Headline Legal News 2018/12/01 13:47
A Chinese court has reduced the prison sentence for former college football player and American citizen Wendell Brown from four years to three for his involvement in a bar fight, a rights monitoring group said Wednesday.
Brown, a native of Detroit who played for Ball State University in Indiana, had been teaching English and American football in southwest China when he was arrested in September 2016 and charged with intentional assault. He denied hitting a man at a bar and said he was defending himself after being attacked.
The San Francisco-based Dui Hua Foundation said Brown will be transferred from a detention center to a prison in the southwestern city of Chongqing, from where he can then apply for early release. He is now due to be set free on Sept. 24, 2019.
The court issued no official statement and an assistant judge in the case, reached by phone, directed inquiries to the court's management office, which did not immediately respond to faxed questions seeking comment.
Brown, 31, was convicted on June 28 and his reduction in sentence is one of an estimated 15 percent of appeals that are successful in China, Dui Hua said. Friends, family and supporters had hoped he would be immediately deported, as is allowed under Chinese law.
"While this is not the result we hoped for it is nevertheless the best that could be achieved," the group's executive director, John Kamm, said in an emailed statement.
"I salute the team of legal advisers and friends who have worked tirelessly to bring Wendell home. Dui Hua acknowledges the sympathetic handling of the case by the appellate judges in Chongqing," Kamm said.
Legal Business 2018/11/29 13:47
A Minnesota man accused of faking his own death seven years ago to collect a $2 million life insurance policy arranged for a stand-in corpse to be dressed in his clothes in Moldova, according to a judge’s detention order.
Igor Vorotinov, 54, also planted his identification on the body before placing the corpse along a road in the Eastern European country, a U.S. judge said in rejecting Vorotinov’s request to be freed pending trial.
U.S. Magistrate Judge Katherine M. Menendez ruled Wednesday that Vorotinov posed too great a flight risk. In her ruling, Menendez said Vorotinov showed “substantial resourcefulness and cunning.”
Vorotinov was indicted in 2015 on one count of mail fraud. He was arrested this month and returned to the U.S.
Prosecutors allege in court documents that Vorotinov took out the life insurance policy in spring 2010 and designated then-wife Irina Vorotinov as the primary beneficiary. The couple divorced later that year.
In 2011, Irina Vorotinov, 51, identified a corpse in Moldova as her husband’s, prosecutors allege. She then returned to the U.S. with a death certificate and cremated remains and received the life insurance payment. Money was then transferred to her son, and to accounts in Switzerland and Moldova.
She has pleaded guilty to her role and is serving a three-year sentence. Alkon Vorotinov, 28, pleaded guilty to one count and was sentenced to probation.
After the insurance payout was made, prosecutors spoke by phone in May 2016 with Igor Vorotinov in hopes of persuading him to return to the U.S. But he told investigators he would rather live with his new love interest on an apple farm, according to the judge’s filing.
The identity of the corpse is still unclear, the Minneapolis Star Tribune reported . The scheme also included a 2011 funeral service at a Minneapolis cemetery, where an urn was placed in a niche. Tests later determined the remains were not Vorotinov’s.
Vorotinov pleaded not guilty Tuesday. He was returned to jail and awaits trial, tentatively planned for January.
Legal Business 2018/11/24 15:34
The Trump administration asked the Supreme Court on Friday to issue an unusually quick ruling on the Pentagon's policy of restricting military service by transgender people. It's the fourth time in recent months the administration has sought to bypass lower courts that have blocked some of its more controversial proposals and push the high court, with a conservative majority, to weigh in quickly on a divisive issue.
Earlier this month, the administration asked the high court to fast-track cases on the president's decision to end the Deferred Action for Childhood Arrivals program, which shields young immigrants from deportation. Administration officials also recently asked the high court to intervene to stop a trial in a climate change lawsuit and in a lawsuit over the administration's decision to add a question on citizenship to the 2020 census.
The 9th U.S. Circuit Court of Appeals, a frequent target of criticism by President Donald Trump, is involved in three of the cases. Trump's recent salvo against the "Obama judge" who ruled against his asylum policy — not one of the issues currently before the Supreme Court — prompted Chief Justice John Roberts to fire back at the president for the first time for feeding perceptions of a biased judiciary.
Joshua Matz, publisher of the liberal Take Care blog, said the timing of the administration's effort to get the Supreme Court involved in the issues at an early stage could hardly be worse for Roberts and other justices who have sought to dispel perceptions that the court is merely a political institution, especially since the confirmation of Justice Brett Kavanaugh. At an especially sensitive moment for the Supreme Court, the Trump administration is "forcing it into a minefield that many justices would almost surely prefer to avoid," Matz said.
Legal Interview 2018/11/22 15:31
Quoting the Cincinnati Reds’ long-time play-by-play announcer, the Ohio Supreme Court declared Tuesday that “this one belongs to the Reds.”
The state’s high court ruled 5-2 that the Major League Baseball franchise is exempt from paying tax on the purchase of bobbleheads and other promotional items the team offers to ticket buyers.
