Group terms pot bust persecution of terminally ill man Posted on Feb. 17 Feb 17, 2008
He said although the quantity of marijuana seized far exceeds the one ounce allowed under state law, they will use an affirmative defense to prove that he needed the quantity for his medical needs. The man is not a registered medical marijuana user, Daubert said. (Missoulian, MT)
Sanction law for employers gets go-ahead Feb 16, 2008
Using E-Verify is an affirmative defense for any employer who may be accused of hiring unauthorized workers in 2008, Parra emphasized. What about workers already on the payroll when LAWA took effect on Jan. 1. (Nogales International, AZ)
Trial against Walt Peschel to continue Feb 6, 2008
Peschel's attorneys have mounted an affirmative defense for their client, and will argue at trial that Peschel violated the law out of necessity, in order to protect the woman's life. Reporter Tristan Scott can be reached at 523-5264 or at. (Missoulian, MT)
Barracuda defends open source antivirus from patent attack Jan 30, 2008
"As a second and separate affirmative defense, the '600 patent is unenforceable by virtue of Trend Micro's inequitable conduct in the preparation and/or prosecution of the '600 patent," says a Barracuda legal filing dated June 2007. "In particular, at least Eva Chen, a named inventor on the '600 patent who was involved in the preparation and prosecution of the application that led to the issuance of the '600 patent, was aware of prior art material to the patentability of the '600 patent by... (Ars Technica)
Dentsu Denies Biegel's Latest Claims Jan 24, 2008
Named for two Supreme Court decisions, Faragher-Ellereth is termed an "affirmative defense" in which Dentsu can argue it had an adequate sexual harassment policy in place ... The documents also indicated that Biegel's discussion with Shigeta about alleged harassment "supposedly took place over one-and-a-half years after the complained of incident and is too attenuated in time to defeat a Faragher-Ellerth affirmative defense.". (MediaWeek.com)
Dentsu Judge Asks Biegel for Info Jan 10, 2008
Named for two Supreme Court decisions, Faragher-Ellereth is termed an "affirmative defense" in which Dentsu can argue it had an adequate sexual harassment policy in place. Biegel now has until Jan. 17 to provide evidence about when and to whom he complained at Dentsu about the various incidents that allegedly constituted harassment. (MediaWeek.com)
Shooter set to plea Monday to federal weapons charge Jan 5, 2008
This evidence would have conclusively established Mr. Jones' affirmative defense of justification, she wrote in a brief supporting the motion to dismiss the case. Further, there is no other comparable evidence that Mr. Jones could obtain by other reasonably available means. (Missoulian, MT)
9th Circuit Switches Gears on UPS Drivers in Closely Watched Class Action Dec 29, 2007
In an en banc ruling, the 9th U.S. Circuit Court of Appeals an and vacated class certification and an injunction against UPS. The latest opinion in Bates v. UPS laid out a new affirmative defense standard for employers hit with Americans with Disabilities Act claims. Judge Marsha Berzon enunciated the previous standard in a , and Berzon. (Law.com)
Hiring law applies to all, Pearce says Dec 16, 2007
If enforced the way he outlines, employers who have proper I9 forms, a federal employment form required at the time of hiring, have an "affirmative defense" against action on any worker hired before Jan. 1. MOST READ STORIES. (AZCentral -- News)
Plaintiffs Attorney, Firm Sued Over Fen-Phen Expenses Dec 15, 2007
Werlein found that ratification is an affirmative defense and the defendants bear the burden of proving their conduct benefited the plaintiff and other class members or was fair to them. "Defendants have failed to present evidence, much less uncontroverted evidence, to establish as a matter of law on summary judgment that Plaintiff and other class members benefited from the non-client echocardiograms and other costs for which they were charged," Werlein wrote in a 13-page order. (Law.com)
Jury finds Chief Calf guilty of murder Dec 8, 2007
During the two-and-a-half day trial, Spencer mounted an affirmative defense for Chief Calf, and applied legal arguments of mitigation, justifiable use of force and necessity. But Clark balked at notions that Chief Calf's actions were anything but deliberate. (Missoulian, MT)
Westside killing / Defendant: Shooting accidental Dec 7, 2007
In November, public defender Scott Spencer filed a pretrial motion notifying the court of his intentions to mount an affirmative defense for Chief Calf, which allows the attorney to apply legal arguments of mitigation, justifiable use of force and necessity. To prove mitigated deliberate homicide, Spencer must show that Chief Calf was acting under the influence of extreme mental or emotional stress for which there is a reasonable explanation or excuse. (Missoulian, MT)
Second Brocade Executive Found Guilty of Backdating Dec 6, 2007
