Supreme Court allows truck driver's lawsuit against CBD maker
In a 5-4 ruling, the justices upheld an appeals court decision that allowed Douglas Horn to take legal action against Medical Marijuana, Inc., under a landmark federal law that is better known as a tool used by prosecutors to target organized crime.
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Alleged leader of Mexican kidnapping ring released after nearly 20 years in prison
MEXICO CITY -- The alleged leader of an infamous Mexican kidnapping ring walked out of a maximum security prison after nearly 20 years Friday, hours after a judge said there wasn't sufficient evidence to support the charges holding him. Interior Secretary Rosa Icela Rodríguez on Friday rattled off a list of appeals, injunctions and complaints filed over the years of Israel Vallarta's imprisonment in a case that never arrived at a verdict. Vallarta had been charged with organized crime and kidnapping, but a judge tossed those out Thursday. The Attorney General's Office did not immediately respond as to whether it would appeal. Vallarta was arrested in 2005, along with his girlfriend French citizen Florence Cassez. Cassez was eventually convicted and sentenced to 60 years on charges of aiding a kidnapping ring, in a case that soured relations between Paris and Mexico City. She acknowledged living with Vallarta at a ranch where kidnap victims were being held, but professed her innocence, saying she was unaware of their presence. One victim identified her as a kidnapper, but by voice only rather than by sight. A day after Cassez was arrested, police had forced her to take part in a staged raid on the ranch purportedly to rescue hostages and arrest suspects. It was covered by the media and broadcast on television. In January 2013 the Supreme Court overturned Cassez's conviction due to procedural and rights violations. She was released and became a cause celebre in France.
Hamilton Spectator
2 hours ago
- Hamilton Spectator
Fraud trial delayed a year over evidence issue
The trial for a former tire shop owner faced with 21 counts of fraud will be delayed another year, court heard last week. Richard Chaisson, 60, of Brunswick Drive, was set for a two-day trial starting Tuesday last week on 21 counts of fraud under $5,000 dated between Sept. 24, 2018, and Jan. 11, 2019, in Saint John. The charges were laid in January 2020 and relate to an investigation into complaints from customers of Chaisson's former business, Saint John Tire Ltd., police confirm. As the trial was set to begin, Crown prosecutor Andrew Pollabauer told Judge Scott Brittain that while meeting with witnesses that morning, an issue was raised that he had to discuss with the defence. About 15 minutes later, Chaisson's lawyer Charles Bryant said that evidence alleged to be business records had come to light that 'appears to be directly relevant' to both the Crown's case and the defence's case. 'I don't see an option but to request an adjournment of the trial,' Bryant said, saying that he believed it was 'in the vein of exceptional circumstances' for trial delay purposes. 'There's no way for the Crown or the court to have anticipated this ... but it's certainly in Mr. Chaisson's interest that we thoroughly examine this evidence,' he said. The Supreme Court has set down an 18-month presumptive time limit for cases in provincial court as part of the Charter right to be tried 'within a reasonable time,' with delay caused by the defence, delay waived by the defence and exceptional circumstances as possible exceptions. Bryant said his client was not concerned with the delay 'though it is his desire to get this trial done as soon as practicable.' Brittain said that 'these charges are old, but there's obviously a pretty clear reason for that,' with Chaisson being out on a warrant after allegedly failing to appear in court on Feb. 13, 2020, a month after charges were laid. Chaisson, who is charged in connection with failing to appear, was served an appearance notice Sept. 12, 2024 for a plea hearing Oct. 8, when he entered a plea of not guilty on all charges and was set for trial this month, according to court documents. 'I recognize there's a lot of witnesses too,' the judge said. 'I see no viable way forward than to grant the adjournment that has been requested.' Brittain asked if two days was going to be enough for the trial given the number of witnesses, and while Pollabauer said each witness would be 'relatively short,' the prosecutor said three days would be 'prudent.' The case was set for trial on June 1st, 2nd and 8th in 2026, with a pre-trial conference in November. 'This is an unfortunate circumstance, but these things happen,' Brittain told the court. 'In these circumstances the court really doesn't have much choice but to grant the adjournment when an issue.' In March 2019, Brunswick News reported that police were investigating Saint John Tire, on Rothesay Avenue, which had been the subject of complaints from customers who alleged they had paid for tires without receiving product. Corporate records obtained Monday show that a Richard Chaisson was the director of Saint John Tire, which is listed as dissolved. Saint John Police Force Staff Sgt. Shawna Fowler said Friday in an email that the charges against Chaisson were related to that investigation. The allegations against Chaisson have not been proven in court. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
NBC News
2 hours ago
- NBC News
Execution of Tennessee inmate with heart device can go forward despite claims it may shock him
