4/17/2018
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Law Firm Web Design by Law Promo
Supreme Court again refuses to hear Blagojevich appeal
The Supreme Court for the second time has refused to hear an appeal by imprisoned former Illinois Gov. Rod Blagojevich of his corruption convictions.
The justices didn't comment Monday in letting stand the convictions and 14-year prison term the 61-year-old is serving. His scheduled release date is 2024.
Blagojevich's lawyers had wanted the high court to take up his case to make clear what constitutes illegal political fundraising. They argued that politicians are vulnerable to prosecution because the line between what's allowed and what's illegal is blurry.
His convictions included trying to extort a children's hospital for contributions and seeking to trade an appointment to the Senate seat Barack Obama vacated when he was elected president for campaign cash.
The court also refused to hear his 2016 appeal.
Question of sales tax on online purchases goes to high court
Online shoppers have gotten used to seeing that line on checkout screens before they click "purchase." But a case before the Supreme Court could change that.
At issue is a rule stemming from two, decades-old Supreme Court cases: If a business is shipping to a state where it doesn't have an office, warehouse or other physical presence, it doesn't have to collect the state's sales tax.
That means large retailers such as Apple, Macy's, Target and Walmart, which have brick-and-mortar stores nationwide, generally collect sales tax from customers who buy from them online. But other online sellers, from 1-800 Contacts to home goods site Wayfair, can often sidestep charging the tax.
More than 40 states are asking the Supreme Court to reconsider that rule in a case being argued Tuesday. They say they're losing out on "billions of dollars in tax revenue each year, requiring cuts to critical government programs" and that their losses compound as online shopping grows. But small businesses that sell online say the complexity and expense of collecting taxes nationwide could drive them out of business.
Large retailers want all businesses to "be playing by the same set of rules," said Deborah White, the president of the litigation arm of the Retail Industry Leaders Association, which represents more than 70 of America's largest retailers.
For years, the issue of whether out-of-state sellers should collect sales tax had to do mostly with one company: Amazon.com. The online giant is said to account for more than 40 percent of U.S. online retail sales. But as Amazon has grown, dotting the country with warehouses, it has had to charge sales tax in more and more places.
President Donald Trump has slammed the company, accusing it of paying "little or no taxes" to state and local governments. But since 2017, Amazon has been collecting sales tax in every state that charges it. Third-party sellers that use Amazon to sell products make their own tax collection decisions, however.
The case now before the Supreme Court could affect those third-party Amazon sellers and many other sellers that don't collect taxes in all states — sellers such as jewelry website Blue Nile, pet products site Chewy.com, clothing retailer L.L. Bean, electronics retailer Newegg and internet retailer Overstock.com. Sellers on eBay and Etsy, which provide platforms for smaller sellers, also don't collect sales tax nationwide.
States generally require consumers who weren't charged sales tax on a purchase to pay it themselves, often through self-reporting on their income tax returns. But states have found that only about 1 percent to 2 percent actually pay.
Supreme Court hearing case about online sales tax collection
The Supreme Court is hearing arguments about whether a rule it announced decades ago in a case involving a catalog retailer should still apply in the age of the internet.
The case on Tuesday focuses on businesses' collection of sales tax on online purchases. Right now, under the decades-old Supreme Court rule, if a business is shipping a product to a state where it doesn't have an office, warehouse or other physical presence, it doesn't have to collect the state's sales tax. Customers are generally supposed to pay the tax to the state themselves, but the vast majority don't.
States say that as a result of the rule and the growth of internet shopping, they're losing billions of dollars in tax revenue every year. More than 40 states are asking the Supreme Court to abandon the rule.
Large retailers such as Apple, Macy's, Target and Walmart, which have brick-and-mortar stores nationwide, generally collect sales tax from their customers who buy online. But other online sellers that only have a physical presence in a few states can sidestep charging customers sales tax when they're shipping to addresses outside those states.
Sellers who defend the current rule say collecting sales tax nationwide is complex and costly, especially for small sellers. That complexity was a concern for the Supreme Court when it announced the physical presence rule in a case involving a catalog retailer in 1967, a rule it reaffirmed in 1992. But states say software has now made collecting sales tax easy.
The case the court is hearing has to do with a law passed by South Dakota in 2016, a law designed to challenge the Supreme Court's physical presence rule. The law requires out-of-state sellers who do more than $100,000 of business in the state or more than 200 transactions annually with state residents to collect and turn over sales tax to the state.
The state wanted out-of-state retailers to begin collecting the tax and sued Overstock.com, home goods company Wayfair and electronics retailer Newegg. The state has conceded in court, however, that it can only win by persuading the Supreme Court to do away with its current physical presence rule.
Clicking 'checkout' could cost more after Supreme Court case
The Supreme Court is hearing a case this week that could affect how much customers pay for online purchases.
At issue is a rule saying that businesses don't have to collect state sales taxes when those businesses ship to a state where they don't have an office, warehouse or other physical presence.
Large retailers with brick-and-mortar stores have to collect sales taxes nationwide, but smaller online sellers can often avoid doing so.
Large retailers say the rule puts them at a competitive disadvantage. States say they're losing out in billions of dollars in tax revenue.
But small businesses that sell online say the complexity and expense of collecting taxes nationwide could drive them out of business.
2/01/2018
Court error unmasks person of interest in Las Vegas massacre
A court error publicly revealed the name of a man identified as a person of interest in the deadliest mass shooting in modern U.S. history.
Clark County District Court Judge Elissa Cadish acknowledged that a member of her court staff failed to black out the man’s name on one of 276 pages of documents released to news organizations including The Associated Press and Las Vegas Review-Journal.
