Legal Business 2019/08/12 09:10
A Pennsylvania appeals court on Monday questioned why actor Bill Cosby never got a supposed non-prosecution agreement in writing as his lawyers asked the panel to overturn his sexual assault conviction.
Cosby, 82, is serving a three- to 10-year prison term for drugging and molesting a woman at his home in what became the first celebrity trial of the #MeToo era.
The three-judge panel asked why Cosby’s top-shelf lawyers didn’t follow the norm and get an immunity agreement in writing, and approved by a judge, when accuser Andrea Constand first came forward in 2005.
“This is not a low-budget operation. ... They had an unlimited budget,” said Superior Court Judge John T. Bender. “Could it be they knew this was something the trial court would never have allowed?”
Cosby’s lawyers have long argued that he relied on the promise before giving testimony in Constand’s 2005 lawsuit that proved incriminating when it was unsealed a decade later.
Judge Carolyn Nichols echoed Bender’s point, asking, “how can the elected district attorney bind that office in perpetuity?”
Cosby’s lawyers also attacked Montgomery County Judge Steven O’Neill’s decision to let five other accusers testify when Cosby went on trial last year, after more than 60 accusers came forward and his deposition was unsealed. Prosecutors said they chose women whose accounts showed that Cosby had a “signature” crime pattern. Bender seemed to agree, interrupting defense arguments that their stories had significant differences.

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.

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.

Legal Business 2019/06/21 11:01
Justice Brett Kavanaugh wrote the court's majority opinion. Justices Clarence Thomas and Neil Gorsuch dissented.
In Flowers' sixth trial, the jury was made up of 11 whites and one African American. District Attorney Doug Evans struck five black prospective jurors.
In the earlier trials, three convictions were tossed out, including one when the prosecutor improperly excluded African Americans from the jury. In the second trial, the judge chided Evans for striking a juror based on race. Two other trials ended when jurors couldn't reach unanimous verdicts.
"The numbers speak loudly," Kavanaugh said in a summary of his opinion that he read in the courtroom, noting that Evans had removed 41 of the 42 prospective black jurors over the six trials. "We cannot ignore that history."
In dissent, Thomas called Kavanaugh's opinion "manifestly incorrect" and wrote that Flowers presented no evidence whatsoever of purposeful race discrimination."
Flowers has been in jail more than 22 years, since his arrest after four people were found shot to death in a furniture store in Winona, Mississippi, in July 1996.
Flowers was arrested several months later, described by prosecutors as a disgruntled former employee who sought revenge against the store's owner because she fired him

Legal Business 2019/06/18 11:02
A World War I memorial in the shape of a 40-foot-tall cross can continue to stand on public land in Maryland, the Supreme Court ruled Thursday.
The justices, in ruling 7-2 in favor of the cross' backers, concluded that the nearly 100-year-old memorial's presence on a grassy highway median doesn't violate the First Amendment's establishment clause, which prohibits the government from favoring one religion over others.
The case had been closely watched because it involves the place of religious symbols in public life. Defenders of the cross in Bladensburg had argued that a ruling against them could doom of hundreds of war memorials that use crosses to commemorate soldiers who died.
"The cross is undoubtedly a Christian symbol, but that fact should not blind us to everything else that the Bladensburg Cross has come to represent," Justice Samuel Alito wrote.
"For some, that monument is a symbolic resting place for ancestors who never returned home. For others, it is a place for the community to gather and honor all veterans and their sacrifices to our Nation. For others still, it is a historical landmark. For many of these people, destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral and would not further the ideals of respect and tolerance embodied in the First Amendment. For all these reasons, the Cross does not offend the Constitution," he wrote.
