COVID could create crisis in Alex Murdaugh murder trial
Headline Legal News | 2023/02/13 23:36
Two jurors in the double murder trial of disgraced South Carolina attorney Alex Murdaugh have COVID, leaving the future of the proceedings in some doubt as they enter their 16th day Monday.

Judge Clifton Newman decided keep the trial going in the packed Colleton County courtroom after the remaining 10 jurors and five alternates tested negative. They will be tested again on Wednesday. The clerk of court also tested positive for the virus.

Newman said jurors agreed to wear masks. He rejected suggestions from both the defense and prosecutors to delay the trial until that second round of tests Wednesday, reduce the over 200 people allowed to attend the trial each day or order everyone in the courtroom to wear masks other than testifying witnesses and questioning attorneys.

“At the moment, we are going to encourage everyone here to mask up for your own protection as well as the protection of these proceedings and each other,” Newman said.

Murdaugh, 54, faces 30 years to life in prison if convicted of murdering his wife, 52-year-old Maggie, and their 22-year-old son Paul near dog kennels at the family’s Colleton County home on June 7, 2021.

Monday marked the fourth week of the trial and the 13th day of testimony with prosecutors still presenting their case. They called state agents who tested evidence for DNA.


Abortion among major issues at stake in Wisconsin court race
Headline Legal News | 2023/02/11 10:28
A conservative tilt on the Wisconsin Supreme Court has given Republicans victories on voting restrictions, gerrymandered legislative districts and other high-stakes cases in recent years.

Voters now have a chance to tip that balance toward the left, with implications for abortion rights and perhaps the outcome of the 2024 presidential election in one of the nation’s most closely divided political battlegrounds.

Tuesday’s primary will feature two conservatives and two liberals running for the seat of a retiring conservative justice. The top two finishers advancing to the April 4 general election.

The eventual winner will determine whether conservatives maintain the majority on the officially nonpartisan court or it flips to 4-3 liberal control for at least the next two years. The court came within one vote of overturning President Joe Biden’s win in the state in 2020, and both major parties are preparing for another close margin in the 2024 contest.

The Supreme Court election campaign could break national spending records if a conservative and a liberal make it through the primary, with issues such as abortion, the fate of legislative maps, union rights and challenges to election results at stake.

Four of the past six presidential races in Wisconsin have been decided by less than a percentage point, including Donald Trump’s victory in 2016 and Biden’s win in 2020. In 2024, Democrats will try to reelect Sen. Tammy Baldwin and chip into Republican’s hold on six of the state’s eight congressional seats.


N. Carolina courts director leaving, deputy replacing him
Legal Topics | 2023/02/08 10:28
The North Carolina court system’s top administrator is stepping down soon to join a law firm, and his top deputy will succeed him.

Andrew Heath became Administrative Office of the Courts director in early 2021 as Chief Justice Paul Newby was sworn in following his election the previous November.

In news releases Friday, the Nelson Mullins firm said Heath would join its Raleigh office and the court system said Newby had appointed deputy AOC director Ryan Boyce as Heath’s replacement effective April 4.

Heath has held many state government positions previously, serving as a special Superior Court judge, state budget director to then-Gov. Pat McCrory and chairman of the North Carolina Industrial Commission.

Heath will focus on government relations and civil litigation at his new job, and he’ll also be a registered lobbyist, Nelson Mullins said.

Newby praised Heath in the AOC release, saying there are nearly 10% fewer pending cases in the courts compared to before the COVID-19 pandemic, which delayed proceedings. An effort to switch court filings from paper to digital statewide began publicly this week with a four-county pilot.

Boyce led the court system’s governmental affairs activities under previous AOC directors and served as a lawyer within two other state departments.


Supreme Court won’t upset Arkansas anti-Israel boycott law
Opinions | 2023/02/06 10:27
The Supreme Court on Tuesday refused to step into a legal fight over state laws that require contractors to pledge not to boycott Israel.

The justices rejected an appeal on behalf of an alternative weekly newspaper in Little Rock, Arkansas, that objected to a state law that reduces fees paid to contractors that refuse to sign the pledge.

The full federal appeals court in St. Louis upheld the law, overturning a three-judge panel’s finding that it violated constitutional free speech rights.