Tennessee can move forward with next week's scheduled execution of a condemned man with a defibrillator after the state's highest court ruled the heart device does not need to be deactivated before he is put to death. Lawyers for inmate Byron Black, 69, had argued to a Davidson County Chancery Court last month that the device, if not disabled, may try to restore his heart and prolong his suffering as he is executed by lethal injection. But the Tennessee Supreme Court on Thursday reversed the lower court's ruling, finding that requiring the implanted heart regulating device to be switched off essentially amounts to a "stay of execution," which the chancery court does not have the authority to implement. The state Supreme Court justices, however, did note that there's nothing preventing the state and Black's legal team from reaching an agreement for a deactivation procedure to be done before his execution Tuesday morning. An implantable cardioverter defibrillator, or ICD, is installed in a patient's chest to deliver electric shocks to those with dangerously fast heartbeats and helps restore a regular rhythm. Attorneys for Black filed a request Thursday to the state Supreme Court to temporarily halt the execution, writing that he could otherwise "be subject to the severe pain and suffering of having his heart repeatedly shocked back into rhythm during his execution." One of his lawyers, Kelley Henry, also said she is asking Gov. Bill Lee to grant clemency for her client so that "Tennessee does not move forward with this gruesome spectacle." She also argued that Black is intellectually disabled and that his execution would violate the state Constitution. Black was convicted in the 1988 shooting deaths of his girlfriend, Angela Clay, 29, and her two daughters, Latoya, 9, and Lakeisha, 6. Nashville police said that Black had previously threatened harm to Clay because she was considering ending their relationship, according to her sister. Black previously faced three execution dates but those procedures were delayed, in part, because of a pause in state executions in 2022 due to issues in testing its lethal injection drugs. Tennessee resumed executions in May under a new lethal injection protocol using pentobarbital, a sedative. State Attorney General Jonathan Skrmetti said in a statement Thursday that he will "continue fighting to seek justice for the Clay family and to hold Black accountable for his horrific crimes." He added that the state's experts do not believe Black would suffer severe pain during his execution and also rejected the description of him as being intellectually disabled. In testimony last month before the Davidson County Chancery Court, medical experts for the state and Black argued over whether his ICD would, in fact, cause prolonged pain. "Mr. Black will not be feeling the shocks as he will be in a coma" brought on by the lethal injection process, testified Dr. Litsa Lambrakos, a cardiac electrophysiologist at the University of Miami Miller School of Medicine. But Dr. Gail Van Norman, an anesthesiology professor at the University of Washington who specializes in heart surgeries, suggested otherwise. She testified that the use of a potent amount of pentobarbital, which can cause death from respiratory failure, could unnecessarily trigger Black's defibrillator. "ICDs sometimes deliver shocks when they're not needed," she said. "This is devastating to patients." Black's execution is slated for Tuesday at 10 a.m., barring any court intervention or a reprieve from the governor. As the legal process plays out, whether Black would even find a medical professional to disable his device is unclear. At issue is also the timing of when his device would be deactivated — his health could be at risk if it were done too soon and his execution was put on hold at the last minute. Previously, a Tennessee Department of Correction official said that Nashville General Hospital would participate in such a procedure. But hospital spokeswoman Cathy Poole said the facility "has no role in state executions." "The correctional healthcare provider contracted by the Tennessee Department of Correction did not contact appropriate Nashville General Hospital leadership with its request to deactivate the implanted defibrillator," she said in a statement. "Our contract with the correctional healthcare provider is to support the ongoing medical care of its patients," Poole added. "This request is well outside of that agreement and would also require cooperation with several other entities, all of which have indicated they are unwilling to participate." The American Medical Association's code of ethics says physicians should not be forced to determine a prisoner's competency to stand execution or treat an incompetent condemned prisoner "if such activity is contrary to the physician's personal beliefs." "As a member of a profession dedicated to preserving life when there is hope of doing so, a physician must not participate in a legally authorized execution," the code says. While Black's case doesn't involve a doctor or hospital participating in an execution directly, the idea that the procedure is still part of the process would raise ethical questions for medical professionals, said Robin Maher, executive director of the nonprofit Death Penalty Information Center. Black's legal team also says he suffers from other physical ailments, including advanced dementia, brain damage and kidney disease. "I fear we are going to see many more of these situations as this population grows older," Maher said of death row inmates, who can spend decades behind bars appealing their cases before they are put to death. Restoring their health, either mentally or physically, only so they can be executed presents a further moral quandary, she added. "This is the kind of case in which the governor should issue a reprieve that would be the saving grace for Mr. Black," Maher said.