The opinion written by Justice Patrick Fischer warned that the ruling was specific to the case and might not apply for other sports organizations. But the Department of Taxation’s chief legal counsel, Matt Chafin, said the decision essentially shows professional teams how to avoid the “use tax” on promotional items.
Reds spokesman Rob Butcher said the club is “happy with the outcome,” but is still reviewing the opinion.
The department argued the bobbleheads should be taxed because they’re bought by the Reds as giveaways, not sold with tickets. The Reds argued they’re exempt because they resell the items as part of the ticket package and Ohio law exempts companies from paying tax on items they buy for resale.
Fischer, a Cincinnati resident, led off the opinion with a long summary of Ohio’s role in baseball history beginning in 1869, when the Cincinnati Red Stockings became the first all-professional team. There are references to Hall of Famers from Ohio including players Cy Young, Mike Schmidt and Barry Larkin, to the 1975-76 “Big Red Machine” champions, and firsts such as Larry Doby of the Cleveland Indians becoming the first black American League player and to the first night game being played in Cincinnati.
Then, in explaining the ruling, Fischer wrote that unlike a foul ball or a T-shirt shot into the stands (the Reds use a contraption called “Redzilla” to fire free T-shirts into the crowd) that fans have no expectation of receiving, they buy tickets for games that have been advertised as bobblehead games expecting to get the bobbleheads, which last season included All-Stars Joey Votto and Eugenio Suarez.
After quoting Reds’ broadcaster Marty Brennaman’s signature “this one belongs to the Reds,” Fischer as he neared the opinion’s conclusion also quoted Brennaman’s late broadcasting partner, Joe Nuxhall, saying the justices were “rounding third and heading for home.”
Dissenting Justice Mary DeGenaro wrote that the the Reds were escaping sales tax or use tax on promotional items that generally apply to similar purchases. She pointed out that the Reds often limit the promotional items, such as free to the first 30,000 fans.
Lawyer Blog Post 2018/11/21 15:28
The European Court of Human Rights on Tuesday called on Turkey to release the former head of Turkey's pro-Kurdish opposition from detention. Turkey's president responded by claiming his country was not bound by the court's rulings.
In its ruling on Tuesday, the Strasbourg, France-based court said Turkey had violated Selahattin Demirtas' right to be promptly brought before a judge, his right to a speedy review of his case as well as his right to be elected and to sit in Parliament.
Demirtas, the 45-year-old former co-chairman of the pro-Kurdish Peoples' Democratic Party, was arrested in November 2016 on terrorism charges. He ran in Turkey's presidential election in June from his high-security prison in Edirne, northwest Turkey. He also campaigned for a constitutional referendum in 2017 from behind bars.
In September Demirtas was sentenced to four years in prison for supporting the outlawed Kurdistan Workers' Party, or PKK, and engaging in terrorist propaganda in one of several trials against him. He is appealing his conviction.
Asked to comment on the European court's ruling, President Recep Tayyip Erdogan said: "We are not bound by the (European court's) decisions."
He added: "We'll make our counter-move and finish it off." He did not elaborate.
Legal Business 2018/11/19 22:06
Veteran Alabama law enforcement officer Mark Pettway grew up in a black neighborhood called “Dynamite Hill” because the Ku Klux Klan bombed so many houses there in the 1950s and ’60s.
Now, after becoming the first black person elected sheriff in Birmingham - on the same day voters elected the community’s first black district attorney - Pettway sees himself as part of a new wave of officers and court officials tasked with enforcing laws and rebuilding community trust fractured by police shootings, mass incarceration, and uneven enforcement that critics call racist.
In a state where conservative politicians typically preach about getting tough on crime, Jefferson County’s new sheriff ran and won on an alternative message. He favors decriminalizing marijuana, opposes arming school employees, supports additional jailhouse education programs to reduce recidivism and plans for deputies to go out and talk to people more often, rather than just patrolling.
“Going forward we need to think about being smarter and not being harder,” said the Democrat Pettway, 54.
While the nation’s law enforcement officers are still mostly white men, and groups including the American Civil Liberties Union and Black Lives Matter call for sweeping changes in the criminal justice system, minorities appear to be making gains nationwide.
In Pettway’s case, strong turnout by African-American voters, combined with national concern over police shootings of unarmed people of color, helped him defeat longtime Sheriff Mike Hale, a white Republican, said professor Angela K. Lewis, interim chair of political science at the University of Alabama at Birmingham. Winners in other cities attributed their success to similar factors.
Houston voters elected 17 black women as judges in the midterms. Even before the election, nearly the entire criminal justice system in the Georgia city of South Fulton, near Atlanta was run by black women, including the chief judge, prosecutor, chief clerk and public defender. They’re offering more chances for criminal defendants to avoid convictions through pre-trial programs and increased use of taxpayer-funded lawyers to protect the rights of the accused.
Chief Judge Tiffany C. Sellers of South Fulton’s municipal court said officials also explain court procedures in detail to defendants, many of whom haven’t been in court before and are scared.