40-year sentence upheld for man who killed his roommate

Attorney News 2021/07/24 10:25   Bookmark and Share
Maine’s supreme court has upheld a 40-year prison sentence imposed on a man who killed his roommate in Old Orchard Beach.

Dustan Bentley pleaded guilty to murder in the death of 65-year-old William Popplewell, who was beaten, stabbed and strangled with a ligature.

Police arrested Bentley as he was attempting to use a ratchet and strap to pull the body into the trunk of his car, which was lined with a shower curtain. An autopsy revealed the victim suffered multiple broken bones and had been stabbed up to 30 times.

The Maine Supreme Judicial Court unanimously ruled that there was nothing in the record to indicate that the judge made a mistake.

“At no point did the court depart from sentencing principles or abuse its discretion in coming to or issuing its sentence,” the court said.

Bentley and Popplewell met at a Portland homeless shelter, and Bentley later moved into Popplewell’s apartment in Old Orchard Beach in December 2018. Popplewell was killed in March 2019.
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San Bernardino, California Criminal Defense Lawyers

Attorney News 2021/07/20 10:44   Bookmark and Share
At Bullard & Powell, we believe that every criminal case, just like the person being charged, is unique.

To that end, we do not view our cases as simply files to be worked on, but view them from the perspective of our clients.

We work closely with our clients to ensure the best possible result, with the highest level of service.

We view it as our responsibility to ease the stressful burden that comes with being accused of a crime.

We believe in personal, honest, one-on-one relationships with our clients. We only know one way to practice criminal defense and that is to treat every client as if they were our own family.

We handle a wide range of matters from DUI to white-collar crimes. San Bernardino Criminal Defense Law Firm. Each client can expect that any advice that is given and the service that is provided, would be the same advice and service that we would provide to our own family.
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Iowa’s high court stops lawsuit over farm runoff pollution

Attorney News 2021/06/18 13:44   Bookmark and Share
A sharply divided Iowa Supreme Court on Friday stopped a lawsuit aimed at reducing the flow of fertilizer and hog farm waste into the state’s river and streams, finding that limiting pollution from farms was a political matter and not one for the courts.

The 4-3 decision handed a significant defeat to environmental groups hoping to get the chance to prove that Iowa should scrap it’s voluntary farm pollution policy, order new mandatory limits on nitrogen and phosphorous pollution and stop construction of new hog barns.

It is the latest court rejection of an attempt to force the nation’s leading corn and pork producing state to clean up farm pollutants from its major rivers that provide drinking water to hundreds of thousands of Iowans.

The lawsuit, which was brought by Iowa Citizens for Community Improvement and Food & Water Watch, contended that unregulated farm pollution is violating the rights of citizens to clean water in the Raccoon River for recreational and drinking water use.

It said a legal concept that precedes Iowa statehood — the public trust doctrine — should apply to this case and require the state to ensure that citizens have a useable Raccoon River untainted by excess pollution caused by farm runoff of fertilizer and animal manure.

A state judge ruled in 2019 that the environmental groups sufficiently demonstrated that they suffered injury because the river’s untreated water is too polluted to enjoy recreationally or aesthetically. The state appealed the ruling and asked the court to dismiss the lawsuit.

Four of the court’s conservative justices said the environmental groups didn’t show that the state’s actions had caused a concrete injury the courts could fix. They also said the public trust doctrine historically hasn’t been used to solve a problem as complex as the environmental issues raised, and that the issues at the heart of the case were political questions that would fall to the Legislature to settle.

“There is not enough here to demonstrate that a favorable outcome in this case is likely to redress the plaintiffs’ alleged reduced ability to kayak, swim, or enjoy views of the Raccoon River, or would save them money on drinking water. The plaintiffs’ claims must therefore be dismissed for lack of standing,” Justice Edward Mansfield wrote for the majority.

He said the Des Moines Water Works would have better standing to sue, but he pointed out that the utility already did so and lost a 2017 federal court case that was also dismissed.

The utility filed a brief with the state Supreme Court saying it was pursuing the development of alternate sources of water but that its long-range plans involve the implementation of new treatment technologies that would cost customers tens of millions of dollars.
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British lawyer Karim Khan sworn in as ICC’s chief prosecutor

Attorney News 2021/06/16 10:54   Bookmark and Share
British lawyer Karim Khan was sworn in Wednesday as the new chief prosecutor for the International Criminal Court, pledging to reach out to nations that are not members of the court in his quest to end impunity for atrocities and to try to hold trials in countries where crimes are committed.

Khan, a 51-year-old English lawyer, has years of experience in international courts as a prosecutor, investigator and defense attorney. He takes over from Fatou Bensouda of Gambia, whose nine-year term ended Tuesday.

“The priority for me, and I believe that’s the principle of the Rome Statute, is not to focus so much on where trials take place, but to ensure that the quest for accountability and inroads on impunity are made,” Khan said, referring to the treaty that founded the court, in his first speech after taking his oath of office.

