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High court reverses pot conviction over evidence
Press Release |
2013/11/11 14:06
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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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PG&E starts pipeline shutdown under court order
Press Release |
2013/10/07 10:34
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Pacific Gas & Electric Co. says it will comply with a judge's order and shut down a natural gas pipeline after safety issues were raised.
The utility said Sunday it believes the pipeline is safe despite an engineer's email questioning the safety of the 83-year-old line's welds. PG&E said it could take until Tuesday to safely shut down the line and seamlessly switch its customers to another line.
A judge ordered the line shut down after San Carlos city officials discovered the email and declared a "state of emergency."
The email said PG&E's records incorrectly show the line containing a newer, more reliable weld than it actually has.
PG&E said state-of-the-art tests show the line is safe and that it was shutting the line only because of the court order. |
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Houston Auto Accident & Insurance Claims Law Firm
Press Release |
2012/03/01 00:49
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If you've been involved in an auto accident caused by speeding, drunk driving (DWI), unsafe lane changes, following too closely, running red lights & stop signs, reckless truck drivers, or any other cause, we ask you to keep the following in mind: Insurance companies are in the business of making money, not paying policies. If the insurance company is giving you the run-around, call The Salazar Law Firm today.
If you've been injured in an accident, your claim may be significantly weakened if you don't take the right steps. Get medical treatment for your pain and injuries as soon as possible. Insurance companies pay close attention to “lapses in treatment” and whether or not you sought treatment immediately after the accident happened.
The Salazar Law Firm is a Houston based firm that has expertise in defending clients facing auto accidents and insurance claims. Their attorneys understand the physical, emotional, and financial burden an car accident or personal injury can be on an individual and their families. Their goal is to lessen the stress for their clients by managing the complex procedures with insurance companies, medical facilities, and opposing insurance defense lawyers. They have the experience you need and give the attention you deserve. Visit http://www.hurtinhouston.com for more information.
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CARRIER iQ, Inc. Sued in Class Action
Press Release |
2011/12/06 10:23
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New York City based Horwitz, Horwitz amp; Paradis, Attorneys at Law and Los Angeles based Kiesel Boucher amp; Larson LLP announced this morning that they have filed a nationwide class action lawsuit against Mountain View, California based CARRIER iQ, Inc. on behalf of a class comprised of all persons and entities who own an electronic device, including but not limited to, smartphones, feature phones, tablets, and electronic-readers (collectively, the Electronic Devices), in which CiQ's Mobile Intelligence software application is installed.
The class action complaint, which was filed in the United States District Court for the Northern District of California, alleges that CiQ manufactures a software application that, unbeknownst to Class members, was embedded into a wide variety of Electronic Devices, including but not limited to, smartphones, feature phones, tablets, and electronic-readers, purchased by Class members over the past six years. Plaintiff further alleges that CiQ utilized its software application to illegally intercept, collect, and share the data and communications sent or received by Class members over their Electronic Devices in which CiQ's software application has been secretly installed for approximately six years.
More specifically, Plaintiff alleges that CiQ's software application enabled CiQ to illegally intercept and monitor all communications that are sent to, and received by, an Electronic Device in which CiQ's software is installed. CiQ's software does so by: (i) intercepting and recording all keystrokes depressed on the Electronic Devices; (ii) intercepting, reading and displaying the actual text of all text messages sent from, or received by, the Electronic Devices; and (iii) intercepting, reading and displaying all Internet browser searches conducted on private Wi-Fi networks
In commenting on the allegations of the Class Action Complaint, Plaintiff's attorney Paul O. Paradis remarked, The vast nature of CiQ's illegal interception activities and the fact that the Company's illegal activities were able to be conducted without detection for nearly 6 years is frightening. In the digital age in which we live, the revelation of CiQ's illegal electronic interception activities is a watershed moment for privacy advocates around the world and serves as an alarming wake up call to all of us who are concerned about protecting the privacy of confidential communications of any type. Attorney Paul Kiesel added, At this juncture of the litigation, it appears that in excess of 140 million class members were victimized by CiQ's illegal interception activities. That fact, in and of itself, is stunning.
Plaintiff alleges that CiQ's illegal interception and data collection and sharing activities violated both the federal Electronic Communications Privacy Act and California's Invasion of Privacy Act, as well as other laws intended to protect Class member's privacy and property interests. Plaintiff seeks statutory damages, restitution, punitive damages on behalf of himself and all Class members, as well as an injunction enjoining Defendant from continuing the illegal practices complained of in the Complaint.
If you have any information concerning practices complained of in the Class Action Complaint or would like further information regarding this nationwide class action, please contact Paul O. Paradis at 212-986-4500 or e-mail at pparadis@hhplawny.com or Paul Kiesel at 310-854-4444 or email at kiesel@kbla.com.
Horwitz, Horwitz amp; Paradis, Attorneys at Law, and Kiesel Boucher amp; Larson, LLP have been retained as two of the law firms to represent the Class. The attorneys at Horwitz, Horwitz amp; Paradis, Attorneys at Law, and Kiesel Boucher amp; Larson, LLP have extensive experience in prosecuting class action cases, and have been appointed as Lead Counsel in numerous major class actions by federal and state courts across the United States and have obtained major recoveries on behalf of injured parties. |
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Kaplan Fox Files Securities Class Action
Press Release |
2011/11/17 09:48
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Kaplan Fox amp; Kilsheimer LLP has filed a class action suit against Jon S. Corzine, J. Randy MacDonald, Henri J. Steenkamp and certain other individuals that alleges violations of the Securities Exchange Act of 1934 on behalf of purchasers of the securities of MF Global Holdings Ltd. during the period May 20, 2010 through October 28, 2011, inclusive, including investors who purchased MF Global common stock previously traded on the New York Stock Exchange under the symbol MF and purchasers of the Company's debt securities.
The case is pending in the United States District Court for the Southern District of New York. A copy of the complaint may be obtained from Kaplan Fox or the Court.
The complaint alleges that in March 2010, Corzine, a former CEO of Goldman Sachs Group, Inc. and former Governor of New Jersey, became Chairman and CEO of MF Global and that after Corzine became Chairman and CEO of MF Global, the Company increased its risk and used its own money to trade, including making investments in European sovereign debt that has plummeted in value. Reportedly, Corzine's strategy was to transform the Company from a futures broker into a boutique investment bank.
The complaint further alleges that Corzine's push into more risky and principal trading with the Company's money was central to MF Global's profit-growing plan and transformation, and that Corzine and the other defendants represented that they could grow and transform the business without taking on excessive risk, while maintaining adequate capital and liquidity. Further, it is alleged that while making this transformation, Corzine and the other defendants failed to disclose that the Company was undercapitalized, exposed to excessive risk due to massive bets on debt issued by certain European governments, and did not have proper risk controls in place to manage these risks.
If you are a member of the proposed Class, you may move the court no later than January 3, 2012 to serve as a lead plaintiff for the Class. You need not seek to become a lead plaintiff in order to share in any possible recovery.
Plaintiff seeks to recover damages on behalf of the Class and is represented by Kaplan Fox amp; Kilsheimer LLP. Our firm, with offices in New York, San Francisco, Los Angeles, Chicago and New Jersey, has many years of experience in prosecuting investor class actions and actions involving financial fraud. For more information about Kaplan Fox amp; Kilsheimer LLP, or to review a copy of the complaint filed in this action, you may visit our website at www.kaplanfox.com. |
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