Appeals court allows capital retrial of Wolfe

A federal appeals court will allow a capital murder case to proceed against an accused drug kingpin from northern Virginia.
In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.
That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.
But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.
Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.

Court: Can human genes be patented?

DNA may be the building block of life, but can something taken from it also be the building block of a multimillion-dollar medical monopoly?
The Supreme Court grapples Monday with the question of whether human genes can be patented. Its ultimate answer could reshape U.S. medical research, the fight against diseases like breast and ovarian cancer and the multi-billion dollar medical and biotechnology business.
"The intellectual framework that comes out of the decision could have a significant impact on other patents - for antibiotics, vaccines, hormones, stem cells and diagnostics on infectious microbes that are found in nature," Robert Cook-Deegan, director for genome ethics, law & policy at Duke University, said in a statement.
"This could affect agricultural biotechnology, environmental biotechnology, green-tech, the use of organisms to produce alternative fuels and other applications," he said.
The nine justices' decision will also have a profound effect on American business, with billions of dollars of investment and years of research on the line. The U.S. Patent and Trademark Office has been awarding patents on human genes for almost 30 years.

Doctor to plead guilty in CA prescription case

A Southern California doctor has agreed to plead guilty to charges of illegally prescribing drugs to his patients at nightly meetings in Starbucks stores.
Court documents show 44-year-old Alvin Mingczech Yee entered into a plea agreement earlier this week. He is expected to plead guilty to seven counts at a April 17 hearing.
Prosecutors say Yee saw up to a dozen patients nightly at Starbucks coffee stores across suburban Orange County at meetings that cost up to $600. Prosecutors say Yee barely examined them but prescribed drugs including OxyContin and Vicodin.
Yee was arrested in October 2011 at his Irvine office and has been free on bond.

Arnold Law Office, LLC - Criminal Defense

If you are facing Oregon state or municipal criminal charges, it is important to promptly retain competent criminal defense legal counsel.  A thorough review by an Oregon criminal defense attorney followed by an investigation can often make or break a case. The most candid remarks from potential witnesses come before the state has had multiple opportunities to interrogate and prepare witnesses. This is especially important in serious felony cases or Measure 11 and other mandatory minimum sentence cases.

When your liberty is in jeopardy due to a criminal case, it is important to invest in an Oregon criminal defense lawyer who will give your case the attention that it and you deserve.  You need to make an informed decision about the merits and hazards of a jury trial versus the advantages of plea negotiations. 

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Court weighs warrantless blood tests in DUI cases

The Supreme Court is considering whether police must get a warrant before ordering a blood test on an unwilling drunken-driving suspect.

The justices heard arguments Wednesday in a case involving a disputed blood test from Missouri. Police stopped a speeding, swerving car and the driver, who had two previous drunken-driving convictions, refused to submit to a breath test to measure the alcohol level in his body.

The justices appeared to struggle with whether the dissipation of alcohol in the blood over time is reason enough for police to call for a blood test without first getting a warrant.

In siding with defendant Tyler McNeely, the Missouri Supreme Court said police need a warrant to take a suspect's blood except when a delay could threaten a life or destroy potential evidence.

Court allows hearings in Nevada abortion case

The Nevada Supreme Court on Tuesday denied a request to block a judge's hearings into the health risks of a mentally impaired woman's pregnancy.

The court's unanimous ruling allowed Washoe County District Judge Egan Walker to resume the evidentiary hearings Tuesday morning in a case that has drawn the attention of national anti-abortion groups.

The 32-year-old woman's parental guardians asked the court Friday to halt the hearings, saying Walker lacks the authority to terminate the pregnancy of their daughter, who has the mental capacity of a 6-year-old.

They claim they have exclusive authority over her health care decisions, and they want their daughter to carry the baby to term in line with their Catholic religious beliefs.

But the high court sided with Walker, saying he has the authority to monitor the woman's welfare and hold the hearings.

Justices noted the guardians failed to file an annual report regarding their daughter's condition and their performance of duties as required by state law. They also said the court obtained information about concerns over the woman's medical condition.

"The purpose of the evidentiary hearings at this time is merely to obtain information in order to make well-reasoned and informed decisions regarding the ward's medical care," justices wrote. "Under these circumstances, we conclude that the district court has not exceeded its jurisdiction or arbitrarily or capriciously exercised its discretion."

Attorney Jason Guinasso, who represents the guardians, was tied up in Tuesday's hearing and unavailable for immediate comment, according to his secretary.

Guinasso has said he's aware of only one similar case in the country. It involved a Massachusetts judge who ordered a mentally ill 31-year-old woman to have an abortion and to be sterilized against her wishes. The state Appeals Court overturned the decision Jan. 17.

The Nevada couple said that while the pregnancy poses health risks to their daughter and the baby, medical experts back them in their decision to continue the pregnancy. The woman suffers from epilepsy and is on medication.

Eugene, Oregon, Personal Injury Lawyer C. Michael Arnold

We prepare each Oregon personal injury case for settlement as if we were going to trial. No questions are left unanswered and no insurance settlement dollars are left on the table. We are not a personal injury mill that takes your case, puts it in the hopper, and then reacts to the insurance company's offer. We prepare your case from the beginning for the best settlement or trial result.

To protect your interests, you need to hire an Oregon trial lawyer, not a settlement lawyer. When interviewing potential Eugene, Or., personal injury attorneys, ask them how many jury trials they've had in the last two years. Trial law is not something an attorney can dabble in.  Just as you wouldn't have your family doctor conduct open heart surgery on you, you need an Oregon trial and personal injury specialist.

Mike Arnold, Eugene, Oregon Accident/Injury Attorney

Emilia Gardner, Trial LawyerOregon serious injury attorney C. Michael Arnold has the trial experience to give you a fair assessment of your case without giving you unreasonable expectations at your initial consult.

If you or a loved one has been injured by the actions or inactions of another, you need competent and experienced representation from an experienced Oregon trial attorney. Remember that the insurance companies, yours included, are not your friends. They are businesses interested in the bottom line and are accountable to their shareholders. Once you have a personal injury claim open, you become a liability to them. They are interested in ending your claim as soon as possible with as little payout as possible.

A personal injury or wrongful death attorney can deal with the insurance companies on your behalf and leave you to the important jobs of getting better and living your life. If you and your attorney have a contingent fee agreement, then retaining a personal injury attorney early on to deal with the insurance companies costs you the same as waiting.

Mike Arnold has established a well-deserved reputation as an effective and highly respected personal injury lawyer in Eugene, throughout the Willamette Valley and in Southern Oregon, and has great expertise in a number of different areas of law relating to personal injuries. To contact him for a consultation call (541) 338-9111 or visit on the web to fill out a contact form http://www.arnoldlawfirm.com/personalinjury.html