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NY top court OKs tax on online sellers like Amazon
Areas of Focus |
2013/03/29 06:01
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New York's highest court ruled Thursday the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax law violates the U.S. Constitution's Commerce Clause.
The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U.S. Supreme Court test that the sellers have "a substantial nexus" with the taxing state. Taxes apply when the online retailers generate at least $10,000 in annual sales to New Yorkers from in-state websites that earn commissions by bringing in potential customers through links to the big retailers.
Amazon.com, with corporate offices in Washington state, has an "Associates Program" where others put such links on their websites. Overstock.com, based in Utah, suspended its similar "Affiliates" program in New York after the state statute was enacted.
New York's sales tax is 4 percent and all its counties and New York City add an additional tax ranging from 3 percent to near 5 percent. Both apply to applicable Internet sales, according to the state Department of Taxation and Finance. |
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Court says Guam man can sue gov't over surgery
Areas of Focus |
2013/03/04 23:33
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The Supreme Court says a Guam man can sue the government for a Navy surgeon's unsuccessful cataract surgery.
A unanimous court ruled on Monday for Steven Alan Levin, who was operated on in March 2003 at the United States Naval Hospital in Guam, a U.S. territory. Levin said he withdrew his consent before the operation began but doctors proceeded anyway. Levin suffered complications, which require ongoing treatment.
Levin sued for medical malpractice and battery. The courts threw out the medical malpractice complaint and kept the battery charge. But the 9th U.S. Circuit Court of Appeals said the government is also immune from being sued for battery.
The Supreme Court reversed that decision, with Justice Ruth Bader Ginsburg writing for the court that Levin's battery lawsuit against the government can move forward. |
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Ex-Mass. chemist pleads not guilty to obstruction
Areas of Focus |
2013/02/01 23:11
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A former Massachusetts chemist accused of faking test results at a state drug lab has pleaded not guilty to four counts of obstruction of justice in a scandal that could jeopardize thousands of drug convictions.
Annie Dookhan was indicted on a total of 27 charges accusing her of fabricating test results and tampering with drug evidence while testing substances in criminal cases.
The 35-year-old Dookhan was arraigned Wednesday on four obstruction counts in Brockton Superior Court. She was scheduled to be arraigned later Wednesday on additional charges in Fall River Superior Court.
An estimated 200 convicted defendants have been released from jail and had their cases put on hold while their legal challenges are pending.
Authorities shut down the lab in August. |
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Court upholds removing man from death row
Areas of Focus |
2013/01/22 17:59
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The Pennsylvania Supreme Court has upheld a lower court ruling that a Pittsburgh-area man who stabbed his wife then dismembered her body should not be on death row because his low IQ makes him mentally disabled.
Allegheny County Judge Lawrence O'Toole ruled in 2010 that 61-year-old Connie Williams should, instead, serve life in prison. The justices agreed in a decision Tuesday.
Williams was convicted and sentenced to death in 2002 for the 1999 killing of Frances Williams, whose head, hands and feet he cut off.
Attorneys for the Federal Community Defender Office in Philadelphia filed a motion in 2008 seeking to vacate the death sentence.
Williams had previously served seven years in prison for the 1974 stabbing murder of his girlfriend's landlord.
It was not immediately clear if county prosecutors will appeal to federal court. |
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Mo. high court hears arguments on incentive fund
Areas of Focus |
2012/09/22 23:10
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Missouri Supreme Court judges are weighing two potentially contradictory sections of legislation while deciding whether a new law creating an incentive fund for high-tech businesses can take effect.
Arguments Wednesday before the high court focused on the bill's contingency clause, which made the program effective only if lawmakers also passed a separate economic development bill during a 2011 special session. A trial judge struck down the entire law earlier this year, ruling the contingency clause was unconstitutional.
During an appeal to the Supreme Court, the attorney general's office argued that judges should focus a severability clause that also was contained in the bill. That section said that if part of the measure were struck down, other portions of the bill could still be allowed to take effect. |
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California deputy pleads guilty to weapons charge
Areas of Focus |
2012/08/31 18:28
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A former Sacramento County sheriff's deputy has pleaded guilty to a federal charge stemming from the illegal sale of dozens of weapons, some of which were used by criminals.
Prosecutors in Sacramento say Thomas Lu and fellow former deputy Ryan McGowan, both of Elk Grove, bought and sold handguns that cannot be legally owned by citizens in California.
Lu, age 42, pleaded guilty Tuesday in federal court to one count of dealing in firearms without a license, which carries a maximum sentence of five years in prison.
He is agreeing to cooperate with investigators as part of a deal that could bring him a lighter sentence.
The deputies are charged with serving as straw buyers who trafficked in restricted handguns. |
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Man who killed wife, baby loses appeal in Mass.
Areas of Focus |
2012/08/15 18:08
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The highest court in Massachusetts rejected the appeal of a British man convicted of killing his wife and baby daughter in their rented home, saying in its decision released Tuesday that warrantless searches of the home were justified because those inside might have been in danger.
In arguing for a new trial, lawyers for Neil Entwistle said evidence obtained during the warrantless searches of the Hopkinton home while police were looking for the missing family should have been dismissed at trial.
They also argued he was denied a fair trial, claiming that "saturating and inflammatory" media coverage tainted the jury pool and the judge refused to question prospective jurors more deeply about how publicity may have biased them.
The court rejected the arguments, concluding that Entwistle "received a fair trial that was ably tried and judged."
Entwistle was convicted of the 2006 shootings of his wife, Rachel, and their daughter, 9-month-old Lillian. He is serving life in prison without the possibility of parole for their murders. |
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