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Brazil's supreme court votes to make homophobia a crime
Legal Interview |
2019/06/13 16:51
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Brazil's supreme court officially made homophobia and transphobia crimes similar to racism on Thursday, with the final justices casting their votes in a ruling that comes amid fears the country's far-right administration is seeking to roll back LGBT social gains.
Six of the Supreme Federal Tribunal's 11 judges had already voted in favor of the measure in late May, giving the ruling a majority. The final justices voted Thursday for a tally of eight votes for and three against.
Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.
The court's judges have said the ruling was to address an omission that had left the LGBT community legally unprotected.
"In a discriminatory society like the one we live in, the homosexual is different and the transsexual is different. Every preconception is violence, but some impose more suffering than others," said justice Carmen Lucia.
Justice Ricardo Lewandowski, one of the judges who voted against the measure, recognized the lack of congressional legislation on the issue but said he voted against putting homophobia inside the framework of the racism legislation because only the legislature has the power to create "types of crimes" and set punishments. |
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Supreme Court will hear Wisconsin drunk driving case
Legal Interview |
2019/01/09 17:49
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The Supreme Court has agreed to hear a challenge to a Wisconsin drunk driving law that has parallels in other states.
Wisconsin law says law enforcement officials can draw blood from an unconscious driver without a warrant if they suspect the person was driving drunk.
The case the court agreed Friday to hear involves Gerald Mitchell. He was arrested in Sheboygan for driving while intoxicated in 2013 in Wisconsin. Mitchell was too drunk to take a breath test and became unconscious after being taken to a hospital. His blood was then drawn without a warrant. Mitchell was ultimately convicted of driving while intoxicated.
Mitchell says the blood draw was a search that violated his constitutional rights, but Wisconsin’s Supreme Court upheld his convictions. Mitchell says 29 states have similar laws. |
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Son of ex-Nissan head Carlos Ghosn predicts court surprises
Legal Interview |
2019/01/04 16:58
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The son of former Nissan chairman Carlos Ghosn said in an interview published Sunday that people will be surprised when his father, detained since Nov. 19 for allegedly falsifying financial reports, recounts his version of events to a Tokyo court on Tuesday.
Anthony Ghosn, 24, told France's Journal du Dimanche that his father — who will remain detained until at least Jan. 11 — will get 10 minutes to talk at the hearing, being held at his own request.
"For the first time, he can talk about his version of the allegations against him," Anthony Ghosn said in the interview with the weekly paper Journal du Dimanche. "I think everyone will be rather surprised hearing his version of the story. Until now, we've only heard the accusers."
The son has no direct contact with his father, and gets information via lawyers. He said his father, who for decades was a revered figure in the global auto industry, has lost about 10 kilograms (22 pounds) eating three bowls of rice daily, but he reads books and "he resists."
Ghosn refuses to cave in, said his son, contending that he would be freed from detention if he admitted guilt to the prosecutor. |
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Court: Reds exempt from tax on promotional bobbleheads
Legal Interview |
2018/11/21 15:38
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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. |
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Georgia high court won't stop vote on creation of new city
Legal Interview |
2018/10/14 14:23
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Georgia's highest court on Monday declined to stop voting in a referendum on whether a new city of Eagle's Landing should be created from part of the existing city of Stockbridge.
The General Assembly passed two acts that were signed by the governor earlier this year to create Eagle's Landing from land that is currently part of Stockbridge combined with unincorporated parts of Henry County. The proposed city's creation must be approved by local voters, but Stockbridge residents who live outside the boundaries of the proposed city won't get a say.
Opponents, including the Stockbridge mayor, say creation of a new city would take a significant amount of city's land and tax revenue and harm the Stockbridge's ability to pay municipal bond obligations.
Proponents of a new city say they want to secure better city services, increase property values and attract high-end businesses. But opponents say race is a factor. About 20 miles (30 kilometers) southeast of Atlanta, Stockbridge is predominantly black, while the city of Eagle's Landing would have a higher proportion of white residents.
Stockbridge sued the Henry County elections director and members of the county commission and asked a judge to declare that the acts setting up the referendum violated the state Constitution. The judge declined, and the city appealed to the Georgia Supreme Court, which heard arguments in the case last week. |
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