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Arena turned court for first felony jury trial in months
Legal World News | 2020/06/06 09:46
A city-owned arena in Batesville became a courtroom this week for the first felony criminal jury trial in Mississippi since the start of the coronavirus pandemic.

More than 100 prospective jurors answered their summons to appear in court at the Civic Center on June 1, Panola County Circuit Clerk Melissa Meek-Phelps said in a news release.

Prospective jurors maintained social distancing by sitting with five empty seats between them and alternating empty rows. County personnel took temperatures of visitors as they arrived at the arena. Hand sanitizer and masks were provided for people entering the building. Anyone who was ill, had health conditions that could put them at risk for COVID-19, was over age 65, a caregiver or had recently performed jury service, was excused.

The Civic Center is a venue for concerts, motorcycle and monster truck shows, rodeos and other entertainment. The Panola County Board of Supervisors on June 1 officially adopted a resolution declaring it the courthouse for the Second Judicial District of Panola County during the coronavirus pandemic.

A jury was selected to hear the trial of Clinton Winters, 44, of Webb, who faced charges of methamphetamine possession. He was found guilty on the afternoon of June 2. Winters remains in custody and will be sentenced at a later date.


Oregon Supreme Court halts order nixing virus restrictions
Legal World News | 2020/05/11 12:37
The Oregon Supreme Court late Monday halted a rural judge’s order earlier in the day that had tossed out statewide coronavirus restrictions imposed by Democratic Gov. Kate Brown.

Baker County Circuit Judge Matthew Shirtcliff had ruled that Brown erred by not seeking the Legislature’s approval to extend the stay-at-home orders beyond a 28-day limit. The Supreme Court’s ruling stays Shirtcliff’s decision pending review by all the high court justices.

In a statement, Brown praised the Supreme Court action. “There are no shortcuts for us to return to life as it was before this pandemic. Moving too quickly could return Oregon to the early days of this crisis, when we braced ourselves for hospitals to be overfilled,” she said.

The lower court judge had issued his opinion in response to a lawsuit filed earlier this month by 10 churches around Oregon that argued the state’s social-distancing directives were unconstitutional.

In a seven-page opinion, Shirtcliff wrote that the damage to Oregonians and their livelihood was greater than the dangers presented by the coronavirus. He also noted that other businesses deemed essential, such as grocery stores, had been allowed to remain open even with large numbers of people present and have relied on masks, social distancing and other measures to protect the public.

“The governor’s orders are not required for public safety when plaintiffs can continue to utilize social distancing and safety protocols at larger gatherings involving spiritual worship,” he wrote.


Ex-Illinois Rep. Aaron Schock to appear in court in Chicago
Legal World News | 2019/03/06 11:43
Former Illinois Rep. Aaron Schock is scheduled to appear in court for the first time since the U.S. Supreme Court declined to get involved in his corruption case.

A federal judge in Chicago set a Wednesday hearing for the 37-year-old, who once was a rising star of the Republican Party.

Schock resigned from Congress in 2015 amid scrutiny of his spending, including redecorating his office in the style of the "Downton Abbey" TV series. He was indicted in 2016 on 22 counts, i ncluding wire fraud and falsification of election commission filings.

Schock has pleaded not guilty. His attorneys argued the case should be dismissed, saying his prosecution violated separation-of-powers clauses. The Supreme Court declined last month to consider it.

The case was originally filed in central Illinois. The Justice Department transferred it to prosecutors in Chicago last year.


Missouri court lets redistricting initiative go to voters
Legal World News | 2018/09/19 19:52
A Missouri appeals court panel cleared the way Friday for voters to decide a November ballot initiative that could shake up of the state Legislature by requiring districts to be drawn to achieve "partisan fairness" and imposing new lobbying limits.

The ruling overturned a decision issued a week ago by a state judge who said the so-called Clean Missouri initiative violated the state constitution by addressing multiple topics.

The Western District appeals panel disagreed, ruling that the "multiple provisions all relate to a single central purpose: regulating the legislature to limit the influence of partisan or other special interests."

Republican-aligned attorneys for those opposing the measure said they would appeal to the state Supreme Court. But time is running short. Missouri law sets a Tuesday deadline to make changes to the Nov. 6. ballot. The state's high court previously turned down a chance to hear the case in place of the appeals panel.

As it stands, the measure would appear on the ballot as Constitutional Amendment 1.

"We hope this brings an end to it and that the people can vote in November on whether they want to adopt these changes," said attorney Chuck Hatfield, who represents Clean Missouri.

The initiative has been opposed in court by the president of the Missouri Chamber of Commerce and Industry and a Republican voter who was represented by the law firm of Missouri Republican Party Chairman Todd Graves.




Court: Cities can't prosecute people for sleeping on streets
Legal World News | 2018/09/05 23:55
Cities can't prosecute people for sleeping on the streets if they have nowhere else to go because it amounts to cruel and unusual punishment, which is unconstitutional, a federal appeals court said Tuesday.

The 9th U.S. Circuit Court of Appeals sided with six homeless people from Boise, Idaho, who sued the city in 2009 over a local ordinance that banned sleeping in public spaces. The ruling could affect several other cities across the U.S. West that have similar laws.

It comes as many places across the West Coast are struggling with homelessness brought on by rising housing costs and income inequality.

When the Boise lawsuit was filed, attorneys for the homeless residents said as many as 4,500 people didn't have a place to sleep in Idaho's capital city and homeless shelters only had about 700 available beds or mats. The case bounced back and forth in the courts for years, and Boise modified its rules in 2014 to say homeless people couldn't be prosecuted for sleeping outside when shelters were full.

But that didn't solve the problem, the attorneys said, because Boise's shelters limit the number of days that homeless residents can stay. Two of the city's three shelters also require some form of religious participation for some programs, making those shelters unsuitable for people with different beliefs, the homeless residents said.





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