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Naturopathic doctor sentenced for selling misbranded drugs
Legal News | 2022/03/24 06:05

A former Port Angeles naturopathic physician was sentenced to eight months in prison and one year supervised release after being found guilty of selling products he claimed could prevent numerous serious diseases, including COVID-19.

Richard Marschall, 69, was convicted in 2021, after a four-day trial, of introducing misbranded drugs into interstate commerce, his third conviction, according to the U.S. Attorney’s office. The jury found that his marketing was false or misleading and because his products were not listed with the FDA.

At the sentencing hearing Monday, U.S. District Judge Benjamin H. Settle said, “It is extremely dangerous during the COVID epidemic for people to be engaged in conduct that would lead other people to defer and wait to receive medical care.”

Marschall was convicted previously and sentenced in federal court for distributing misbranded drugs, both in 2011 and again in 2017.


Hearing opens for Jackson, 1st Black female high court pick
Court Line | 2022/03/22 06:05

The Senate Judiciary Committee on Monday opened the Supreme Court confirmation hearings for Judge Ketanji Brown Jackson, the first Black woman nominated for the nation’s highest court.

Jackson, 51, is to give her opening statement later Monday and answer questions on Tuesday and Wednesday from the panel’s 11 Democratic and 11 Republican senators.

Barring a significant misstep by the 51-year-old Jackson, a federal judge for the past nine years, Democrats who control the Senate by the slimmest of margins intend to wrap up her confirmation before Easter. She would be the third Black justice, after Thurgood Marshall and Clarence Thomas, as well as the first Black woman on the high court.

“It’s not easy being the first. Often, you have to be the best, in some ways the bravest,” Democratic Sen. Dick Durbin of Illinois, the committee chairman, said shortly after the proceedings began.

The committee’s senior Republican, Sen. Chuck Grassley of Iowa, promised Republicans would “ask tough questions about Judge Jackson’s judicial philosophy,” without turning the hearings into a ”spectacle.”

Jackson’s testimony will give most Americans, as well as the Senate, their most extensive look yet at the Harvard-trained lawyer with a resume that includes two years as a federal public defender. That makes her the first nominee with significant criminal defense experience since Marshall.


Jackson pledges to decide cases ‘without fear or favor
Court Watch | 2022/03/18 06:05

Supreme Court nominee Ketanji Brown Jackson pledged Monday to decide cases “without fear or favor” if the Senate confirms her historic nomination as the first Black woman on the high court.

Jackson, 51, thanked God and professed love for “our country and the Constitution” in a 12-minute statement to the Senate Judiciary Committee at the end of her first day of confirmation hearings, nearly four hours almost entirely consumed by remarks from the panel’s 22 members.

Republicans promised pointed questions over the coming two days, with a special focus on her record on criminal matters. Democrats were full of praise for President Joe Biden’s Supreme Court nominee.

With her family sitting behind her, her husband in socks bearing George Washington’s likeness, Jackson stressed that she has been independent, deciding cases “from a neutral posture” in her nine years as a judge, and that she is ever mindful of the importance of that role.

“I have dedicated my career to ensuring that the words engraved on the front of the Supreme Court building — equal justice under law — are a reality and not just an ideal,” she declared.

Barring a significant misstep, Democrats who control the Senate by the slimmest of margins intend to wrap up her confirmation before Easter. She would be the third Black justice, after Thurgood Marshall and Clarence Thomas, as well as the first Black woman on the high court.


9 apply for open West Virginia Supreme Court seat
Attorney News | 2022/03/16 06:05

Nine people have applied for an open West Virginia Supreme Court seat.

Gov. Jim Justice’s office says the applicants are C. Haley Bunn; Nicole A. Cofer; Robert J. Frank; Gregory Howard Jr.; Charles O. Lorensen; Kristina D. Raynes; James J. Rowe; Mark A. Sorsaia; and Joanna I. Tabit.

Bunn practices with Steptoe & Johnson PLLC in Charleston. Cofer is a traffic safety resources prosecutor with the West Virginia Prosecuting Attorneys Institute. Frank has a Lewisburg law firm.

Howard is a Cabell County Circuit Court judge. Lorensen is a member of Kay Casto & Chaney PLLC in Charleston and a one-time chief of staff to former Democratic Gov. Earl Ray Tomblin.

Raynes is a Putnam County assistant prosecutor. Rowe is a senior status judge retired from Greenbrier County circuit court. Sorsaia is Putnam County’s prosecuting attorney. Tabit is a Kanawha County circuit court judge.

Former Justice Evan Jenkins resigned last month to return to private practice.

The governor’s office says a judicial commission will interview candidates in the coming weeks and recommend finalists to him.

A bill awaiting Justice’s signature would let the appointee first face election when Jenkins’ term is up in 2024, rather than holding a special election in November.





Courts, BMV act after license retained after fatal crash
Court Watch | 2022/03/14 22:40

The Maine Bureau of Motor Vehicles and court officials have scrambled to close a gap in tracking and sharing information about criminal convictions that should result in license suspensions.

The problem surfaced when a man who pleaded guilty to manslaughter following a fatal crash during a police pursuit was arrested for causing another crash while being chased by police. Two others were injured, one of them critically, in the crash on March 4 in Paris, Maine.

The man being chased by police shouldn’t have had a license after pleading guilty last summer to the earlier crash that killed a 70-year-old driver.

A one-page document that would have allowed the BMV to process his suspension was never sent by court staff despite the BMV’s requests, and court officials suggested it was not their duty to send the paperwork because the conviction was not technically considered a driving offense under state law, the Portland Press Herald reported.

The state court’s response hinged on a technicality — he was convicted not of a driving offense but manslaughter. In Maine, there’s no separate conviction for “vehicular manslaughter.”

On Friday, officials including Secretary of State Shenna Bellows and Valerie Stanfill, chief justice of the Maine Supreme Judicial Court, came to an agreement on correcting the problem, the newspaper reported.

But the Portland Press Herald reported that representatives of the courts and secretary of state declined to discuss specifics.

The agreement with the courts will encompass convictions connected to use of a vehicle but not specifically included in the driving statute, said Emily Cook, spokesperson for Bellows.


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