According to the prosecutors, Breyer was referring to a law that permits an affirmative defense at sentencing: If the defendant can prove she had no knowledge about the rule or regulation she violated, she can't be imprisoned. Breyer has already denied a defense motion to acquit. (Law.com)
Westside homicide trial opens Dec 6, 2007
In November, Spencer filed a pretrial motion notifying the court of his intentions to mount an affirmative defense for Chief Calf, which allows the attorney to apply legal arguments of mitigation, justifiable use of force and necessity. At trial, Spencer will reference police interviews with Anthony Curtiss, who admits threatening Chief Calf with violence in the 24 hours leading up to Lyster's shooting, putting Chief Calf in a frantic state of fear, according to Spencer. (Missoulian, MT)
Federal Judge Lets Abu Ghraib Suit Against Government Contractor Go Forward Nov 13, 2007
"This does not mean that CACI may not successfully prove this affirmative defense at trial, but the task of sorting through the disputed facts regarding the military's command and control of CACI's employees will be for the jury," the judge's order stated. Robertson is quite familiar with legal issues associated with cases stemming from alleged war abuses. (Law.com)
Judge denies request for delay Nov 8, 2007
Kouri writes that McCarron's legal team is no closer to presenting her affirmative defense of insanity than they were at the start of the case. It is further apparent that any deadline suggested by (McCarron's) attorney is at best hollow, and at worst an intentional misrepresentation to the court. (Pekin Times, IL)
Supreme Court Argument Report: EEOC Takes a Beating From the Justices Nov 7, 2007
whoever ends up bearing the burden of it, it's the agency's fault, and this scheme has to be revised," Scalia said. Justice Clarence Thomas, who served as chair of the EEOC from 1982 to 1990, was characteristically silent during the argument. ROBERTS' BLAST FROM THE PAST Also on the justices' schedule Tuesday was , a case concerning whether the six-year statute of limitations under the Tucker Act is a jurisdictional limit or a claim-processing rule. The Tucker Act confers upon the Court of... (Law.com)
Judge denies postponement for mother charged in daughter's death Nov 7, 2007
It is apparent that the defendants legal team is no closer to presenting her affirmative defense of insanity than they were at the start of or any time during this case. Kouri wrote. (The Pantagraph newspaper)
Piedmont Doctor Held To Answer To Predator Sting Charge Oct 17, 2007
His attorney Blair Berk presented an affirmative defense during the eight-day preliminary hearing. Berk claimed Wolin was entrapped by police and the Perverted Justice organization. (NBC 11, CA)
An Appeal for Reconciliation and Healing Oct 4, 2007
Weather Sponsored by. According to oral tradition, hundreds of years ago, on the shores of Onondaga Lake, leaders of the five Iroquois nations - Mohawk, Oneida, Onondaga, Cayuga, and Seneca - were brought together by a prophet called the Peacemaker and his companion Hiawatha to bury their weapons of war and live in eternal peace. (Ithaca Times, NY)
9th Circuit overturns Grace rulings Sep 21, 2007
On Thursday, the appellate judges also reversed a ruling limiting the materials available to expert witnesses at trial, reversed a decision that would have narrowed the definition of asbestos, and precluded defendants from using an affirmative defense not authorized by the Clean Air Act. The latest resolution puts to bed a string of appeals that prosecutors brought before the 9th Circuit last summer, arguing that Molloy's decisions hindered the government's efforts to bring Grace to trial, a... (Missoulian, MT)
Miller County jailer arrested for sexual contact with inmate Sep 12, 2007
Davidson and Gavette gave verbal and written statements to investigators that the sexual intercourse was consensual but under Missouri law, a jail or prison employee cannot have sexual contact with an inmate and the onsent of a prisoner or offender is not an affirmative defense against the charge, which is a Class D felony. Abbott said he called in the Water Patrol for assistance because he wanted all leads followed and all allegations investigated immediately. (Jefferson City News Tribune, MO)
Boone Police announce two new programs Sep 5, 2007
Clerks who successfully complete an online exam will be Iowa Pledge Certified and the retail establishment will receive an affirmative defense against a civil penalty if the certified clerk makes an illegal sale. "The Iowa Pledge Retailer Certification Classes are a great way for clerks to prepare themselves to refuse illegal tobacco sales," he said. (Boone Today, IA)
Counties, cities set their own marijuana limits Aug 2, 2007
A California Supreme Court decision in People v. Wright reaffirmed that SB 420 specifically provided an affirmative defense to the crime of transporting marijuana to a qualified patient or a person with a state identification card who transports or processes marijuana for his or her own personal medical use. In addition, the Court found that the amounts of marijuana described in SB 420 constitute a floor, not a ceiling, on the amount of marijuana a qualified patient may possess; and. (Mount Shasta News, CA)
