Court: Reds exempt from tax on promotional bobbleheads

Legal Interview 2018/11/22 15:31   Bookmark and Share
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.
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European court orders Turkey to free ex-Kurdish party leader

Lawyer Blog Post 2018/11/21 15:28   Bookmark and Share
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.
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New black officers, court officials rethinking US policing

Legal Business 2018/11/19 22:06   Bookmark and Share
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.
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Lawyer for WikiLeaks’ Assange says he would fight charges

Court Watch 2018/11/17 22:07   Bookmark and Share
WikiLeaks founder Julian Assange will not willingly travel to the United States to face charges filed under seal against him, one of his lawyers said, foreshadowing a possible fight over extradition for a central figure in the U.S. special counsel’s Russia-Trump investigation.

Assange, who has taken cover in the Ecuadorian Embassy in London, where he has been granted asylum, has speculated publicly for years that the Justice Department had brought secret criminal charges against him for revealing highly sensitive government information on his website.

That hypothesis appeared closer to reality after prosecutors, in an errant court filing in an unrelated case, inadvertently revealed the existence of sealed charges. The filing, discovered Thursday night, said the charges and arrest warrant “would need to remain sealed until Assange is arrested in connection with the charges in the criminal complaint and can therefore no longer evade or avoid arrest and extradition in this matter.”

A person familiar with the matter, speaking on condition of anonymity because the case had not been made public, confirmed that charges had been filed under seal. The exact charges Assange faces and when they might be unsealed remained uncertain Friday.

Any charges against him could help illuminate whether Russia coordinated with the Trump campaign to sway the 2016 presidential election. They also would suggest that, after years of internal Justice Department wrangling, prosecutors have decided to take a more aggressive tack against WikiLeaks.

A criminal case also holds the potential to expose the practices of a radical transparency activist who has been under U.S. government scrutiny for years and at the center of some of the most explosive disclosures of stolen information in the last decade.

Those include thousands of military and State Department cables from Army Pvt. Bradley (now Chelsea) Manning, secret CIA hacking tools, and most recently and notoriously, Democratic emails that were published in the weeks before the 2016 presidential election and that U.S. intelligence officials say had been hacked by Russia.

Federal special counsel Robert Mueller, who has already charged 12 Russian military intelligence officers with hacking, has been investigating whether any Trump associates had advance knowledge of the stolen emails.
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Supreme Court: Judges can be Facebook friends with attorneys

Headline Legal News 2018/11/15 22:15   Bookmark and Share
The Florida Supreme Court says it's OK for judges to be friends on Facebook with attorneys who have cases before them.

In a 4-3 decision, the justices ruled that a Facebook friend is more casual and not comparable to a "traditional" friendship in terms of a potential conflict of interest. The decision says that many Facebook friends are complete strangers.

The ruling settles a split between two Florida appeals courts on the question. The three dissenters argued that a judge having a Facebook friend as an attorney before him could undermine confidence in the neutrality of the courts.

And Justice Jorge LaBarga, while agreeing with the majority, said all judges should stay off Facebook, delete their account when becoming a judge or at least limit their social media friendships.

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Mexico's high court tosses law on policing by military

Court Watch 2018/11/15 22:10   Bookmark and Share
Mexico's Supreme Court invalidated a controversial law signed last year that created a legal framework for the military to work in a policing role in much of the country, ruling Thursday that the measure violated the constitution by trying to normalize the use of the armed forces in public safety.

Deep-rooted corruption and ineffectiveness among local and state police forces has led Mexico to rely heavily on the military to combat drug cartels in parts of the country.

But military commanders have long expressed uneasiness about what was essentially an open-ended policing mission. The armed forces have been implicated in a number of human rights abuse cases.

On Wednesday, President-elect Andres Manuel Lopez Obrador announced a security plan that would also lean on the military. He proposed forming a National Guard initially made up of elements from the navy and army police as well as federal police.

After drawing a raft of criticism, especially from human rights groups, Lopez Obrador sought on Thursday to distinguish between his plan and his predecessors'. He said congress would seek a constitutional reform to allow it.

"Because I don't want to use the army and the navy like they have been doing for public safety work if they are not authorized to carry out those functions," Lopez Obrador said.

But the international human rights group Amnesty International said the Supreme Court's decision should cause Lopez Obrador to rethink his security plan.

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