“The Hague itself should be a city of last resort,” he said. “Wherever possible, we should be trying to have trials in the country or in the region.”

Khan said he wanted to work with countries that are not among the court’s 123 member states to achieve justice. World powers the United States, Russia and China are not members and do not recognize the court’s jurisdiction.

“My conviction is that we can find common ground in the quest and in the imperative to ensure we eradicate genocide, crimes against humanity and war crimes,” Khan said.

Most recently, Khan led a United Nations team investigating atrocities in Iraq, telling the Security Council last month that he uncovered “clear and compelling evidence” that Islamic State extremists committed genocide against the Yazidi minority in 2014.

In the past, he has defended clients at international courts including former Liberian President Charles Taylor and Kenya’s Deputy President William Ruto. ICC prosecutors dropped charges against Ruto and President Uhuru Kenyatta of involvement in deadly post-election violence in their country.
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Trump plan to curb drug costs dealt setback in court

Attorney News 2020/12/23 13:06   Bookmark and Share
A late-term maneuver by President Donald Trump to use lower drug prices paid overseas to limit some of Medicare’s own costs suffered a legal setback Wednesday that appears likely to keep the policy from taking effect before the president leaves office.

U.S. District Judge Catherine C. Blake in Baltimore issued a nationwide injunction that prevents the Centers for Medicare and Medicaid Services, or CMS, from carrying out the so-called “most favored nations” rule as scheduled on Jan. 1. The judge wrote in her temporary order that CMS had failed to follow required procedures for notice and comment before imposing such sweeping changes.

The Trump regulation would tie what Medicare pays for certain drugs administered in a doctor’s office to the lowest price paid among a group of economically advanced countries. It would apply to 50 medications that account for the highest spending under Medicare’s “Part B” benefit for outpatient care.

That group includes cancer drugs and other medications delivered by infusion or injection. Trump announced his new policy at the White House before the Thanksgiving holiday, saying, “the drug companies don’t like me too much. But we had to do it.”

A coalition of groups including the Association of Community Cancer Centers and the Pharmaceutical Research and Manufacturers of American quickly sued to block the rule. Some opponents have likened the Trump policy to a form of socialist price controls.

Blake wrote that the plaintiffs had established a reasonable likelihood their arguments accusing the administration of cutting corners in a rush to regulate would carry the day in a trial. Federal law says that government agencies must provide adequate opportunity for affected parties to comment on proposed regulations. The administration had sought to use emergency authority as a work-around.

The case is hardly trivial, the judge said. “This case deals with a regulation that would for the first time implement the use of a price control mechanism not provided for by Congress,” Blake wrote.

The Health and Human Services department said it is reviewing the ruling, and had no immediate comment.

Trump came into office accusing drug companies of “getting away with murder” and promising to slash costs for American patients. But his administration was unable to drive major drug pricing legislation through Congress.

Even if the Trump rule is ultimately blocked, the idea of using international prices to lower costs for Americans is very much alive. It’s at the heart of House Speaker Nancy Pelosi’s legislation to empower Medicare to negotiate drug prices. And President-elect Joe Biden also supports the approach.

Blake was nominated to be a U.S. district judge by former Democratic President Bill Clinton.
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Oklahoma high court: Governor overstepped with tribal deal

Attorney News 2020/07/22 09:00   Bookmark and Share
Oklahoma Gov. Kevin Stitt overstepped his authority when he reached a casino gambling agreement with two Native American tribes, the state Supreme Court ruled Tuesday.

In a 7-1 decision, the high court determined the compacts Stitt signed with the Comanche Nation and Otoe-Missouria Tribes are “invalid under Oklahoma law.”

The deals would have allowed the two tribes to offer wagering on sporting events and house-banked card and table games. The compacts also would have allowed the tribes to construct new casinos closer to larger population centers, and would have given the state a larger share of casino revenues from those new casinos. The U.S. Department of the Interior gave tacit approval to the compacts in June following the expiration of a 45-day review period.

But because wagering on sporting events and house-banked card and table games haven’t been authorized by the Legislature, any revenue from such games is prohibited, the court ruled.

“The court must, therefore, conclude Governor Stitt exceeded his authority in entering into the tribal gaming compacts with the Comanche Nation and Otoe-Missouria Tribes that included Class III gaming prohibited by the State-Tribal Gaming Act," the court wrote.

Otoe-Missouria Tribe Chairman John R. Shotton said in a statement that the Oklahoma Supreme Court doesn't have the jurisdiction to invalidate the tribe's compact.

“We have said all along we do not plan to offer house-banked card and table games and event wagering until they are authorized by state law," Shotton added. “Indeed, this condition was part of the compact, and it was unfortunately overlooked by the court."

Stitt said the court's decision, along with a recent U.S. Supreme Court ruling that determined much of eastern Oklahoma remains an American Indian reservation, leaves much work to be done with the tribes.
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