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CA man sentenced on drug charge in fed court in SD
Court Line News |
2014/02/28 14:59
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A California man has been sentenced in federal court in South Dakota for his role in a conspiracy to distribute marijuana.
U.S. Attorney Brendan Johnson says 29-year-old Brett McFarland, of Korbel, Calif., was sentenced to five years in prison to be followed by four years of supervised release.
McFarland pleaded guilty last November to a drug distribution conspiracy charge. A money laundering conspiracy charge was dropped.
Johnson says McFarland has agreed to forfeit to the government his interest in proceeds from the sale of property in Petrolia, Calif., that was bought with drug proceeds. |
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SC Supreme Court to rule on public autopsy reports
Court Line News |
2014/02/03 15:21
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South Carolina's Supreme Court will begin grappling with that question Wednesday, when it hears a lawsuit by a Sumter County newspaper against the county's coroner.
The Item newspaper wants the high court to toss out a lower court's ruling that said autopsies do not have to be made public because they do not fall under the state's Freedom of Information Act.
The coroner says autopsies should be considered medical records that are exempt from public view. The newspaper says autopsy reports are investigative tools, not medical records.
Open records advocates say the Sumter County case is an example of government officials making it harder to get public documents.
It's a debate that is far from settled nationally. About 15 states across the U.S. allow the public release of an autopsy report. About a half-dozen other states allow the release of reports not being used as part of a criminal investigation. The rest severely restrict what's released or don't give any information from the reports, according to the Reporters Committee for Freedom of the Press.
Keeping autopsy records secret closes off an important tool to make sure police agencies do the right thing when they investigate deaths, especially people shot and killed by officials or who die in custody, said Frank LoMonte, executive director of the Student Press Law Center.
"There is any number of cases over the years where journalist watchdogs have been able to shed light on suspicious circumstances only by having access on those records," LoMonte said. "And those records don't just show culpability, they can clear someone, too." |
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Supreme Court orders stay of execution
Court Line News |
2014/01/30 14:51
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The U.S. Supreme Court granted a temporary stay of execution for Missouri death row inmate Herbert Smulls on Tuesday night.
Justice Samuel Alito signed the order that was sent out after President Barack Obama's State of the Union speech, about two-and-a-half hours before Smulls was scheduled to die at 12:01 a.m. Wednesday.
Smulls' lawyer, Cheryl Pilate, had made last-minute pleas Tuesday to spare his life, focusing on the state's refusal to disclose from which compounding pharmacy they obtain the lethal-injection drug, pentobarbital. Missouri has argued the compounding pharmacy is part of the execution team _ and therefore its name cannot be released to the public.
Smulls, 56, was convicted and sentenced to death for killing a St. Louis County jeweler and badly injuring his wife during a 1991 robbery.
Pilate says the stay is temporary while the high court reviews the case, but she is hopeful the stay will become permanent. |
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Court refuses to reopen oyster farm case
Court Line News |
2014/01/16 14:24
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A federal appeals court has refused to reconsider a decision that shutters a popular Northern California oyster farm in the Point Reyes National Seashore.
The 9th U.S. Circuit Court of Appeals on Tuesday said it wouldn't appoint a special 11-judge panel to reconsider the ruling of a three-judge panel.
The three-judge panel ruled in September that the federal government had legal authority to deny Drakes Bay Oyster Co. a new lease so the waters of the Drakes Estero could be returned to wilderness.
The small oyster farm's last remaining legal option is to appeal to the U.S. Supreme Court. A lawyer for Drakes Bay didn't immediately return a phone call. |
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Odds against Alex Rodriguez in federal court
Court Line News |
2014/01/13 14:28
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The odds are against Alex Rodriguez in federal court as he tries to overturn his season-long drug suspension.
For the past five decades, the U.S. Supreme Court has set narrow grounds for judges to consider when evaluating lawsuits to overturn arbitration decisions. That position was reaffirmed in 2001 when it ruled against Steve Garvey in his suit against the Major League Baseball Players Association stemming from the collusion cases of the 1980s.
"I don't think he has very much of a chance," said Stanford Law School professor emeritus William B. Gould IV, the former chairman of the National Labor Relations Board. "There are many cases that are appealed from arbitration awards, but the case law at the Supreme Court level makes success very much a long shot."
The Joint Drug Agreement between Major League Baseball and the players' association gives the sport's three-person arbitration panel — the independent arbitrator plus one representative of management and the union — jurisdiction to review discipline resulting from violations. |
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Ind. Supreme Court to hear foul ball injury case
Court Line News |
2014/01/10 15:07
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The Indiana Supreme Court is taking up the case of a woman who wants to sue a minor-league baseball team over injuries she suffered when a foul ball struck her during a game.
The court was scheduled to hear oral arguments Thursday in Juanita DeJesus' effort to sue the Gary SouthShore RailCats over fractured facial bones and blindness in her left eye she says were caused by a ball striking her during a May 2009 game.
The Times of Munster reports DeJesus sued the RailCats' parent company in 2011 alleging it failed to install protective netting for spectators.
A local judge initially allowed her suit to proceed, but the Indiana Court of Appeals threw it out last year, ruling that foul balls' dangers are well-known to baseball fans. |
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