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Russian court challenges International Olympic Committee
Court Line | 2018/11/22 19:04

Court ruled Wednesday that bobsledder Alexander Zubkov, who carried the Russian flag at the opening ceremony of the 2014 Sochi Games, should still be considered an Olympic champion despite having been stripped of his medals because of doping. A CAS ruling upholding his disqualification is not enforceable in Russia, the court said.

CAS, however, is the only valid arbiter for sports disputes at the games, according to the Olympic Charter. In rare instances, Switzerland's supreme court can weigh in on matters of procedure.

"The CAS decision in this case is enforceable since there was no appeal filed with the Swiss Federal Tribunal within the period stipulated," the IOC told The Associated Press in an email on Thursday. "The IOC will soon request the medals to be returned."

The law firm representing Zubkov said the Moscow court found the CAS ruling violated Zubkov's "constitutional rights" by placing too much of a burden on him to disprove the allegations against him.

Zubkov won the two-man and four-man bobsled events at the Sochi Olympics but he was disqualified by the IOC last year. The verdict was later upheld by CAS.

Zubkov and his teams remain disqualified in official Olympic results, but the Moscow ruling could make it harder for the IOC to get his medals back.

"The decision issued by the Moscow court does not affect in any way the CAS award rendered ... an award which has never been challenged before the proper authority," CAS secretary general Matthieu Reeb told the AP.

"The fact that the CAS award is considered as 'not applicable in Russia' by the Moscow court may have local consequences but does not constitute a threat for the CAS jurisdiction globally."

The IOC's case against Zubkov was based on testimony from Moscow and Sochi anti-doping laboratory director Grigory Rodchenkov, who said he swapped clean samples for ones from doped athletes, and forensic evidence that the allegedly fake sample stored in Zubkov's name contained more salt than could be possible in urine from a healthy human.



Supreme Court to hear Virginia GOP's districting appeal
Court Line | 2018/11/16 04:58

The Supreme Court agreed Tuesday to hear an appeal by Virginia Republicans who are trying to preserve state legislative districts that have been struck down by a lower court as racially discriminatory.

The case involves 11 districts in the Virginia House of Delegates. Democratic voters accuse Republicans, who hold the majority, of packing black voters into certain districts to make surrounding districts whiter and more Republican.

A three-judge federal court in Virginia ruled 2-1 in June in favor of the Democratic voters and has appointed a redistricting expert to draw a new legislative map with a Dec. 7 deadline. Kirk Cox, the Republican speaker of the Virginia House, said he is weighing whether to ask the lower court to delay the issuance of a new map until after the Supreme Court rules.

Arguments probably will take place in late February, with a ruling likely by late June. The next round of elections for the state House is 2019, and candidates would normally have to register in the spring and run in primaries in the summer.

Democratic Gov. Ralph Northam's office and House Democratic leader David Toscano did not immediately return requests for comment. Marc Elias, a lawyer representing the voters, predicted on Twitter that the justices would rule in his clients' favor.


Court fight likely in 10-year-old girl’s homicide case
Court Line | 2018/11/11 20:55

When a 10-year-old Wisconsin girl was charged with homicide this week in the death of an infant, it was a rare — but not unprecedented — case of adult charges being filed against someone so young.

The girl told investigators she panicked after dropping the baby at a home day care and then stomped on his head when he began crying. She sobbed during a court appearance in Chippewa County, where she was led away in handcuffs and a restraint.

The age at which children get moved to adult court varies by state and can be discretionary in some cases.

Wisconsin is an outlier in that state law requires homicide or attempted homicide charges to be initially filed in adult court if the suspect is at least 10 years old, according to Marcy Mistrett, chief executive at the Campaign for Youth Justice.

Wisconsin is among 28 states that allow juveniles to be automatically tried in adult court for certain crimes, including murder. For most states, the age at which that is triggered is 15 or 16 years old — while some states have decided 10 is even too young for a child to be held responsible in the juvenile justice system, Mistrett said.

Moving a case to juvenile court depends on establishing certain factors, such as whether the child would get needed services in the adult system, said Eric Nelson, a defense attorney who practices in Wisconsin.

For example, prosecutors in an attempted murder case involving a 12-year-old schizophrenic girl who stabbed a classmate said she belonged in adult court, where she could be monitored for years for a disease that isn’t curable. Defense attorneys unsuccessfully argued against those claims.


Justice Beth Clement leading Supreme Court race
Court Line | 2018/11/06 06:56

Michigan Supreme Court Justice Elizabeth Clement is leading a six-candidate field for two seats on the state's highest court. Nearly 95 percent of votes have been counted. The top two finishers get black robes.

Justice Kurtis Wilder and appellate lawyer Megan Cavanagh are battling for the second spot. Cavanagh, a Democrat, is the daughter of former Justice Michael Cavanagh.

With Clement and Wilder, Republicans have a 5-2 majority on the Supreme Court, though candidates aren't identified by party on the ballot. University of Michigan law professor Sam Bagenstos was far behind in fourth place and threw in the towel — literally.

After a long campaign, he says it's time for him to do some "deferred laundry." Former CIA analyst Elissa Slotkin has defeated Republican Rep. Mike Bishop, denying him a third House term representing their southeastern Michigan district and flipping the seat to the Democrats.

Slotkin, who worked as a CIA analyst under presidents George W. Bush and Barack Obama and who advocates for public service, said that if she was elected Tuesday, she would push for affordable health care.

Both parties spent heavily on the race, with Democrats sensing that the typically reliable Republican district was vulnerable. Two others also ran: Libertarian Party candidate Brian Ellison and U.S. Taxpayers Party candidate David Lillis.


Bahrain opposition leader sentenced to life by high court
Court Line | 2018/11/05 06:57

A Shiite cleric who was a central figure in Bahrain's 2011 Arab Spring protests was sentenced to life in prison Sunday on spying charges.

The ruling by the Supreme Court of Appeals came after Sheikh Ali Salman was acquitted of the charges by a lower court in June. Human rights groups and activists say the charges against him are politically-motivated and related to his work as a leading opposition figure.

The verdict was issued just weeks before parliamentary elections are set to take place without the Al-Wefaq political group Salman once led. Al-Wefaq, which was the tiny Gulf nation's largest Shiite opposition bloc, was ordered dissolved in 2016 as part of a crackdown on dissent in the kingdom, which has a Shiite majority but is ruled by a Sunni monarchy.

The state-run Bahrain News Agency reported the appellate court's decision Sunday without naming the defendants, saying three individuals were found guilty of the spying charges.

Human Rights First, an activist group, confirmed the ruling refers to Salman. His co-defendants in the case— Sheikh Hassan Ali Juma Sultan and Ali Mahdi Ali al-Aswad— are also former al-Wefaq officials.

The three faced charges of disclosing sensitive information to Qatar that could harm Bahrain's security in exchange for financial compensation. The state-run news agency said prosecutors presented recorded phone conversations as evidence.

Last year, Bahrain state television aired the recorded calls between Salman and Qatar's then-Prime Minister Sheikh Hamad bin Jassim Al Thani during the 2011 protests.


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