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Ohio's high court dismisses media lawsuit over bodycam video
Court Line News | 2016/12/21 14:23
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.


High court turns away appeal from former AIG executives
Court Line News | 2016/12/20 14:26
The Supreme Court won't hear an appeal from two former American International Group executives seeking to avoid civil fraud claims on charges they hid hundreds of millions of dollars in losses from investors.

The justices on Monday let stand a lower court ruling that said former chief executive officer Maurice Greenberg and former chief financial officer Howard Smith must stand trial.

executives of manipulating AIG's accounting records to hide hundreds of millions of dollars in losses from investors.

The state seeks an order banning Greenberg from working in the securities industry or as an executive for any public company. It also is seeking $53 million, including bonuses Greenberg received during the period he is alleged to have manipulated the company's finances.

Greenberg was seen at Trump Tower in New York on Monday. He did not stop to speak with the press.


US Supreme Court could hear Charleston company, Lexmark case
Court Line News | 2016/12/03 13:20
A small Charleston company that refills and resells empty toner cartridges could soon be defending itself before the U.S. Supreme Court in a dispute that could affect huge tech companies and pharmaceutical firms.

Lexmark, a Lexington, Kentucky-based printing corporation, sued Impression Products, accusing the company of patent infringement for selling its cartridges, The Charleston Gazette-Mail reported.

At issue is what is known as the first-sale doctrine, a principle limiting a patent holder's rights after a product has been sold once.

Impression Products argued Lexmark's patents on its cartridges are no longer effective after the cartridges are sold, allowing the smaller company to sell them freely. Lexmark cartridges can cost up to hundreds of dollars, and Impression Products sells used ones at a lower price.

In February, a federal court sided with Lexmark, saying the corporation's patent rights weren't exhausted, regardless of whether the cartridges were being purchased from U.S. or foreign suppliers — Impression Products has purchased toner cartridges from Canadian suppliers in the past.

Last month, the federal government recommended the Supreme Court review the case.

Impression Products President Eric Smith explained that while this doesn't guarantee that the justices will review the case, it sharply increases the probability of it happening.

The implications of the case go beyond ink cartridges, as Samsung and Google have backed Impression Products' argument. The tech giants operate foreign supply chains that would have to jump through additional hoops if the first-sale doctrine did not apply for foreign purchases. Pharmaceutical companies such as Pfizer have supported Lexmark, with a Lexmark victory likely giving their own patents greater protection.



ICC prosecutors: US forces may have committed war crimes
Court Line News | 2016/11/14 12:40
U.S. troops and CIA agents could face investigation and possible charges by the International Criminal Court after its chief prosecutor said in a report that they may have committed war crimes by torturing detainees in Afghanistan.

"Members of US armed forces appear to have subjected at least 61 detained persons to torture, cruel treatment, outrages upon personal dignity on the territory of Afghanistan between 1 May 2003 and 31 December 2014," according to the report issued late Monday by Prosecutor Fatou Bensouda's office. Bensouda didn't immediately give any for further comment Tuesday.

The report added that CIA operatives may have subjected at least 27 detainees in Afghanistan, Poland, Romania and Lithuania to "torture, cruel treatment, outrages upon personal dignity and/or rape" between December 2002 and March 2008.

Most of the alleged abuse happened in 2003-2004, the report said, adding that Afghan government forces and the Taliban were also responsible for atrocities.

Prosecutors said they will decide "imminently" whether to seek authorization to open a full-scale investigation in Afghanistan that could lead to war crimes charges.

Param-Preet Singh, associate international justice director at Human Rights Watch, welcomed the publication Tuesday.


Delaware County creates domestic violence court
Court Line News | 2016/11/08 12:40
The Indiana Supreme Court has approved the creation of a domestic violence court in Delaware County.

Delaware County Prosecutor Jeffrey Arnold tells The (Muncie) Star Press all felony domestic battery cases now will be filed in Delaware Circuit Court 1, where Judge Marianne Vorhees presides.

Arnold says the judge volunteered to create the domestic violence court. He says when one judge brings a lot of expertise to a legal area, it creates consistency.

Arnold recently has added a deputy prosecutor, an investigator and a victim advocate to deal exclusively deal with domestic violence cases.

Arnold says Vorhees will continue to preside over other types of criminal cases.


Court fight over Ohio executions likely to focus on sedative
Court Line News | 2016/10/03 22:42
Ohio says it's resuming executions in January with a three-drug protocol similar to one it used for several years.

The concept is one adopted for decades by many states: the first drug sedates inmates, the second paralyzes them, and the third stops their hearts.

The key difference comes with the first drug the state plans to use, midazolam (mih-DAY'-zoh-lam), which has been challenged in court as unreliable.

The state argues that a planned dose of 500 milligrams will ensure that inmates are properly sedated.

Defense attorneys say it's unclear what a much bigger dose would achieve.

Last year, the U.S. Supreme Court ruled 5-4 that midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.



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