After the error was recognized, lawyers for the news organizations were told to return the documents. The attorney representing AP and other media did so, but the other lawyer had already transmitted the documents and the Review-Journal published Douglas Haig’s name online.
Cadish later ordered the document not be published without redactions, but she acknowledged she couldn’t order the newspaper to retract the name.
Clark County District Court Judge Elissa Cadish acknowledged that a member of her court staff failed to black out the man’s name on one of 276 pages of documents released to news organizations including The Associated Press and Las Vegas Review-Journal.
After the error was recognized, lawyers for the news organizations were told to return the documents. The attorney representing AP and other media did so, but the other lawyer had already transmitted the documents and the Review-Journal published Douglas Haig’s name online.
Cadish later ordered the document not be published without redactions, but she acknowledged she couldn’t order the newspaper to retract the name.
Cambodian court again rejects bail for opposition leader
An appeals court in Cambodia on Thursday denied a second request for the release on bail of opposition leader Kem Sokha, who has been charged with treason.
The court appearance in Phnom Penh by Kem Sokha, head of the Cambodia National Rescue Party, was his first since his arrest last September. The hearing was held behind closed doors and journalists and other onlookers were kept away.
His prosecution by the government of Prime Minister Hun Sen is widely seen as part of a concerted effort to cripple the opposition ahead of a general election this year.
Kem Sokha's lawyer, Choung Choungy, said the court cited concerns for his client's security in denying bail.
The government has expressed fears of political protests by Kem Sokha's supporters. They have suggested, with no evidence, that violence might result.
Hundreds of riot police were deployed around the court, with several fire trucks and police trucks parked nearby.
The past several years have seen the opposition party face an onslaught of legal challenges from Hun Sen's government with the support of the courts, which are generally seen as favoring his ruling Cambodian People's Party. Court rulings forced former opposition leader Sam Rainsy to avoid prison by staying in exile and pressured him into resigning from his party.
The court appearance in Phnom Penh by Kem Sokha, head of the Cambodia National Rescue Party, was his first since his arrest last September. The hearing was held behind closed doors and journalists and other onlookers were kept away.
His prosecution by the government of Prime Minister Hun Sen is widely seen as part of a concerted effort to cripple the opposition ahead of a general election this year.
Kem Sokha's lawyer, Choung Choungy, said the court cited concerns for his client's security in denying bail.
The government has expressed fears of political protests by Kem Sokha's supporters. They have suggested, with no evidence, that violence might result.
Hundreds of riot police were deployed around the court, with several fire trucks and police trucks parked nearby.
The past several years have seen the opposition party face an onslaught of legal challenges from Hun Sen's government with the support of the courts, which are generally seen as favoring his ruling Cambodian People's Party. Court rulings forced former opposition leader Sam Rainsy to avoid prison by staying in exile and pressured him into resigning from his party.
Kenya's High Court orders government's TV shutdown to end
Kenya's High Court on Thursday ordered the government to end its shutdown of the country's top three TV stations after they tried to broadcast images of the opposition leader's mock inauguration, a ceremony considered treasonous.
Journalists and human rights groups have raised an outcry over the shutdown of live transmissions that began Tuesday. Some journalists told The Associated Press they spent the night in their newsroom to avoid arrest.
Opposition leader Raila Odinga on Tuesday declared himself "the people's president" in protest of President Uhuru Kenyatta's election win last year, in a ceremony attended by tens of thousands of supporters in the capital, Nairobi. Odinga claims the vote was rigged and that electoral reforms in the East African nation have not been made.
The government responded to Odinga's "swearing-in" by declaring the opposition movement a criminal organization and investigating "conspirators" in Tuesday's ceremony. An opposition lawmaker who stood beside Odinga and wore judicial dress was arrested Wednesday and taken to court, where police fired tear gas at his supporters. It was not clear what charges the lawmaker, T.J. Kajwang, faced.
Kenya's interior minister, Fred Matiangi, on Wednesday said the TV stations and some radio stations would remain shut down while being investigated for their alleged role in what he called an attempt to "subvert and overthrow" Kenyatta's government. Matiangi claimed that the media's complicity in the mock inauguration would have led to the deaths of thousands of Kenyans.
But on Thursday, High Court Judge Chacha Mwita directed the government to restore the transmission for the Kenya Television Network, Citizen Television and Nation Television News and not to interfere with the stations until a case challenging their shutdown is heard.
Journalists and human rights groups have raised an outcry over the shutdown of live transmissions that began Tuesday. Some journalists told The Associated Press they spent the night in their newsroom to avoid arrest.
Opposition leader Raila Odinga on Tuesday declared himself "the people's president" in protest of President Uhuru Kenyatta's election win last year, in a ceremony attended by tens of thousands of supporters in the capital, Nairobi. Odinga claims the vote was rigged and that electoral reforms in the East African nation have not been made.
The government responded to Odinga's "swearing-in" by declaring the opposition movement a criminal organization and investigating "conspirators" in Tuesday's ceremony. An opposition lawmaker who stood beside Odinga and wore judicial dress was arrested Wednesday and taken to court, where police fired tear gas at his supporters. It was not clear what charges the lawmaker, T.J. Kajwang, faced.
Kenya's interior minister, Fred Matiangi, on Wednesday said the TV stations and some radio stations would remain shut down while being investigated for their alleged role in what he called an attempt to "subvert and overthrow" Kenyatta's government. Matiangi claimed that the media's complicity in the mock inauguration would have led to the deaths of thousands of Kenyans.
But on Thursday, High Court Judge Chacha Mwita directed the government to restore the transmission for the Kenya Television Network, Citizen Television and Nation Television News and not to interfere with the stations until a case challenging their shutdown is heard.
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