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German court: chronically ill could grow marijuana
Headline Legal News | 2014/07/22 14:12

Some Germans may soon be able to grow their own marijuana to relieve chronic pain after a ruling from a court in Cologne.

The Cologne administrative court ruled Tuesday in favor of three plaintiffs who had sued for the right to grow marijuana for therapeutic purposes, sending the cases back to the government agency responsible for approving medical marijuana products.

The court says the three demonstrated they could not combat their pain any other way and could not afford to purchase medical marijuana, which is permitted in Germany but not usually covered by the country's health insurance system.

The court also stipulated that allowing marijuana cultivation should depend upon a "thorough and individual" examination of each case, and rejected two other claims.


Fla. man pleads guilty to rhino horn trafficking
Headline Legal News | 2014/07/08 14:28
A South Florida man has pleaded guilty to illegally trafficking in the horns of the black rhinoceros in violation of the Endangered Species Act.

A federal judge is scheduled in September to sentence 76-year-old Gene Harris of Miami following his guilty plea this week. Harris could get up to five years in prison and a $250,000 fine.

According to court records, Harris sold a variety of wildlife products, including taxidermy mounts. In 2011, he arranged for a customer in California to buy two black rhinoceros horns from a seller in Phoenix, Arizona, for $60,000.

Court documents show Harris was paid a $10,000 finder's fee.

Black rhinoceros horns are prized commodities in many Asian countries, where they are turned into ornamental carvings and other items.


Iowa high court reinstates major pollution lawsuit
Headline Legal News | 2014/06/17 11:14

In a major environmental case, the Iowa Supreme Court ruled Friday that residents can bring a nuisance lawsuit against a Muscatine manufacturer accused of routinely blanketing their properties with soot and chemicals.

The court reinstated the class-action lawsuit against Grain Processing Corp., which operates a plant that turns corn kernels into products ranging from corn syrup to ethyl alcohol. The plaintiffs' claims of nuisance, negligence and trespass are not barred by the federal Clean Air Act or state rules governing air emissions, Justice Brent Appel wrote in a 6-0 decision that was applauded by environmentalists but criticized by business interests.

A regional economic force, the company buys $400 million in corn from farmers annually and is one of the area's largest employers.

But Muscatine residents have complained for years that it spews harmful chemicals into the environment that get blown onto their homes, yards and cars. The lawsuit, filed on behalf of up to 17,000 residents who live within a 3-mile radius of the plant, contends the pollution undermines their ability to enjoy their property and causes metals in everything from swing sets to air conditioning systems to corrode.



Court: No blanket exemption for police dashcams
Headline Legal News | 2014/06/13 14:36
The state Supreme Court has ruled that state dashboard cameras can't be withheld from public disclosure unless they relate to pending litigation.

Five of the high court's members said Thursday that the Seattle Police Department wrongly used a state statute as a blanket exemption to the state's public records act when it denied providing dashboard camera videos to a reporter with KOMO-TV. Their ruling overturns a 2012 King County Superior Court judge's ruling that said the department could withhold the videos for three years.

The majority awarded KOMO attorney fees and sent the case back to the lower court.

Four justices argued that the statute was clear that that the recordings should not be released to the public until completion of any criminal or civil litigation.


High court won't hear California's prison appeal
Headline Legal News | 2014/06/10 13:26
The U.S. Supreme Court on Monday let stand a lower court ruling that California bears responsibility for nearly 2,000 disabled parolees housed in county jails.

The decision could leave state taxpayers liable for problems at some of the jails, said Jeffrey Callison, a spokesman for the California Department of Corrections and Rehabilitation.

The high court did not comment as it declined to consider Gov. Jerry Brown's appeal of a January 2012 decision by U.S. District Judge Claudia Wilken in Oakland.

She ruled that state prison officials failed to monitor and protect former inmates who were returned to county jails instead of state prisons for parole violations under a now 3-year-old state law.

That law keeps most parole violators and lower-level offenders in county jails instead of state prisons in response to federal court orders requiring the state to reduce the prison population.

The ruling in the parolee case was upheld last year by the 9th U.S. Circuit Court of Appeals, despite objections by the state.

"We believe that the lower court impinged upon a state's right to delegate responsibilities to local governments," Callison said.

The state penal code says parole violators in county jails are under counties' jurisdiction, he said, but "the federal court decided that didn't matter, that they were still ultimately state parolees."

That could make the state financially responsible for providing jailed parolees with the accommodations to which they are entitled under the federal Americans with Disabilities Act, he said.


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