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Attorney: Court ruling lets Ohio political candidates lie
Legal Focuses |
2016/03/28 19:16
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Candidates for public office in Ohio can lie and get away with it under a recent federal court ruling that struck down a state law banning false statements in campaigns, an attorney says.
Attorney Donald Brey, who has represented Republicans in cases before the Ohio Elections Commission, told The Columbus Dispatch his clients mostly tell the truth, but can legally lie as long as they don't defame anyone.
In past elections, the commission ruled on false-advertising complaints. That changed when the U.S. 6th Circuit Court of Appeals a few weeks ago upheld the 2014 ruling by U.S. District Court Judge Timothy Black that found the law violated the First Amendment. The Dispatch reports no further appeal is expected.
Black wrote that "lies are bad," but with some political speech, "there is no clear way to determine whether a political statement is a lie or the truth, and we certainly do not want the government deciding what is political truth."
Phil Richter, executive director of the state Elections Commission, said he has had to turn away calls from candidates alleging false-advertising claims.
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Man accused of terrorism charge with fiancee pleads guilty
Legal Focuses |
2016/03/16 04:57
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In fresh details provided as a young Mississippi man pleaded guilty to a terrorism-related charge, federal prosecutors said his fiancee led him toward a plan to travel to Syria to join the Islamic State.
Muhammad Dakhlalla, 23, pleaded guilty Friday in Aberdeen to providing material support to terrorism and faces up to 20 years in prison, $250,000 fines and lifetime probation. U.S. District Judge Sharion Aycock hasn't set his sentencing date yet.
His fiancee, Jaelyn Delshaun Young, is set for trial June 6 before Aycock. Plea agreements typically require cooperation with federal prosecutors, so Dakhlalla's plea makes it likely that he would testify against Young if a trial proceeds.
Both remain jailed without bail in Oxford.
A five-page statement of facts added new details about Young's conversion to Islam and her influence on Dakhlalla, who had been raised as a Muslim. The pair at one point planned to claim they were going on their honeymoon while traveling to Syria.
Young, a sophomore chemistry major at Mississippi State University at the time of her arrest, is the daughter of a school administrator and a police officer who served in the Navy reserve. She was a former honor student, cheerleader and homecoming maid at Vicksburg's Warren Central High School.
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Supreme Court rejects NJ employees' appeal over pension fund
Legal Focuses |
2016/02/29 22:45
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The Supreme Court is refusing to disturb a ruling from New Jersey's top court that sided with Gov. Chris Christie in a legal fight with public worker unions over pension funds.
The justices did not comment Monday in rejecting the unions' appeal. The high court order came less than three weeks after Christie ended his run for the Republican presidential nomination.
New Jersey's Supreme Court ruled last year that the state is obligated to pay individual retirees their pensions. But it overturned a lower court ruling that would have forced the state to come up with billions to pay promised pension benefits.
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Court to weigh cocaine cases, could alter sentencing in Ohio
Legal Focuses |
2016/02/10 21:11
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Prosecutors across Ohio are concerned that a ruling under review by Ohio's top court could delay and shorten sentences for suspects caught with cocaine and force costly changes upon law enforcement.
The state Supreme Court will hear arguments Tuesday on whether to uphold an appeals court decision calling into question how prosecutors have handled cocaine cases for years. It all comes eastdown to weight.
A state appeals court in Toledo ruled last year prosecutors should have determined how much pure cocaine a suspect arrested in a drug sting had with him or her instead of sentencing him based on the weight of the entire amount.
The appeals court ruled that Ohio's drug laws say that what matters is the weight of the cocaine only ? not filler material such as baking soda that's often added by drug dealers to stretch out their supply and increase profits.
Prosecutors along with the state Attorney General's office argue that such a narrow interpretation creates a new distinction for cocaine that isn't applied to any other illegal drugs.
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Florida asks court to deny inmate's execution-delay request
Legal Focuses |
2016/01/10 21:12
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Florida has asked the state's high court to reject a condemned inmate's request to delay his execution based on the U.S. Supreme Court's finding that Florida's procedure for imposing the death penalty is illegal.
In a brief filed Thursday, Florida Attorney General Pam Bondi's office said the U.S. Supreme Court's finding should not be applied retroactively to already-settled death penalty cases.
Ruling on the Hurst v. Florida case Tuesday, the nation's highest court ruled 8-1 that Florida's procedure is flawed because it allows judges, not juries, to decide death sentences.
Attorneys for convicted killer Michael Lambrix cited the ruling in their request for a new sentencing hearing for him.
Lambrix is scheduled to be executed by lethal injection on Feb. 11.
It wasn't clear when the court would rule.
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