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CA man sentenced on drug charge in fed court in SD
Court News | 2014/02/28 15:19
A California man has been sentenced in federal court in South Dakota for his role in a conspiracy to distribute marijuana.

U.S. Attorney Brendan Johnson says 29-year-old Brett McFarland, of Korbel, Calif., was sentenced to five years in prison to be followed by four years of supervised release.

McFarland pleaded guilty last November to a drug distribution conspiracy charge. A money laundering conspiracy charge was dropped.

Johnson says McFarland has agreed to forfeit to the government his interest in proceeds from the sale of property in Petrolia, Calif., that was bought with drug proceeds.


Lawyers for Boston Marathon suspect due in court
Court News | 2014/02/10 14:40
Federal prosecutors and lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev will be in court this week for the first time since U.S. Attorney General Eric Holder authorized prosecutors to seek the death penalty against Tsarnaev.

A status conference is scheduled Wednesday in U.S. District Court.

The 20-year-old Tsarnaev is charged with carrying out a terrorist attack that killed three people and injured more than 260. Prosecutors say he and his older brother, Tamerlan Tsarnaev, built pressure cooker bombs, then placed them near the finish line of the marathon last April 15.

Prosecutors announced Jan. 30 that they will seek the death penalty against Tsarnaev. He has pleaded not guilty to a 30-count federal indictment.

Tamerlan Tsarnaev died following a shootout with police.


Supreme Court orders stay of execution
Court News | 2014/01/30 15:09
The U.S. Supreme Court granted a temporary stay of execution for Missouri death row inmate Herbert Smulls on Tuesday night.

Justice Samuel Alito signed the order that was sent out after President Barack Obama's State of the Union speech, about two-and-a-half hours before Smulls was scheduled to die at 12:01 a.m. Wednesday.

Smulls' lawyer, Cheryl Pilate, had made last-minute pleas Tuesday to spare his life, focusing on the state's refusal to disclose from which compounding pharmacy they obtain the lethal-injection drug, pentobarbital. Missouri has argued the compounding pharmacy is part of the execution team _ and therefore its name cannot be released to the public.

Smulls, 56, was convicted and sentenced to death for killing a St. Louis County jeweler and badly injuring his wife during a 1991 robbery.

Pilate says the stay is temporary while the high court reviews the case, but she is hopeful the stay will become permanent.


Supreme Court Rules Against Steelworkers' Claim
Court News | 2014/01/30 15:08
The Supreme Court says steelworkers do not have to be paid for time they spend putting on and taking off protective gear they wear on the job.

The court was unanimous Monday in ruling in favor of United States Steel Corp. over workers' claims that they should be paid under the terms of federal labor law for the time it takes them to put on flame-retardant jackets and pants, safety glasses, earplugs, hardhats and other equipment.

Justice Antonin Scalia said for the court that the labor agreement between the company and the workers' union says the employees don't get paid for time spent changing clothes. Scalia said most of the items count as clothing. He said earplugs, glasses and respirators are not clothing, but take little time to put on.


Lawmakers push back against Washington high court
Court News | 2014/01/27 14:07
Washington state's highest court has exercised an unusual amount of power on education funding, and it's prompted some lawmakers to raise constitutional concerns.

Before last year's legislative session, the court ruled that the state wasn't meeting its obligation to amply pay for basic education. In response, the Legislature added about $1 billion in school-related spending, and lawmakers widely agree they'll add more funding in coming years.

Earlier this month, the court went a step further, analyzing specific funding targets while telling lawmakers to come back with a new plan by the end of April.

Those specific demands have irked budget writers in the Legislature.

"They are way out of their lane," said Republican Sen. Michael Baumgartner.

Baumgartner expects lawmakers will continue adding "substantially new resources" to the state education system, but he said the court's position could erode the proper balance of power in Olympia. Baumgartner hopes lawmakers will ignore the court's latest demands, or he fears justices may exercise more power going forward.


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