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Court: Ignorance about allergy medicine crime no excuse
Business |
2017/06/11 23:48
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Just because a man previously convicted of methamphetamine-related crimes didn't know it was now illegal for him to buy over-the-counter allergy medicine given his criminal history doesn't mean his rights were violated, a divided North Carolina Supreme Court ruled Friday.
A majority of the seven justices reversed a lower appeals court decision overturning the conviction of Austin Lynn Miller for buying one box of capsules at a Walmart in Boone in early 2014, barely a month after an expanded purchase prohibition law took effect.
Miller was barred from buying anything beyond minuscule amounts of the medicine because it contained pseudoephedrine, which can be used to make meth, due to his 2012 convictions on possession of meth and keeping a car or house to sell controlled substances.
A jury convicted Miller for possessing the allergy medicine. He received a suspended sentence with probation.
State law already required the nonprescription medicine to be kept behind the counter and mandated electronic record keeping to monitor whether a meth lab was buying up the drugs. Often purchasers follow screen prompts saying they understand buying the medicines in large quantities or too frequently is illegal.
Miller's lawyer argued his client's due process rights were violated because he had no knowledge the purchasing law had changed in December 2013 and that he didn't intend to violate the law. There were no signs in pharmacies about the changes, either, the attorney said.
A three-judge panel of the Court of Appeals ruled unanimously in March 2016 the law was unconstitutional as it applied to a convicted felon like Miller who failed to receive notice from the state that their "otherwise lawful conduct is criminalized" unless there's other proof the person knew about the law.
State attorneys argued that Miller's ignorance of the law was no excuse and that it was his intentional action of purchasing the medicine that led to the crime.
Writing the majority opinion, Justice Sam Ervin IV sided with the state and rejected Miller's arguments that the retail purchase was an innocuous act that raised no alarms about whether he was breaking the law.
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Court bars release of videos made by anti-abortion group
Business |
2017/04/01 13:45
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A federal appeals court on Wednesday barred the release of videos made by an anti-abortion group whose leaders are facing felony charges in California accusing them of recording people without permission in violation of state law.
The 9th U.S. Circuit Court of Appeals upheld a lower court ruling blocking the recordings made by the Center for Medical Progress at meetings of the National Abortion Federation, an association of abortion providers.
The Center for Medical Progress previously released several secretly recorded videos that it says show Planned Parenthood employees selling fetal tissue for profit, which is illegal. Planned Parenthood said the videos were deceptively edited to support false claims.
The videos stoked the American abortion debate when they were released in 2015 and increased Congressional heat against Planned Parenthood that has yet to subside.
It's not clear what's on the bulk of the recordings the group made at National Abortion Federation meetings.
A leader of the Center for Medical Progress, David Daleiden, said in a statement that the 9th Circuit was preventing the release of footage of Planned Parenthood leadership discussing criminal conduct at the meetings and its ruling was an attack on the First Amendment. |
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Polish court issues arrest warrant for US man in Nazi case
Business |
2017/03/12 13:43
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A court in eastern Poland has issued an arrest warrant for a Minnesota man sought in a Nazi massacre, opening the way for Poland to seek his extradition from the United States.
The Associated Press had previously identified the man as 98-year-old Michael Karkoc, an ex-commander in an SS-led unit that burned Polish villages and killed civilians in World War II.
Earlier this week, prosecutors said evidence shows that American citizen Michael K. was a commander of a unit in the SS-led Ukrainian Self Defense Legion that raided Polish villages. They sought an arrest warrant from a court in eastern Poland.
Judge Dariusz Abamowicz said Wednesday the court has issued a warrant after concluding that there is "high probability" the suspect committed war crimes listed by the prosecutors.
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High court ruling could reshape Virginia political map
Business |
2017/03/01 10:09
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A U.S. Supreme Court decision reviving a challenge to several Virginia legislative districts could send lawmakers back to the drawing board, but Republicans say they are confident the state's current electoral map will withstand further scrutiny.
The justices on Wednesday tossed out a ruling that upheld 11 districts in which African-Americans made up at least 55 percent of eligible voters and ordered the lower court to re-examine the boundaries. The lawsuit accused lawmakers of illegally packing black voters into certain districts to make surrounding districts whiter and more Republican.
Democrats say they're certain the lower court will find the districts unconstitutional and force lawmakers to redraw them. Marc Elias, an attorney for the Virginia voters who brought the case, said they will push for that to happen before the November elections.
"It's important that the people of the Commonwealth don't have to have another election using unconstitutional district lines, and we will move forward as quickly as possible to make sure we have constitutional and fair lines in place for the 2017 elections," Elias said.
The top Republican in the Virginia House, however, said he's confident that the current boundaries will stand.
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Aaron Hernandez expected in court as murder trial nears
Business |
2017/01/15 17:43
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Former NFL star Aaron Hernandez is expected in a Boston courtroom for a pretrial hearing in his upcoming double murder trial.
Hernandez is accused of killing two men he encountered at a Boston nightclub in 2012. Prosecutors say the former New England Patriots tight end followed the men and opened fire on their car at a stop light after one of them accidentally bumped into Hernandez and spilled his drink.
Hernandez is due in Suffolk Superior Court Thursday, when a judge is expected to hear arguments on defense motions. Hernandez's trial is scheduled to begin next month.
Hernandez has pleaded not guilty. He's already serving a life sentence in the 2013 killing of semi-professional football player Odin Lloyd.
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Former Haitian rebel leader due in US court on drug charges
Business |
2017/01/02 13:41
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A former Haitian rebel leader who was recently elected senator in Haiti has been brought to the U.S. to face longstanding federal drug trafficking charges.
Court records show that Guy Philippe is to make his initial appearance Friday afternoon in Miami federal court. Philippe was flown to the U.S. following his arrest Thursday in the Haitian capital while he appeared on a live radio show.
Philippe faces several drug trafficking charges including conspiracy to import cocaine into the U.S. He has long maintained his innocence and blamed the accusations on political enemies.
Philippe was recently elected to the Haitian Senate. A former police chief, Philippe was a key part of a 2004 uprising that ousted then-President Jean-Bertrand Aristide. It wasn't immediately clear if Philippe is represented by a U.S. lawyer.
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Ohio's high court dismisses media lawsuit over bodycam video
Business |
2016/12/21 14:03
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The Ohio Supreme Court dismissed a public information lawsuit Tuesday without ruling on its argument that video from police body cameras are public record and should be released on request.
In not taking up the issue, the court noted that the video had already been released — two days after news organizations requested the footage in the July 19, 2015, traffic stop and fatal shooting of a black motorist by a white University of Cincinnati officer.
News organizations including The Associated Press sued Hamilton County Prosecutor Joe Deters last year when he initially refused to release the police bodycam video. Deters released the material after the officer was indicted on charges including murder.
In Tuesday's ruling, Justice Judith Ann Lanzinger wrote that the prosecutor was entitled to review the video first to determine whether any information had to be redacted; she noted that Deters produced the footage six days after he received it.
"We conclude that he responded in a reasonable period of time," she said.
Deters said he was pleased with the decision, saying "it lets the prosecutor do his job to investigate cases before material is released to the media potentially jeopardizing future prosecution."
Attorney Jack Greiner, representing the media groups, called it a narrow decision with little precedent-setting value. He noted it doesn't affect a Dec. 6 ruling by the state Supreme Court that said video footage from police cruiser dash cameras is public record that, with some exceptions, should be promptly released upon request. |
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