It's not over for Coulter Aug 2, 2007
One too many Chardonnays is an affirmative defense for accidently rolling up to the wrong voting precint. It could happen to anyone. (The Palm Beach Post)
Where's the Sheriff of the Wild Wild Web? Jul 31, 2007
The Bates decision also suggests that a defendant can raise CDA immunity by way of a Rule 12(b)(6) motion to dismiss under the Federal Rules of Civil Procedure, even though a defendant's entitlement to "immunity" generally is considered an affirmative defense and, as such, not a matter properly subject to 12(b)(6) resolution. The magistrate judge in Bates held that CDA immunity could be raised in a Rule 12(b)(6) motion, reasoning that delaying consideration of a CDA defense would. (Law.com)
Next step in Birtzer case: Let's talk Jul 3, 2007
Former Chippewa Gal wrote on Jul 2, 2007 6:12 PM:" Defense waiving the prelim hearing... HMMM.... Sounds like a high priced smart / knowledgeable Defense Attorney and "Affirmative Defense" to me; "Yes" I committed the crime, but I have a defense (mitigating circumstance), so I'm going to plead "Not Guilty" at the return date, take my chances on not getting a Class A Felony penalty charge (life in prison). A even smarter DA would either stick to his guns and go to trial (venue outside of... (Chippewa Falls Chippewa Herald, WI)
Alcohol compliance checks in Wells Jun 21, 2007
"According to state alcohol officials, the only affirmative defense under state law as far as obtaining identification is a Maine State Driver's License or ID Card. Otherwise the burden of proof is on the seller to show that reasonable precautions were taken to insure that the purchaser is not a minor."Please join us in seeing that laws relating to alcohol possession, consumption, and sales in Wells are adhered to and help us to keep alcohol out of the hands of minors. " Reader Reaction These... (Seacoast New Hampshire)
Lawyers Claim Berthoud Accident Victims Were Drunk May 21, 2007
At no point has alcohol or the allegations outlined in the Notice of Affirmative Defense ever been mentioned. Michelle Berra was charged with two counts of careless driving resulting in bodily injury because the Larimer County District Attorneys Office had probable cause to believe she was at fault in this terrible accident. (CBS 4, CO)
... Council postpones smoking ban vote; to meet next week ... Kirksville among local schools honored at dinner ... ';var marqueewidth="350px";var marqueeheight="20px";var marqueebgcolor="#FFFFFF";////NO NEED TO EDIT BELOW THIS LINE////////////var pauseit=1;var marqueespeed=1 //slow speed down by 1 for NSvar copyspeed=marqueespeedvar pausespeed=(pauseit==0)? copyspeed: 0var iedom=document.all||document.getElementByIdif (iedom)document.write(''+marqueecontent+'')var actualwidth=''var cross_marquee, ns_marqueefunction populate(){if (iedom){cross_marquee=document.getElementById? document.getElementById("iemarquee") : document.all.iemarqueecross_marquee.style.left=parseInt(marqueewidth)+8+"px"cross_marquee.innerHTML=marqueecontentactualwidth=document.all? temp.offsetWidth : document.getElementById("temp").offsetWidth}else if (document.layers){ns_marquee=document.ns_marquee.document.ns_marquee2ns_marquee.left=parseInt(marqueewidth)+8ns_marquee.document.write(marqueecontent)ns_marquee.document.close()actualwidth=ns_marquee.document.width}lefttime=setInterval("scrollmarquee()",20)}window.onload=populate;function scrollmarquee(){if (iedom){if (parseInt(cross_marquee.style.left)>(actualwidth*(-1)+8))cross_marquee.style.left=parseInt(cross_marquee.style.left)-copyspeed+"px"elsecross_marquee.style.left=parseInt(marqueewidth)+8+"px"}else if (document.layers){if (ns_marquee.left>(actualwidth*(-1)+8))ns_marquee.left-=copyspeedelsens_marquee.left=parseInt(marqueewidth)+8}}if (iedom||document.layers){with (document){document.write('')if (iedom){write('')write('')write('')write('')}else if (document.layers){write('')write('')write('')}document.write('')}}Thursday, May 17, 2007 Riley Holzmeier, 7, takes part in a candlelight vigil Tuesday night honoring law enforcement members that were killed in the line of duty. The vigil took place outside the Adair County Courthouse as part of National Police Week. (Al Maglio/Kirksville Daily Express/AP) Council postpones smoking ban vote; to meet next week May 17, 2007
One part of the amendment on Tuesday's agenda would have extended enforcement to businesses that voluntarily go smoke-free, and another provision would have explicitly limited an affirmative defense provision. Mayer proposed these changes along with seven others last week, including expanding the ban to include all public places, places of employment, outdoor seating areas and the buildings of membership associations, such as the Shrine Club, Moose Lodge and Country Club, when they are open to... (Kirksville Daily Express, MO)
Software Monitors Executives' Trading, Keeps Them In Line May 16, 2007
