Legal Business 2019/07/23 10:02
Court logs show a Louisiana district court judge ordered a man's mouth be taped shut for repeatedly interrupting proceedings.
The Acadiana Advocate reports Michael C. Duhon was being sentenced July 18 for theft and money laundering.
Court minutes show Duhon objected when Judge Marilyn Castle asked him to stop submitting motions on his own behalf instead of through his attorney. After repeatedly requesting for Duhon to be quiet, Castle ordered the bailiff to tape Duhon's mouth shut.
The tape was removed after an objection from Duhon's public defense attorney, Aaron Adams, who requested the judge remove his client from the courtroom instead.
Castle sentenced Duhon to 11 years in prison and recommended he be transferred to a facility with mental health treatment options.
Another public defender in the courtroom faces contempt charges for recording the incident.
Legal Business 2019/07/17 10:05
A Pennsylvania appeals court on Wednesday overturned rapper Meek Mill’s conviction in a drug and gun case that has kept the rapper on probation for a decade and made him a celebrity crusader for criminal justice reform.
The unanimous three-judge panel said that new evidence that undermines the credibility of the officer who testified against the rapper at his trial made it likely he would be acquitted if the case were retried.
City prosecutors have backed the defense bid for a new trial and confirmed they do not trust the officer, who has since left the force and was the only prosecution witness at the 2008 nonjury trial. Still, District Attorney Larry Krasner said Wednesday his office needs time to decide whether to drop the case.
The 32-year-old performer, born Robert Rihmeek Williams, is now free of the court supervision he’s been under most of his adult life. Williams has said he had trouble notifying probation officers about his travels as required because of the erratic nature of the music industry. A little more than a year ago, he spent five months in prison over technical violations of his parole.
“The past 11 years have been mentally and emotionally challenging, but I’m ecstatic that justice prevailed,” Williams said in a statement. “Unfortunately, millions of people are dealing with similar issues in our country and don’t have the resources to fight back like I did. We need to continue supporting them.”
Reginald Graham, the officer who wrote the search warrant in Williams’ case and testified at his trial, left the Philadelphia Police department a few years ago after an internal probe found he had stolen money and then lied about it.
Graham testified at trial that Williams pointed a gun at him during his 2007 arrest outside his southwest Philadelphia home. Williams, who was 19 at the time, has denied pointing a gun at police.
Court News 2019/07/11 14:08
President Donald Trump lost a major Twitter fight Tuesday when a federal appeals court said that his daily musings and pronouncements were overwhelmingly official in nature and that he violated the First Amendment whenever he blocked a critic to silence a viewpoint.
The effect of the 2nd U.S. Circuit Court of Appeals decision is likely to reverberate throughout politics after the Manhattan court warned that any elected official using a social media account “for all manner of official purposes” and then excluding critics violates free speech.
“The government is not permitted to ‘amplify’ favored speech by banning or burdening viewpoints with which it disagrees,” the appeals court said.
Because it involved Trump, the ruling is getting more attention than a January decision by the 4th U.S. Circuit Court of Appeals that found a Virginia politician violated the First Amendment rights of one of her constituents by blocking him from a Facebook page.
Still, the appeals court in New York acknowledged, not every social media account operated by a public official is a government account, and First Amendment violations must be considered on a case-by-case basis.
“The irony in all of this is that we write at a time in the history of this nation when the conduct of our government and its officials is subject to wide-open, robust debate,” Circuit Judge Barrington D. Parker wrote on behalf of a three-judge panel.
The debate generates a “level of passion and intensity the likes of which have rarely been seen,” the court’s decision read.
“This debate, as uncomfortable and as unpleasant as it frequently may be, is nonetheless a good thing,” the 2nd Circuit added. “In resolving this appeal, we remind the litigants and the public that if the First Amendment means anything, it means that the best response to disfavored speech on matters of public concern is more speech, not less.”
The Department of Justice is disappointed by the ruling and is exploring possible next steps, agency spokesperson Kelly Laco said.
Lawyer Blog Post 2019/07/09 14:10
A federal appeals court threw out a lawsuit accusing President Donald Trump of illegally profiting off the presidency through his luxury Washington hotel, handing Trump a significant legal victory Wednesday.
