Saturday, November 24, 2018

Russian court challenges International Olympic Committee

Court ruled Wednesday that bobsledder Alexander Zubkov, who carried the Russian flag at the opening ceremony of the 2014 Sochi Games, should still be considered an Olympic champion despite having been stripped of his medals because of doping. A CAS ruling upholding his disqualification is not enforceable in Russia, the court said. CAS, however, is the only valid arbiter for sports disputes at the games, according to the Olympic Charter. In rare instances, Switzerland's supreme court can weigh in on matters of procedure. "The CAS decision in this case is enforceable since there was no appeal filed with the Swiss Federal Tribunal within the period stipulated," the IOC told The Associated Press in an email on Thursday. "The IOC will soon request the medals to be returned." The law firm representing Zubkov said the Moscow court found the CAS ruling violated Zubkov's "constitutional rights" by placing too much of a burden on him to disprove the allegations against him. Zubkov won the two-man and four-man bobsled events at the Sochi Olympics but he was disqualified by the IOC last year. The verdict was later upheld by CAS. Zubkov and his teams remain disqualified in official Olympic results, but the Moscow ruling could make it harder for the IOC to get his medals back. "The decision issued by the Moscow court does not affect in any way the CAS award rendered ... an award which has never been challenged before the proper authority," CAS secretary general Matthieu Reeb told the AP.

Lump of coal? Taxes more likely for online gifts this season

Lump of coal? Taxes more likely for online gifts this season Shoppers heading online to purchase holiday gifts will find they're being charged sales tax at some websites where they weren't before. The reason: the Supreme Court. A June ruling gave states the go-ahead to require more companies to collect sales tax on online purchases. Now, more than two dozen have moved to take advantage of the ruling, many ahead of the busy holiday shopping season. "Will your shopping bill look any different? ... The answer right now is it depends," said Jason Brewer, a spokesman for the Retail Industry Leaders Association, which represents more than 70 major retailers. Whether shoppers get charged sales tax on their online purchases comes down to where they live and where they're shopping. Before the Supreme Court's recent decision , the rule was that businesses selling online had to collect sales tax only in states where they had stores, warehouses or another physical presence. That meant that major retailers such as Apple, Best Buy, Macy's and Target, which have brick-and-mortar stores nationwide, were generally collecting sales tax from online customers. But that wasn't the case for businesses with a big online presence but few physical locations. Now, states can force out-of-state sellers to collect sales tax if they're doing a fair amount of business in the state. That means retailers such as Overstock.com, home goods company Wayfair and electronics retailer Newegg can be required to collect tax in more states. Those companies were involved in the case before the Supreme Court, but a wide range of businesses from jewelry website Blue Nile to clothing and outdoor company L.L. Bean and electronics retailer B&H Photo-Video are also affected. Before the Supreme Court's decision, Overstock was collecting sales tax in eight states. Now, it's collecting sales tax nationwide. Jonathan Johnson, a member of Overstock's board of directors, said a small number of customers reached out to ask about the change when it happened but the company now hasn't had a question about it in months. Wayfair, for its part, was collecting sales tax in 25 states before the decision. Now it's collecting sales tax in 36 of the 45 states with a sales tax.

Saturday, November 10, 2018

Court fight likely in 10-year-old girl’s homicide case

When a 10-year-old Wisconsin girl was charged with homicide this week in the death of an infant, it was a rare — but not unprecedented — case of adult charges being filed against someone so young. The girl told investigators she panicked after dropping the baby at a home day care and then stomped on his head when he began crying. She sobbed during a court appearance in Chippewa County, where she was led away in handcuffs and a restraint. The age at which children get moved to adult court varies by state and can be discretionary in some cases. Wisconsin is an outlier in that state law requires homicide or attempted homicide charges to be initially filed in adult court if the suspect is at least 10 years old, according to Marcy Mistrett, chief executive at the Campaign for Youth Justice. Wisconsin is among 28 states that allow juveniles to be automatically tried in adult court for certain crimes, including murder. For most states, the age at which that is triggered is 15 or 16 years old — while some states have decided 10 is even too young for a child to be held responsible in the juvenile justice system, Mistrett said. Moving a case to juvenile court depends on establishing certain factors, such as whether the child would get needed services in the adult system, said Eric Nelson, a defense attorney who practices in Wisconsin. For example, prosecutors in an attempted murder case involving a 12-year-old schizophrenic girl who stabbed a classmate said she belonged in adult court, where she could be monitored for years for a disease that isn’t curable. Defense attorneys unsuccessfully argued against those claims. Homicide cases involving 10-year-old defendants are extremely rare. From 2007 through 2016, 44 children aged 10 or younger were believed to be responsible for homicides in the U.S., according to data compiled by Northeastern University criminologist James Alan Fox. Only seven of those children were girls. In 2003, two 12-year-old boys fatally beat and stabbed 13-year-old Craig Sorger after they invited him to play in Washington state. Evan Savoie and Jake Eakin ultimately pleaded guilty in adult court and were sentenced to 20 years and 14 years in prison, respectively.

