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Hawaii Judiciary postpones state court trials amid pandemic
Law & Court News | 2020/04/16 23:15
Hawaii Chief Justice Mark Recktenwald has announced an order to postpone all state court trials amid the coronavirus pandemic, the state Judiciary said.

The order states all state trials in civil, criminal and family courts be postponed until May 29 or the termination of Gov. David Ige’s state of emergency, whichever is sooner, the Honolulu Star-Advertiser reported.

The exception would be if the chief judge of a circuit court orders otherwise.

“While our community has responded well to stay-at-home orders and the results of these public health measures have been encouraging, the Judiciary must continue to do our part to protect the health and safety of our court personnel and court users," Recktenwald said.

The Committee on Operational Solutions was also formed under the order. The committee would accelerate the courts’ capabilities to conduct proceedings remotely due to the pandemic and would plan for the timely transition to return to increased court operations in the coming months.

Recktenwald has encouraged teleconferencing and videoconferencing to address as many cases as possible and appropriate to combat the spread of COVID-19.


Court drops rape, other charges against megachurch leader
Law & Court News | 2020/04/05 10:51
A California appeals court ordered the dismissal of a criminal case Tuesday against a Mexican megachurch leader on charges of child rape and human trafficking on procedural grounds.

Naason Joaquin Garcia, the self-proclaimed apostle of La Luz del Mundo, has been in custody since June following his arrest on accusations involving three girls and one woman between 2015 and 2018 in Los Angeles County. Additional allegations of the possession of child pornography in 2019 were later added. He has denied wrongdoing.

While being held without bail in Los Angeles, Garcia has remained the spiritual leader of La Luz del Mundo, which is Spanish for “The Light Of The World.” The Guadalajara, Mexico-based evangelical Christian church was founded by his grandfather and claims 5 million followers worldwide.

It was not clear when he would be released. The attorney general’s office said it was reviewing the court’s ruling and did not answer additional questions. Garcia’s attorney, Alan Jackson, said he and his client are “thrilled” by the decision.


Supreme Court has once again postponed oral arguments
Law & Court News | 2020/04/01 10:53
The U.S. Supreme Court has once again postponed oral arguments scheduled for this spring, but this time the court seemed to hint it might not hear arguments in most cases until next term.

Following postponement of arguments scheduled for the last two weeks of March, the court on Friday announced that it would delay another round of oral arguments--its last for the term-- scheduled for the second half of April.

In a press release, the court said it would "consider a range of scheduling options and other alternatives if arguments cannot be held in the courtroom before the end of the court term," which usually is, for all practical purposes, at the end of June when the court completes its work and recesses for the summer.

The wording of the press release would seem to suggest, however, that the justices may postpone some cases until next term and extend the current term to hear a few particularly pressing cases.

Among them are three cases involving subpoenas for President Trump's financial records: two involving congressional subpoenas, and another involving a New York grand jury subpoena for financial records relating to alleged hush money payments to porn star Stormy Daniels and another woman during the 2016 presidential campaign.





Texas court delays 2nd execution due to virus outbreak
Law & Court News | 2020/03/22 17:16
Texas’ highest criminal court on Thursday delayed the scheduled execution of a second death row inmate as the state tries to slow the spread of the coronavirus.

The Texas Court of Criminal Appeals ordered a 60-day delay of Tracy Beatty’s scheduled March 25 execution “in light of the current health crisis and the enormous resources needed to address that emergency.”

Beatty was sentenced to death for the 2003 slaying of his 62-year-old mother, Carolyn Click, near Tyler, in East Texas. The ruling noted that the court previously upheld Beatty’s conviction and sentence.

The court on Monday ordered a 60-day delay in the execution of John William Hummel, who had been scheduled to die on Wednesday for the 2009 stabbing of his pregnant wife, Joy Hummel, 45, and fatal bludgeoning of his father-in-law, Clyde Bedford, 57, with a baseball bat.

Gov. Greg Abbott on Thursday declared a state of emergency, ordering schools closed until April 3, banning dine-in eating at restaurants, and ordering bars and gyms to close. Abbott said state government would remain open.

The order also banned public gatherings of 10 or more people, which could have affected the state’s ability to carry out executions, which involve a number of people, including correctional officers, attorneys, physicians, and family members or friends of the inmates and victims.


Asylum Seekers Attend Border Court Amid Outbreak
Law & Court News | 2020/03/15 11:12
U.S. immigration courts sharply scaled back operations Monday but have stopped well short of a total shutdown demanded by employees, including judges and government attorneys.

Wearing face masks, about 30 asylum seekers who had been waiting in Mexico were escorted by authorities into a federal building in El Paso, Texas, some carrying children.

They reported, as instructed, to a border crossing at 4 a.m. Monday and were driven to the court in white vans. Journalists were barred from the courtroom on the grounds that it was too crowded.

A lawyer who attended said the judge appeared by video conference, and few, if any migrants wore masks once the hearing began.

“All of the benches are taken up,” Imelda Maynard said. “Most of the children are asleep in their parent’s arms.”

The Justice Department’s Executive Office for Immigration Review late Sunday postponed preliminary hearings for people who aren’t in custody through April 10. While significant, the order doesn’t extend to courts in immigration detention centers or to the government’s “Migrant Protection Protocols” policy to make asylum seekers wait in Mexico for hearings in the U.S. It also didn’t apply to final hearings which determine whether migrants are granted asylum.


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