A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously overturned the ruling of a federal judge in Maryland who said the lawsuit could move forward.
The state of Maryland and the District of Columbia sued in 2017, claiming Trump has violated the emoluments clause of the Constitution by accepting profits through foreign and domestic officials who stay at the Trump International Hotel. The case is one of three that argue the president is violating the provision, which prohibits federal officials from accepting benefits from foreign or state governments without congressional approval.
In the case before the 4th Circuit, the court found the two jurisdictions lack standing to pursue their claims against the president, and granted a petition for a rare writ of mandamus, directing U.S. District Court Judge Peter Messitte to dismiss the lawsuit.
Trump heralded the decision in a tweet, saying, "Word just out that I won a big part of the Deep State and Democrat induced Witch Hunt." Trump tweeted that he doesn't make money but loses "a fortune" by serving as president.
Legal Business 2019/07/07 14:18
A Florida appellate court ruled that the state's approach to regulating marijuana is unconstitutional, possibly allowing more providers to jump into a market positioned to become one of the country's most lucrative.
If the ruling stands, it could force state officials to lift existing caps on how many medical marijuana treatment centers can operate in Florida.
Tuesday's ruling by the 1st District Court of Appeal in Tallahassee was another setback for Florida officials trying to regulate the burgeoning marijuana industry more tightly. It mostly affirmed a lower court's ruling that the caps and operational requirements violated the voter-approved constitutional amendment legalizing medical marijuana in 2016.
Ever since, the law has been a subject of debate in the legislature and courts. It was unclear whether Florida officials would appeal the ruling.
Florida now has more than 240,000 people registered with the state to legally use medicinal marijuana, according to the Office of Medical Marijuana Use. They are served by 142 dispensaries across the state, the majority operated by about a half-dozen medical marijuana treatment centers that grow their own crop, process it and sell it ? a business model known as vertical integration.
That business model and the limited number of treatment centers were points of contention for Tampa-based Florigrown, which sued the state after being denied a license.
Attorney News 2019/07/04 14:20
An appeals court will hear arguments Tuesday on whether Congress effectively invalidated former President Barack Obama’s entire signature health care law when it zeroed out the tax imposed on those who chose not to buy insurance.
It’s unclear when the three-judge panel of the 5th U.S. Circuit Court of Appeals panel will rule in a case that appears destined for the Supreme Court, which has reviewed the law, and its coverage and insurance protections for millions of Americans, before. The ultimate outcome will affect protections for people with pre-existing conditions, Medicaid expansions covering roughly 12 million people, and subsidies that help about 10 million others afford health insurance.
Tuesday’s arguments are the latest in a lawsuit filed by Republican officials in 18 states, led by the Texas Attorney General’s Office. It was filed after Congress ? which didn’t repeal the law, despite pressure from President Donald Trump ? reduced to zero the unpopular tax imposed on those without insurance.
In challenging the law anew, “Obamacare” opponents noted the 2012 ruling of a divided Supreme Court that upheld the law. Conservative justices had rejected the argument that Congress could require everyone to buy insurance under the Constitution’s interstate commerce clause. But Chief Justice John Roberts, joining four liberal justices, said Congress did have the power to impose a tax on those without insurance.
With no tax penalty now in effect, the Texas lawsuit argues, the individual mandate is unconstitutional and the entire law must fall without it. Texas-based U.S. District Judge Reed O’Connor agreed in a December ruling. The law’s supporters appealed.
In addition to the 18 states, two individual taxpayers are part of the lawsuit. The Trump administration is not defending the law and has filed arguments in favor of O’Connor’s ruling.
California’s attorney general represents a coalition of mostly Democratic-led states and the District of Columbia seeking to overturn O’Connor’s ruling and uphold the law. The House of Representatives has joined them. Among the arguments by the law’s supporters: Those who filed suit have no case because they aren’t harmed by a penalty that doesn’t exist; the reduction of the tax penalty to zero could be read as a suspension of the tax, but the tax’s legal structure still exists; and that, even if the individual mandate is now unconstitutional, that does not affect the rest of the law known as the Affordable Care Act.