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Ohio high court won't hear challenge over bite-mark evidence
Headline News | 2019/06/16 06:50
The Ohio Supreme Court won't hear an appeal from a man sentenced to death for the 1985 rape, torture and slaying of a 12-year-old boy.

Attorneys for 52-year-old Danny Lee Hill have unsuccessfully argued bite-mark evidence used against him was unreliable and that he should get a new trial.

A county judge rejected his request, and a state appeals court upheld that decision. The state Supreme Court this week declined to consider a further appeal.

Hill was convicted of aggravated murder in the killing of Raymond Fife in Warren.

Hill is separately challenging his eligibility for the death penalty, citing intellectual deficits. A federal appeals court is slated to hear arguments in that case this fall.




Semenya wins in court again; claims was denied race entry
Headline News | 2019/06/10 06:53
Caster Semenya has won another court decision in her battle to get track and field's testosterone regulations thrown out.

The Olympic 800-meter champion's lawyers say the IAAF, the governing body of athletics, has failed with an urgent request to Switzerland's supreme court to have the testosterone rules immediately re-imposed on Semenya.

The Swiss supreme court ruled earlier this month that the regulations should be temporarily suspended for Semenya, who has appealed against them.

That full appeal could take a year or more to be heard. Semenya has requested the rules be suspended throughout the appeal process, possibly allowing her to run at this year's world championships without taking testosterone suppressing medication.

The IAAF has until June 25 to respond to Semenya's request for a long-term suspension of the rules.

Semenya also claims she was denied entry to the 800-meter race at the Diamond League event in Rabat, Morocco this weekend despite the court order allowing her to run in her favored race again.



Apps cost too much? Court allows suit adding to Apple’s woes
Headline News | 2019/05/12 04:04
Consumers can pursue a lawsuit complaining that iPhone apps cost too much, the Supreme Court ruled on Monday, adding to Apple’s woes that already include falling iPhone sales and a European investigation.

The lawsuit could have major implications for the tech giant’s handling of the more than 2 million apps in Apple’s App Store, where users get much of the software for their smartphones. While most of those apps are free to download, some impose fees for people to use the software and subscribe to the services.

In those cases, Apple charges a commission of 30%, a practice that the lawsuit contends unfairly drives up the price for the apps. Justice Brett Kavanaugh wrote the majority opinion that agreed the antitrust lawsuit can move forward in a lower court.

The court’s four liberal justices joined Kavanaugh, one of President Donald Trump’s two high court appointees, to reject a plea from Apple to end the lawsuit at this early stage. The decision did not involve the merits of the suit.

Apple argues it’s merely a pipeline between app developers and consumers, and that iPhone users have no claims against Apple under antitrust law and a 1977 Supreme Court decision. Tens of thousands of developers create the software and set the price, Apple says.

“We’re confident we will prevail when the facts are presented and that the App Store is not a monopoly by any metric,” Apple said in statement issued in response to Monday’s ruling. The lawsuit could take years to wind to its conclusion.



News attorneys: Opioid distribution data should be public
Headline News | 2019/05/07 17:28
Attorneys for news organizations argued Thursday that the U.S. public should be allowed to see federal data about how prescription opioids were distributed as the nation’s overdose crisis was worsening.

They urged a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati to overturn a lower court judge’s denial of access to the information. The judges will rule later.

“The value of transparency here is great,” said Karen C. Lefton, an Akron, Ohio, attorney representing The Washington Post. The data concerns “a public health crisis” that affects many more people than a typical case, she said.

The data is a key piece of evidence in hundreds of lawsuits filed by state and local governments against companies that make and distribute the drugs. The U.S. Drug Enforcement Administration database details the flow of prescription painkillers to pharmacies, showing the number and doses of pills.

A Justice Department attorney told the judges releasing the data would compromise investigations.

“This is an issue of really critical importance to the United States and DEA,” said government attorney Sarah Carroll. Making the information public, she said, “would tip defendants off to the scope of DEA investigations.”

Cleveland-based U.S. District Judge Dan Polster, who is overseeing more than 1,500 of the lawsuits, had ruled in July 2018 that the information cannot be made public. He said that doing so would reveal trade secrets. The Post and the HD Media newspaper chain, which had asked the court for the data, then appealed to the federal circuit.

The appellate judges raised a number of questions about Polster’s orders keeping the data secret and hundreds of filings in the case that are under seal.

Judge Eric Clay said it seemed that the secrecy in the case had “just gone overboard.” He told Carroll, of the Justice Department, that “just saying” cases would be compromised seems inadequate.


