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High court reverses pot conviction over evidence
Press Release |
2013/11/11 21:26
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The Montana Supreme Court on Wednesday reversed the conviction of a Beaverhead County man for criminal distribution of dangerous drugs, saying he was convicted based on insufficient evidence.
The court ruled in a 4-1 decision that state prosecutors presented the testimony of just one witness, who said Anthony James Burwell provided her with marijuana in exchange for baby-sitting his two daughters while he went to work in summer 2011.
Jennifer Jones told authorities that the night before she was supposed to baby-sit, she and Burwell smoked a bowl of a substance she said was marijuana, describing it as "green with orange hairs," according to the opinion written by Chief Justice Mike McGrath.
Jones identified Burwell in a list of "people to narc on" that she wrote while in police custody, McGrath wrote. She gave a vague description of the man and said he lived next door to her friend, according to the opinion.
Officers concluded Jones was referring to Burwell, found that he had a medical marijuana card and charged him in October 2011. He was convicted in district court and sentenced to 10 years, with five years suspended.
"Officers never searched Burwell's residence, never attempted a controlled buy and never discovered any marijuana in his possession," McGrath wrote.
No expert analyzed Jones' description of the substance, no other witnesses backed her testimony and she did not describe the effects of the substance, McGrath wrote.
The evidence was insufficient to conclude beyond a reasonable doubt that the substance was a dangerous drug, the chief justice wrote.
Justice Jim Rice dissented, saying that the majority opinion ignores significant circumstantial evidence and that it was up to the jury that convicted Burwell to determine the facts.
Burwell acknowledged that he did not pay Jones cash for baby-sitting and that Burwell and his son were medical marijuana cardholders permitted to grow the drug at home, Rice wrote.
"The testimony here, of a lay witness identifying marijuana from prior experience with the drug, along with the confirming circumstantial evidence, is sufficient to establish the identity of the substance," Rice wrote. |
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Court-martial date set in Naval Academy case
Press Release |
2013/11/04 20:32
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A court-martial has been scheduled for February for a U.S. Naval Academy student accused of aggravated sexual assault.
Midshipman Josh Tate appeared at an arraignment Monday at the Washington Navy Yard.
The court-martial is scheduled to begin Feb. 10. The case stems from an April 2012 party at an off-campus house in Annapolis. The alleged victim had been drinking heavily and has testified that she cannot remember having sex with Tate.
Another student also faces a separate court-martial in the case. It is scheduled for Jan. 27. Midshipman Eric Graham is charged with abusive sexual contact.
If you are facing trial by court-martial, you also have the right to hire an experienced civilian defense attorney to represent and defend you. It is your career and future that is at stake and it is important that you have an experienced attorney who will advocate aggressively on your behalf. Please contact Las Vegas Military Defense Attorneys. |
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Chris Brown released on assault charge in DC court
Press Release |
2013/10/29 18:35
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Grammy Award-winning R&B singer Chris Brown was freed from custody Monday after facing a judge on a charge that he punched a man who tried to pose in a photograph with him.
Prosecutors reduced a felony assault charge to a misdemeanor as a District of Columbia judge released Brown, who exited the courthouse to cheers and flashed a peace sign to supporters after more than a day and a half in custody. There was scattered applause in the packed courtroom as the judge set the singer free.
Even with the reduced charge, the assault case represents the latest legal trouble for Brown, who remains on probation for assaulting his on-again, off-again girlfriend Rihanna just before the 2009 Grammy Awards.
The 24-year-old singer and his bodyguard, Chris Hollosy, were arrested early Sunday in front of the the W Hotel in Washington.
A Maryland man told police he had tried to be part of a picture Brown was taking with a woman and her friend when Brown told him, "I ain't down with that gay s---t" and "I feel like boxing," according to charging documents in the case. The man, identified by police as Parker Isaac Adams, 20, of Beltsville, Md., said he was punched by both Brown and Hollosy before Brown boarded his tour bus. |
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Colombia court nixes military justice overhaul
Press Release |
2013/10/25 20:18
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In a stiff blow to the government, Colombia's highest court for constitutional questions on Wednesday struck down an expansion of the military justice system that human rights activists had said would lead to greater impunity for war criminals.
In a 5-4 decision not subject to appeal, the Constitutional Court nullified a constitutional amendment and pursuant statute that would have placed under the jurisdiction of an expanded military justice system all but seven types of violations of international humanitarian law involving armed forces personnel.
Currently, all human rights cases are supposed to be tried in civil court.
Magistrate Jorge Ivan Palacio read a statement saying the court found "procedural defects" in the change's journey through Congress, accepting the arguments of opposition lawmakers and a top human rights lawyer. The decision was not released.
Defense Minister Juan Carlos Pinzon called the ruling "a blow to the morale of the military forces that without doubt will affect Colombians' security." He said the government would consider submitting a revised military court overhaul, but gave no details.
President Juan Manuel Santos was seen as having pushed the change through Congress to win the backing of military leaders for peace talks that began last year with the country's main rebel group in Cuba.
Santos repeatedly insisted the legal change would not lead to impunity in war crimes, but such arguments did not persuade members of the U.S. Congress, which withheld at least $10 million in military aid in objection to the measure. |
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