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Court to weigh cocaine cases, could alter sentencing in Ohio
Court News |
2016/02/10 12:41
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Prosecutors across Ohio are concerned that a ruling under review by Ohio's top court could delay and shorten sentences for suspects caught with cocaine and force costly changes upon law enforcement.
The state Supreme Court will hear arguments Tuesday on whether to uphold an appeals court decision calling into question how prosecutors have handled cocaine cases for years. It all comes eastdown to weight.
A state appeals court in Toledo ruled last year prosecutors should have determined how much pure cocaine a suspect arrested in a drug sting had with him or her instead of sentencing him based on the weight of the entire amount.
The appeals court ruled that Ohio's drug laws say that what matters is the weight of the cocaine only ? not filler material such as baking soda that's often added by drug dealers to stretch out their supply and increase profits.
Prosecutors along with the state Attorney General's office argue that such a narrow interpretation creates a new distinction for cocaine that isn't applied to any other illegal drugs.
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Supreme Court puts Obama's climate change plan on hold
Court News |
2016/02/10 12:41
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A divided Supreme Court agreed Tuesday to halt enforcement of President Barack Obama's sweeping plan to address climate change until after legal challenges are resolved.
The surprising move is a blow to the administration and a victory for the coalition of 27 mostly Republican-led states and industry opponents that call the regulations "an unprecedented power grab." By temporarily freezing the rule the high court's order signals that opponents have made a strong argument against the plan. A federal appeals court last month refused to put it on hold.
The court's four liberal justices said they would have denied the request. The plan aims to stave off the worst predicted impacts of climate change by reducing carbon dioxide emissions at existing power plants by about one-third by 2030. Appellate arguments are set to begin June 2. The compliance period starts in 2022, but states must submit their plans to the Environmental Protection Administration by September or seek an extension.
Many states opposing the plan depend on economic activity tied to such fossil fuels as coal, oil and gas. They argued that power plants will have to spend billions of dollars to begin complying with a rule that may end up being overturned.
Implementation of the rules is considered essential to the United States meeting emissions-reduction targets in a global climate agreement signed in Paris last month. The Obama administration and environmental groups also say the plan will spur new clean-energy jobs.
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Florida asks court to deny inmate's execution-delay request
Court News |
2016/01/11 00:18
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Florida has asked the state's high court to reject a condemned inmate's request to delay his execution based on the U.S. Supreme Court's finding that Florida's procedure for imposing the death penalty is illegal.
In a brief filed Thursday, Florida Attorney General Pam Bondi's office said the U.S. Supreme Court's finding should not be applied retroactively to already-settled death penalty cases.
Ruling on the Hurst v. Florida case Tuesday, the nation's highest court ruled 8-1 that Florida's procedure is flawed because it allows judges, not juries, to decide death sentences.
Attorneys for convicted killer Michael Lambrix cited the ruling in their request for a new sentencing hearing for him.
Lambrix is scheduled to be executed by lethal injection on Feb. 11.
It wasn't clear when the court would rule.
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Court turns down appeal for Harvey family killer
Court News |
2015/12/25 17:03
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A federal appeals court won't rehear the case of a man sentenced to death in the New Year's Day 2006 slaying of a Richmond family.
Lawyers for Ricky Jovan Gray had asked the 15-member U.S. Circuit Court of Appeals to rehear claims that were rejected by a three-judge panel two weeks ago. The court rejected Gray's request on Tuesday.
Rob Lee, an attorney for Gray, says he now intends to ask the U.S. Supreme Court to review the case.
Gray was convicted in the slayings of Bryan and Kathryn Harvey and their daughters, 9-year-old Stella and 4-year-old Ruby.
The 38-year-old claims his trial attorneys failed to present evidence that might have cast doubts on his confession and by not telling jurors that he was high on PCP during the murders.
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Japan court gives go-ahead for restart of 2 nuke reactors
Court News |
2015/12/24 17:03
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A Japanese court gave the go-ahead for the restart of two nuclear reactors Thursday after its operator said in an appeal they were safe.
The Fukui District Court in western Japan lifted an April injunction that was filed by a group of residents who said that a massive earthquake exceeding the facility's quake resistance could cause a disaster similar to the Fukushima crisis following the March 2011 quake and tsunami.
The order paves the way for a resumption of the Takahama No. 3 and No. 4 reactors, operated by the Kansai Electric Power Co.
The operator had already obtained approval of the safety regulators, and town and prefectural leaders expressed their support for a restart this month, just in time for the ruling. Two of Japan's 43 reactors are currently back online.
Thursday's decision minimizes the delay for the Takahama reactors, which had been set for restart late this year.
The utility plans to go ahead with loading fuel rods into the No. 3 reactor within days, and go through final safety checks before putting the reactor back online late January.
Takahama reactors could be a third and fourth to restart, while prospects for a fifth one, the Ikata reactor in Shikoku, southwestern Japan, are uncertain due to strong local opposition over evacuation plans in case of an emergency.
Prime Minister Shinzo Abe's pro-business government wants to restart as many reactors as possible. The government says nuclear energy should remain key for resource-poor Japan. Abe is also pushing to export Japan's nuclear technology and recently signed a nuclear agreement with India.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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