Trump, GOP states ask appeals court to kill ‘Obamacare’
Headline News | 2019/05/06 00:26
Taking a harder line on health care, the Trump administration joined a coalition of Republican-led states Wednesday in asking a federal appeals court to entirely overturn former President Barack Obama’s signature health care law — a decision that could leave millions uninsured.

Congress rendered the Affordable Care Act completely unconstitutional in 2017 by eliminating an unpopular tax penalty for not having insurance, the administration and GOP states told the court.

The “Obamacare” opponents hope to persuade the 5th U.S. Circuit Court of Appeals in New Orleans to uphold U.S. District Court Judge Reed O’Connor’s ruling late last year striking down the law.

If the ruling is allowed to stand, more than 20 million Americans would be at risk of losing their health insurance, re-igniting a winning political issue for Democrats heading into the 2020 elections. President Donald Trump, who never produced a health insurance plan to replace “Obamacare,” is now promising one after the elections.

The Trump administration acknowledged it had changed positions in the case. Early on, the administration argued that only certain key parts of the ACA, such as protections for people with pre-existing medical conditions, should be invalidated. But it said other important provisions such as Medicaid expansion, subsidies for premiums and health insurance markets could continue to stand.

Wednesday, the administration said it had reconsidered in light of O’Connor’s ruling. “The remaining provisions of the ACA should not be allowed to remain in effect — again, even if the government might support some individual positions as a policy matter,” the administration wrote in its court filing.

The Justice Department’s legal brief also seemed to be trying to carve out some exceptions. For example, the administration said the ACA’s anti-fraud provisions should remain in effect.


Ohio top court to hear arguments in TV news defamation case
Headline News | 2019/04/23 16:31
Ohio's Supreme Court will hear arguments Wednesday in an appeal involving a defamation lawsuit that alleged a television station falsely labeled three siblings as "robbers."

A Columbus family sued WBNS-TV in 2016 after the station reported on a hover board robbery at Fort Rapids Indoor Waterpark in Columbus and included a surveillance photo showing the faces of three unnamed individuals. Police had released the photo, asking for the public's help in identifying the three individuals they said may have been involved.

The television's website story was headlined, "Robbers Put Gun to Child's Head and Steal Hoverboard," and underneath was the photo of the three individuals.

Nanita Williams saw the broadcast story and realized it was her three children in the photo, the family's lawsuit said. She took them to a Columbus police station where they told investigators they had gone to the park that day to deliver Thanksgiving dinner to someone who worked there.

Columbus police then issued a second news release saying the three individuals in the surveillance photo weren't the robbery suspects and asked news outlets to stop using the photo. WBNS stopped broadcasting stories about the robbery and removed the photo from its website, but kept the story about the incident online.


Arkansas faces new court fight over sedative for executions
Headline News | 2019/04/22 23:27
A federal lawsuit filed by death row inmates has renewed a court fight over whether the sedative Arkansas uses for lethal injections causes torturous executions, two years after the state raced to put eight convicted killers to death in 11 days before a previous batch of the drug expired.

Arkansas recently expanded the secrecy surrounding its lethal injection drug sources, and the case heading to trial Tuesday could impact its efforts to restart executions that have been on hold due to a lack of the drugs. It’ll also be the latest in a series of legal battles over midazolam, a sedative that other states have moved away from using amid claims it doesn’t render inmates fully unconscious during lethal injections.

States that want to avoid unnecessarily inhumane executions will be watching closely, said Robert Dunham, executive director of the Death Penalty Information Center, which has criticized the way states carry out the death penalty.

But, Dunham added, “states that are watching because they want to figure out how to just execute people will be looking to see what Arkansas is able to get away with.”

Only four of the eight executions scheduled in Arkansas over 11 days in 2017 actually happened, with courts halting the others. The state currently doesn’t have any executions scheduled, and Arkansas’ supply of the three drugs used in its lethal injection process has expired. Another round of multiple executions is unlikely if Arkansas finds more drugs, since only one death row inmate has exhausted all his appeals.

This time, Arkansas isn’t racing against the clock to execute inmates before a drug expires. The state currently doesn’t have any execution drugs available, but officials believe they’ll be able to get more once the secrecy law takes effect this summer.

State Attorney General Leslie Rutledge says the inmates in the case have a very high burden to meet and cites a U.S. Supreme Court ruling last month against a Missouri death row inmate. Justice Neil Gorsuch, writing for the majority in that case, wrote that the U.S. Constitution “does not guarantee a prisoner a painless death.” Rutledge called the federal case in Arkansas the latest attempt by death row inmates to delay their sentences from being carried out.


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