Pound: Sharapova guilty of 'willful negligence' in drug test

Legal Insight 2016/03/11 16:54   Bookmark and Share
Maria Sharapova was guilty of "willful negligence" for using meldonium, and international tennis officials were aware that many players were taking the drug before it was banned this year, former World Anti-Doping Agency president Dick Pound said Wednesday.

Pound told The Associated Press that Sharapova could face a ban of up to four years unless she can prove mitigating circumstances to explain her positive test for meldonium at the Australian Open in January.

Meldonium, a Latvian-manufactured drug designed to treat heart conditions, was added to the World Anti-Doping Agency's banned list on Jan. 1 after authorities noticed widespread use of the substance among athletes.

In announcing her positive test at a news conference in Los Angeles on Monday, Sharapova said she had been using the drug for 10 years for various medical issues. The five-time Grand Slam champion and world's highest-earning female athlete said she hadn't realized meldonium had been prohibited this year, taking full responsibility for her mistake.

"An athlete at that level has to know that there will be tests, has to know that whatever she or he is taking is not on the list, and it was willful negligence to miss that," Pound said. "She was warned in advance I gather. The WADA publication is out there. She didn't pay any attention to it. The tennis association issued several warnings, none of which she apparently read."

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Justice Thomas asks questions in court, 1st time in 10 years

Legal Insight 2016/02/29 14:39   Bookmark and Share
Justice Clarence Thomas stunned lawyers, reporters and others at the Supreme Court on Monday when he posed questions during an oral argument for the first time in 10 years.

It was the second week the court has heard arguments since the death of Justice Antonin Scalia, Thomas' friend and fellow conservative. Thomas for years sat directly to Scalia's right. Scalia's chair is now draped in black in a tribute to his death on Feb. 13.

Thomas' questions came in case in which the court is considering placing new limits on the reach of a federal law that bans people convicted of domestic violence from owning guns.

With about 10 minutes left in the hourlong session, Justice Department lawyer Ilana Eisenstein was about to sit down after answering a barrage of questions from other justices. Thomas then caught her by surprise, asking whether the violation of any other law "suspends a constitutional right."

Thomas's unusual silence over the years has become a curiosity over the years. Thomas has previously said he relies on the written briefs and doesn't need to ask questions of the lawyers appearing in court.

Thomas last asked a question in court on Feb. 22, 2006. He has come under criticism for his silence from some who say he is neglecting his duties as a justice. The 10-year milestone of his courtroom silence came just days after Scalia's death. Thomas was one of only two people invited by Scalia's family to recite a prayer during the funeral Mass on Feb. 20.

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Court to weigh cocaine cases, could alter sentencing in Ohio

Legal Insight 2016/02/10 14:14   Bookmark and Share
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

Legal Insight 2016/02/10 14:14   Bookmark and Share
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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Plagued by delays, California high-speed rail heads back to court

Legal Insight 2016/02/07 14:14   Bookmark and Share
California voters embraced the idea of building the nation's first real high-speed rail system, which promised to whisk travelers from San Francisco to Los Angeles in under three hours, a trip that can take six hours or more by car. Eight years after they approved funding for it, construction is years behind schedule and legal, financial and logistical delays plague the $68 billion project.

The bullet train's timeline, funding and speed estimates are back in the spotlight for a longstanding lawsuit filed by residents whose property lies in its path.

In the second phase of a court challenge filed in 2011, attorneys for a group of Central Valley farmers will argue in Sacramento County Superior Court on Thursday that the state can't keep the promises it made to voters in 2008 about the travel times and system cost. Voters authorized selling $9.9 billion in bonds for a project that was supposed to cost $40 billion.

In recent months, rail officials have touted construction of a viaduct in Madera County, the first visible sign of construction. Though officials have been working for years to acquire the thousands of parcels of land required for the project, they currently have just 63 percent of the parcels needed for the first 29 miles in the Central Valley.
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Jeffrey Dahmer's lawyer suspended by Supreme Court

Legal Insight 2015/12/24 16:44   Bookmark and Share
The Wisconsin Supreme Court on Wednesday suspended serial killer Jeffrey Dahmer's attorney for two months over a series of ethics violations tied largely to an attempt to help a client recover money spent on fake John Lennon memorabilia.

The justices also ordered Gerald Boyle to take courses in law office management and to pay $24,900 to cover the costs of the disciplinary proceedings against him.

Boyle rose to prominence in southeastern Wisconsin law circles after he defended Dahmer. The serial killer was sentenced to life in prison after confessing to 17 murders. Another inmate killed Dahmer in 1994. Boyle also gained fame for defending former Green Bay Packers star Mark Chmura against sexual assault charges. Chmura was ultimately acquitted in 2001.

Boyle didn't immediately return a voicemail left Wednesday at his Milwaukee office.

According to court documents, the state Office of Lawyer Regulation brought six misconduct counts against Boyle last year. Five counts were connected to a man who paid out-of-state galleries tens of thousands of dollars for a microphone Lennon had used and sketches the Beatles front man had drawn.

The man, identified only as D.P. in the documents, hired Boyle to represent him in efforts to recover his money after he learned the memorabilia was fake.

Boyle improperly deposited $65,000 in advance fees from D.P. in his office's operational account rather than in a client trust fund, according to court documents. The attorney also failed to prepare written fee agreements or explain in writing the basis for the fees.


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