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Ohio court: Wording of pot legalization ballot is misleading
Court Line |
2015/09/15 23:53
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Ohio's Supreme Court ruled Wednesday that part of the ballot wording describing a proposal to legalize marijuana in the state is misleading and ordered a state board to rewrite it.
Supporters of the measure, known in the fall election as Issue 3, challenged the phrasing of the ballot language and title, arguing certain descriptions were inaccurate and intentionally misleading to voters. Attorneys for the state's elections chief, a vocal opponent of the proposal, had said the nearly 500-word ballot language was fair.
In a split decision, the high court sided with the pot supporters in singling out four paragraphs of the ballot language it said "inaccurately states pertinent information and omits essential information."
The court ordered the state's Ballot Board to reconvene to replace those paragraphs about where and how retail stores can open, the amount of marijuana a person can grow and transport and the potential for additional growing facilities.
"The cumulative effect of these defects in the ballot language is fatal because the ballot language fails to properly identify the substance of the amendment, a failure that misleads voters," the court said.
The court allowed the ballot issue's title, "Grants a monopoly for the commercial production and sale of marijuana for recreational and medicinal purposes," to stand in a blow to the backers who had taken issue with the use of the word "monopoly."
Passage of Issue 3 would make Ohio a rare state to go from outlawing marijuana to allowing it for all uses in one vote.
The full text of the proposed constitutional amendment has nearly 6,600 words. It would allow anyone 21 and older to buy marijuana for medicinal or personal use and grow four plants. It creates a network of 10 authorized growing locations, some that already have attracted a celebrity-studded list of private investors, and lays out a regulatory and taxation scheme.
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Appeals court weighs Justice deal to settle Iran charges
Court Line |
2015/09/13 00:24
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A federal appeals court on Friday considered whether a judge could reject as too lenient a deal to settle criminal charges against a Dutch company accused of illegally selling aircraft parts to Iran, Sudan and Myanmar.
The U.S. Court of Appeals for the District of Columbia heard arguments in a case involving the Justice Department's decision not to prosecute Fokker Services BV under an agreement that called for $21 million in penalties.
A federal judge earlier this year refused to accept the deal, which he called "grossly disproportionate to the gravity of Fokker Services' conduct in a post-9/11 world."
The dispute comes as the Justice Department this week trumpeted its commitment to hold company executives more accountable for corporate fraud. The new guidance follows persistent criticism that the department has not been aggressive enough in prosecuting individuals for financial misconduct, including after the mortgage crisis that led to an economic meltdown.
The Justice Department says the judge is interfering with the discretion of prosecutors, but that argument faced resistance from the three-judge panel hearing the case. All three appellate judges agreed that courts have some authority to decide whether to accept settlements, though they disagreed over the extent of that authority.
"You have a very steep hill to climb," Judge David Sentelle told Justice Department lawyer Aditya Bamzai during arguments that took place on the 14th anniversary of the Sept. 11 terrorist attacks.
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Idaho high court upholds law banning horse racing terminals
Court Line |
2015/09/12 00:23
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Idaho's highest court says the state must enforce legislation banning lucrative instant horse racing terminals after ruling that Gov. C.L. "Butch" Otter's veto of the bill was invalid.
The decision is a blow to Idaho's horse racing industry, where officials have pleaded that the machines are vital to keeping their businesses afloat.
In a unanimous decision issued Thursday, the court ruled that the ban must go into effect because Otter did not complete the veto within the required five-day time span. In Idaho, a bill automatically becomes law — even if the governor doesn't sign it — unless it is vetoed within the legal timeframe.
"This pivotal decision reaffirms that even Idaho's highest elected officials must follow the Constitution," said Coeur d'Alene Tribe Chief James Allan, chairman of the tribe that filed the lawsuit against the state, prompting the court's ruling. The tribe, which profits from its own video gaming on the reservation and faced competition from the new horse racing versions, said it was "extremely happy" with the ruling.
Secretary of State Lawerence Denney must now certify the law, which will make the machines illegal. He did not immediately return calls from The Associated Press on when he will certify it. There are currently about 250 machines installed in three locations across Idaho.
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Appeals court upholds convictions in Ohio slavery case
Court Line |
2015/09/10 00:23
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A federal appeals panel has upheld the convictions and sentences of a couple charged with enslaving a mentally disabled woman in their northeast Ohio home for nearly two years through intimidation, threats and abuse.
The three-judge 6th U.S. Circuit Court of Appeals panel in Cincinnati agreed unanimously Tuesday that the federal charges were appropriate and that the prison sentences of at least three decades each were warranted.
A federal jury in Youngstown convicted Jessica Hunt and boyfriend Jordie Callahan last year on counts of forced labor, conspiracy to defraud the U.S. and conspiracy to illegally obtain prescription drugs.
Among other challenges in their appeal, the couple contended that the case should have been a state matter since federal forced labor prosecutions typically involve people brought to the U.S. for domestic servitude or sex trade.
The woman "was compelled to perform domestic labor and run errands for defendants by force, the threat of force, and the threat of abuse of legal process," Judge Eric Clay wrote.
"Because this is a distinct harm that is a matter of federal concern pursuant to the Thirteen Amendment, it matters little that defendants' conduct may have also violated various state laws," Clay wrote, citing the U.S. constitutional amendment that abolished slavery.
The couple was accused of holding the woman captive from early 2011 to late 2012. Prosecutors alleged that they threatened to harm the woman's young daughter if the woman did not do chores, shop and clean up after their pit bull dogs. The couple also used the dogs and a python to threaten the woman into complying, prosecutors said.
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Washington Supreme Court rules against Backpage.com
Court Line |
2015/09/03 20:22
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The website Backpage.com may not be immune from state liability law and a lawsuit filed by three young girls who said they were sold as prostitutes on the website can proceed to trial, the Washington Supreme Court ruled Thursday.
In a 6-3 decision, the justices said the federal Communications Decency Act does not protect Backpage from state lawsuits because of allegations that the company didn't just host the ads, but helped develop the content.
"The plaintiffs before us have been the repeated victims of horrific acts committed in the shadows of the law," said Justice Steven Gonzalez, writing for the majority. "They brought this suit in part to bring light to some of those shadows: to show how children are bought and sold for sexual services online on Backpage.com in advertisements that, they allege, the defendants help develop."
The case should proceed because the girls have alleged facts that, if proved, would show that Backpage helped produce illegal content, the justices said. |
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