belongs to a park board, and therefore the city has no authority to remove it.
The statue is one of three monuments to Confederate leaders slated for removal in New Orleans. A fourth, the Liberty Place monument, was removed in the dead of night without advance notice last month due to threats of violence.
That monument honored a rebellion by whites who battled a biracial Reconstruction-era government in New Orleans. |
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Austrian court: ex-Croatian general guilty of embezzlement
Court Watch |
2017/04/19 06:57
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An Austrian court has found a former Croatian general guilty of embezzling millions of euros and sentenced him and an associate to two years in prison.
The court in the southern city of Klagenfurt determined Wednesday that the ex-general, Vladimir Zagorec, and Guenter Striedinger were involved in diverting loans from the now-defunct Hypo Alpe Adria Bank. Striedinger was a bank board member.
Judge Michaele Sanin said the damages caused by the two amounted to over 17 million euros ( $18 million.)
The bank was nationalized to prevent bankruptcy in 2009 and its assets are being sold to pay off creditors.
Lawyers for both men say they are appealing the verdict and sentence.
A third man whom the court did not name also was found guilty and given a suspended prison term.
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Newest justice joins high court amid competing caricatures
Court Watch |
2017/04/13 15:37
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Somewhere between the Republican caricature of the next justice of the Supreme Court as a folksy family guy and the Democrats' demonization of him as a cold-hearted automaton, stands Neil Gorsuch.
Largely unknown six months ago, Gorsuch has seen his life story, personality and professional career explored in excruciating detail since he was nominated by President Donald Trump 10 weeks ago.
The portrait that emerges is more nuanced than the extremes drawn by his supporters and critics.
Gorsuch is widely regarded as a warm and collegial family man, boss and jurist, loyal to his employees and kind to those of differing viewpoints. He also has been shown to be a judge who takes such a "rigidly neutral" approach to the law that it can lead to dispassionate rulings with sometimes brutal results.
Four times during his confirmation hearings, Gorsuch invoked a "breakfast table" analogy, telling senators that good judges set aside what they have to eat — and their personal views — before they leave the house in the morning to apply the law and nothing else to the facts of the cases at hand. It was all part of Gorsuch's artful effort to reveal as little as possible of his own opinions. |
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