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Supreme Court won't take case of ex-NY assembly speaker
Court News | 2018/01/17 17:01
The Supreme Court has cleared the way for a re-trial of ex-New York Assembly Speaker Sheldon Silver.

The high court declined Tuesday to get involved in the case. That allows for a re-trial tentatively set for April to proceed.

Silver was sentenced to 12 years in prison after he was convicted of public corruption charges in late 2015. But the U.S. court of Appeals for the 2nd Circuit overturned that conviction last year and sent the case back to the trial court.

The appeals court said that the trial judge would need to instruct jurors on the law in a different manner to conform with a 2016 Supreme Court decision that reversed the public corruption conviction of former Virginia Gov. Bob McDonnell.


Hong Kong court to rule later on 3 activists' prison terms
Court Watch | 2018/01/16 18:06
Three Hong Kong activists will have to wait to learn the outcome of their final appeal Tuesday to overturn prison sentences for their roles in sparking 2014's massive pro-democracy protests in the semiautonomous Chinese city.

Judges at Hong Kong's top court said they would issue their decision at a later, unspecified date following the appeal hearing for Joshua Wong, Nathan Law and Alex Chow against the sentences of up to eight months. Bail for the three was extended.

The three were initially let off with suspended or community service sentences after they were convicted of taking part in or inciting an unlawful assembly by storming a courtyard at government headquarters to kick-off the protests.

But the case sparked controversy when the justice secretary requested a sentencing review that resulted in stiffer sentences, raising concerns about rule of law and fears that the city's Beijing-backed government is tightening up on dissent.

The trio's lawyers said the lower court overstepped its boundaries and put too much emphasis on the need for deterrence in handing down the revised harsher sentence.

"Laying down a heavy sentence will have a deterrent effect, but a balance has to be held between a deterrent and stifling young idealistic people," Law's lawyer, Robert Pang, told the judges.


Supreme Court to hear sales tax collection case
Court News | 2018/01/15 18:06
The Supreme Court agreed Friday to wade into the issue of sales tax collection on internet purchases in a case that could force consumers to pay more for certain purchases and allow states to recoup what they say is billions in lost revenue annually.

Under previous Supreme Court rulings, when internet retailers don't have a physical presence in a state, they can't be forced to collect sales tax on sales into that state. Consumers who purchase from out-of-state retailers are generally supposed to pay the state taxes themselves, but few do. A total of 36 states and the District of Columbia had asked the high court to revisit the issue.

Large brick-and-mortar retailers like Walmart and Target have long bemoaned the fact that they have to collect sales tax on online purchases because they have physical stores nationwide. Meanwhile, smaller online retailers, who don't have vast networks of stores, don't have to collect the tax where they don't have a physical presence.

Internet giant Amazon.com fought for years against collecting sales tax but now does so nationwide, though third-party sellers on its site make their own decisions. But the case before the Supreme Court does directly affect other online retailers, including Overstock.com, home goods company Wayfair and electronics retailer Newegg, who are part of the case the court accepted.

States say the court's previous rulings have also hurt them. According to one estimate cited by the states in a brief they filed with the high court, they'll lose out on nearly $34 billion in 2018 if the Supreme Court's previous rulings stand. The Government Accountability Office, which provides nonpartisan reports to Congress, wrote in a report last year that state and local governments would have been able to gain between $8.5 billion and $13 billion in 2017 if they could require out-of-state sellers to collect tax on sales into the state. All but five states charge a sales tax.


Court: Yes, there is doctor-patient confidentiality
Court News | 2018/01/14 18:06
Connecticut's highest court has ruled on an issue that most people may think is already settled, saying doctors have a duty to keep patients' medical records confidential and can be sued if they don't.

The Supreme Court's 6-0 decision Thursday overturned a lower court judge who said Connecticut had yet to recognize doctor-patient confidentiality.

The high court's ruling reinstated a lawsuit by former New Canaan resident Emily Byrne against the Avery Center for Obstetrics & Gynecology in Westport.

Byrne, who now lives in Montpelier, Vermont, alleged the doctor's office sent her medical file to a court without her permission — allowing the father of her child to look at it and use the information to harass her.

The Avery Center argued there is no duty for doctors to keep patients' information confidential.




Women taking their right to go topless to state's high court
Topics in Legal News | 2018/01/12 18:06
In a case that pits freedom of expression and equality against public decency, three women are challenging a New Hampshire city ordinance prohibiting public nudity and taking it to the state's highest court.

Heidi Lilley, Kia Sinclair and Ginger Pierro were ticketed in 2016 in Laconia after they went topless at Weirs Beach over Memorial Day weekend. Pierro was doing yoga, while the other two were sunbathing.

Some beachgoers complained and a police officer asked them to cover up. When they refused, they were arrested. A legal motion to dismiss a case against the women was denied so they have appealed it to the New Hampshire Supreme Court, which is expected to hear the case Feb. 1. The women want to the court to dismiss their conviction by invalidating the city's ordinance.

The three women argue there's no state law forbidding female toplessness and that the ordinance is discriminatory since men are allowed to go shirtless. They also contend their constitutional rights to freedom of expression were violated.

"The law in the state of New Hampshire is that it is legal for a woman to go topless so we're trying to get the town of Laconia to recognize and to stay with the state," Lilley said. "The town ordinance, in our opinion, is not constitutional. We're hoping the Supreme Court will see that."

The women are part of the Free the Nipple movement, a global campaign that argues it should be acceptable for women to bare their nipples in public, since men can. Supporters of the campaign also are taking their causes to courts with mixed success.

A U.S. District Court judge ruled in October that a public indecency ordinance in Missouri didn't violate the state constitution by allowing men, but not women, to show their nipples. But in February, a U.S. District Court judge blocked the city of Fort Collins, Colorado, from enforcing a law against women going topless, arguing it was based on gender discrimination. The city is appealing.''


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