Similar measures in Arizona, Kansas and Texas were initially blocked by courts, prompting lawmakers to focus only on larger contracts. Arkansas’ law applies to contracts worth $1,000 or more.

Republican legislators in Arkansas who drafted the 2017 law have said it wasn’t prompted by a specific incident in the state. It followed similar restrictions enacted by other states in response to a movement promoting boycotts, divestment and sanctions of Israeli institutions and businesses over the country’s treatment of Palestinians. Israeli officials said the campaign masked a deeper goal of delegitimizing and even destroying their country.


South Korean court says stolen statue must return to Japan
Legal Business | 2023/02/02 23:35
A South Korean court ruled Wednesday that a 14th century Korean Buddhist statue should be sent back to a Japanese temple from where it was stolen in 2012.

The statue’s return had been put on hold for years after a South Korean temple claimed ownership of it, insisting that it was likely looted by medieval Japanese pirates before it ended up at a temple on Tsushima island, presumably in 1527.

The South Korean temple is likely to appeal the ruling to the Supreme Court.

Japanese Chief Cabinet Secretary Hirokazu Matsuno said his government will encourage Seoul to facilitate the statue’s swift return to Japan.

The 50-centimeter (20-inch) gilt bronze Buddha statue was one of two stolen from Tsushima’s Kannonji temple by thieves who attempted to sell them in South Korea.

South Korea’s government returned the other statue to the temple soon after police recovered the items from the thieves, who were arrested and prosecuted.

But Buseoksa temple in the western coastal city of Seosan filed a lawsuit to prevent the government from sending back the other statue, saying Buseoksa is the rightful owner. Korean historical records indicate that the statue, which is being kept at a state research institute in the central city of Daejeon, was created about 1330 to be enshrined at Buseoksa.

The Daejeon District Court ruled in 2017 that the government should return the statue to Buseoksa, saying it was likely taken to Japan through theft or pillage.

But the Daejeon High Court overturned the ruling on Wednesday, saying Japan’s Kannonji had acquired legal ownership of the statue through continuous possession.


Court sets aside 2 of 4 Casey Anthony convictions
Attorney News | 2023/01/29 10:31

A Florida appellate court on Friday set aside two of the four convictions Casey Anthony faced for lying to detectives during the investigation into her missing 2-year-old daughter.

Judges on the 5th District Court of Appeals agreed with Anthony's attorneys that two of the charges constituted double jeopardy, or being convicted or punished more than once for the same crime.

"We cannot conclude that the Legislature intended to authorize separate punishment for each false statement made during a single interview," the judges said in their ruling.

Anthony was acquitted of killing Caylee in 2011. Jurors convicted her of four counts of lying to detectives, and her attorneys appealed those convictions. Anthony was sentenced to time served for the misdemeanors.

She was sentenced to a year of probation after her release from jail for an unrelated case. Her whereabouts have been kept secret since she was released from state supervision last year.

Jeff Ashton, one of the prosecutors who tried Anthony and who was recently elected State Attorney in the Orlando area, said in a statement that he expected the case would be considered closed once the trial court drops the two counts.



Alabama prison staff shortage worsens despite court order
Headline Legal News | 2023/01/26 10:29
A federal judge said Friday Alabama prisons remain critically understaffed, with court filings showing the number of officers in state lockups has continued to drop despite a court order to increase numbers.

The prison system has lost more than 500 security staff employees over the last 18 months, according to court filings.

“We had horrendous understaffing in this department and something has to be done,” U.S. District Judge Myron Thompson said during a status conference in the long-running lawsuit over prison health care.

In 2017, Thompson found that mental health care in Alabama prisons is so inadequate that it violates the U.S. Constitution’s ban on cruel and unusual punishment. He said understaffing is one of the root issues and ordered the state to increase the number of corrections officers.

William Van Der Pol, a lawyer representing inmates in the lawsuit, told Thompson that Alabama has fewer correctional officers than when the litigation began or at any point where they could find comparative numbers.

The state has used pay raises and recruitment efforts to boost officer numbers, but has been hindered by a tight labor market, Bill Lunsford, a lawyer for the state argued.

Thompson asked the two sides to compare current staffing levels to what they were in 2014 when the case was filed.

Van Der Pol, an attorney with the Alabama Disabilities Advocacy Program, told Thompson that based on available numbers the prison system is at its “lowest number in history” for officers working at major facilities.


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