"Then, if somebody sues them for insider trading, they can point to the plan for an affirmative defense.". The RSS system manages an interview process for those who plan to trade stock. (Investors Business Daily)
Medical Marijuana User's Conviction Reversed May 4, 2007
The decision may be the first successful "affirmative defense" of a medical marijuana case in Washington, one of 11 states that allow its use with a doctor's recommendation, the man's lawyer, Frank L. Cikutovich, said. Loren Hanson, 64, met the definition of a "qualifying patient" under the state Medical Marijuana Act, even though he did not have a prescription at the time his motel was raided, the state Court of Appeals ruled Tuesday. (San Francisco Chronicle -- Crime)
Appeals court reverses marijuana conviction on medical grounds May 3, 2007
Hanson's lawyer, Frank L. Cikutovich, said the reversal of Hanson's conviction for manufacturing pot may be the first successful "affirmative defense" of a medical marijuana case in Washington, one of 11 states that allow its use with a doctor's recommendation ... Writing in dissent, Judge Stephen M. Brown argued that regardless of the timing of the authorization, the case should have been returned to Superior Court for a hearing on whether the 34 plants that were seized exceeded a 60-day supply... (Seattle Times)
Medical marijuana laws by state Apr 17, 2007
A 13th state, Maryland, has established an "affirmative defense" law, which protects medical marijuana patients from jail but not arrest ... Affirmative defense provided only for those registered with the state ... Others in compliance with the state law may use affirmative defense. (USA Today -- Money)
Immigration reform bill worries employers, lawyers Mar 26, 2007
"It provides affirmative defense to the employer against a claim that it knowingly hired an undocumented worker," she said. Zayra Taupier, human resources manager for Sunrise-based call center company PRC, said the program is a big help. (South Florida Business Journal, FL)
Tobacco sales class offered to retailers Mar 11, 2007
Retailers can use the certification program as an affirmative defense from civil penalty once in a four year period if a certified clerk sells tobacco to a minor. To register for the class, visit www. (The Hawk Eye)
Man accused of killing father unfit for trial; tells judge he's ready to plead guilty Feb 17, 2007
While the examiners and Bernstein discussed an "affirmative defense," such as pleading not guilty by reason of insanity, Pagnam couldn't remember those discussions. In concluding he is incompetent, the team said Pagnam "lacked motivation to weigh the evidence against him and to consider all legal options, and repeatedly stated, 'I want this behind me.'" Pagnam was committed to the custody of the state Department of Mental Health and Addiction Services for 90 days. (Journal Inquirer, CT)
Moser shoots down gun law Feb 9, 2007
f a citizen wishes to do so, a firearm can easily be carried openly for everyone to see or by relying on the Affirmative Defense Statute. Gumm spoke against the ordinance before the council. (Columbus Telegram, NE)
82% oppose OHV change Feb 8, 2007
Deseret Morning News graphic One of the major changes in the bill is an "affirmative defense" for people who transport unregistered off-road vehicles under specific circumstances. The defense would help those who get ticketed for unregistered OHVs if they were taking them to get repaired or selling them. (Deseret News)
Chief supports expanded gun law Feb 4, 2007
Colorado also has self-defense laws, which a person can use as an affirmative defense for his or her actions. Self-defense basically means he or she was justified in those actions as per the statute. (Montrose Daily Press, CO)
Defendant in East Hartford triple murder trial takes the stand Jan 19, 2007
The pair then filed a notice that they intended to use an affirmative defense and present evidence of "extreme emotional disturbance.". Tullius and Mambrino objected to that latter filing, saying that in three years of pretrialing the case, Culligan and Lorenzen had repeatedly assured them they wouldn't make a psychiatric defense claim. (Journal Inquirer, CT)
Gun found on Kendall was murder weapon, expert says Jan 13, 2007
Such an affirmative defense could result in jurors finding Kendall guilty of a lesser crime, such as manslaughter. That notice was filed 15 minutes before the start of evidence on Jan. 2 despite objections by prosecutors. (Journal Inquirer, CT)
Kendall's lawyers: Evidence 'nearly overwhelming' as triple murder trial gets under way Jan 4, 2007
He also said he understood the judge's role: "to oversee what's going on in this court." The defense also filed a notice that they intend to present evidence of "extreme emotional disturbance" - an affirmative defense that could result in jurors finding Kendall guilty of a lesser charge, such as manslaughter. However, Mambrino and Tullius filed an objection to the notice, claiming that in nearly three years of pretrial conferences, the defense has said repeatedly that they weren't planning to... (Journal Inquirer, CT)