Wednesday, October 31, 2018

Actor John Jarratt appears in Sydney court on rape charge

Australian actor and director John Jarratt appeared in a Sydney court on Tuesday charged with raping a woman 42 years ago. The 66-year-old actor told the Downing Center Local Court through his lawyer Bryan Wrench on Tuesday that he will deny the charge. The accuser, now aged 66, told police in December 2017 that Jarratt raped her in the apartment they shared in the Sydney suburb of Randwick in September 1976. Jarratt was charged with one count of rape in August. Jarratt is best known for his serial-killer character Mick Taylor in the "Wolf Creek" horror movies and television series. He appeared in his first two movies, "The Great Macarthy" and "Picnic at Hanging Rock," in 1975. It was not immediately clear what sentence Jarratt would face if convicted. He is expected to formally plead not guilty when he returns to the court for a preliminary hearing on Nov. 29.

Court orders Japan company to pay 4 Koreans for forced labor

In a potentially far-reaching decision, South Korea's Supreme Court ruled that a major Japanese steelmaker should compensate four South Koreans for forced labor during Japan's colonial rule of the Korean Peninsula before the end of World War II. The long-awaited ruling, delivered Tuesday after more than five years of deliberation at Seoul's top court, could have larger implications for similar lawsuits that are pending in South Korea and will likely trigger a diplomatic row between the Asian U.S. allies. Japanese Prime Minister Shinzo Abe said Tokyo will respond "resolutely" to the ruling, which he described as "impossible in light of international law." He said the ruling violated a 1965 treaty between Seoul and Tokyo that was accompanied by Japanese payments to restore diplomatic ties. Japanese Foreign Minister Taro Kono said Japan could potentially take the case to the International Court of Justice. "Today's ruling by the South Korean Supreme Court has one-sidedly and fundamentally damaged the legal foundation of Japan-South Korea relations," Kono said. South Korean President Moon Jae-in had no immediate reaction to the ruling. South Korean Foreign Ministry spokesman Noh Kyu-duk said Tokyo and Seoul "should gather wisdom" to prevent the ruling from negatively affecting their relations. The court said Japan's Nippon Steel & Sumitomo Metal Corp. should provide compensation of 100 million won ($87,680) to each of the four plaintiffs, who were forced to work at Japanese steel mills from 1941 to 1943. Among them, only 94-year-old Lee Chun-sik has survived the legal battle, which extended nearly 14 years.

Saturday, October 20, 2018

Supreme Court hopeful had DWI charge in 2009

A candidate for the North Carolina Supreme Court pleaded guilty more than nine years ago to trespassing and driving while impaired. The Charlotte Observer reports Republican Chris Anglin was stopped by police in Greensboro in January 2009 and charged after he registered a blood-alcohol level of 0.14, nearly twice the legal limit. The following September, he pleaded guilty. That December, Anglin was charged with attempted breaking and entering and pleaded guilty to second-degree trespassing. On Wednesday, he attributed both cases to struggles with alcohol in his 20s. Both incidents happened while Anglin was a student at Elon University School of Law. He said that in 2010, he sought help for his drinking problem with a lawyer-assistance program. He said he's since gotten sober. Anglin criticized N.C. Republican Party Executive Director Dallas Woodhouse for emailing Anglin's arrest records to a listserv the GOP maintains. Anglin has feuded with the GOP since he switched party affiliation and entered the Supreme Court race. Woodhouse has previously said Anglin "will be treated like the enemy he is," and Anglin said the GOP is acting desperate "by sending something out that occurred almost a decade ago." Republicans have described Anglin as a Democratic plant in the race and Woodhouse said as much Wednesday, writing that "Democrats had one of their own with a very questionable background pretend to be a Republican, so they could try and fool the voters." Republican legislators responded earlier this summer to Anglin's campaign by passing a law, which was later overturned as unconstitutional, that would have banned Anglin from listing his Republican Party on the ballot even though his opponents could list their parties.

Court orders some fixes in Texas foster care

A federal appeals court says Texas must make improvements to abuse investigations within its foster care system and make sure workers have manageable caseloads, but the court also struck down dozens of other measures ordered by a judge. The 5th U.S. Circuit Court of Appeals issued the ruling Thursday in a years-long case focused on children in the state’s long-term care. U.S. District Judge Janis Graham Jack had ordered sweeping changes earlier this year. Jack’s order followed a December 2015 opinion in which she ruled the system unconstitutionally broken and said children labeled permanent wards of the state “almost uniformly leave state custody more damaged than when they entered.” The appeals court judges said they understood Jack’s frustration with the state failing to fix problems and agreed that “remedial action is appropriate.” But the judges said her order went “well beyond” what’s necessary for constitutional compliance. So while the appeals court said Texas was “deliberately indifferent” to the risk of harm posed by high caseloads and ordered the Texas Department of Family and Protective Services to come up with guidelines for manageable caseloads, the judges nixed Jack’s instruction for all sexualized children — either aggressor or victim — to be placed in a single-child home.