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Court tosses ruling against Pennsylvania COVID-19 measures
Legal Topics |
2021/08/11 17:48
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A federal appeals court has dismissed a judge’s ruling that threw out Gov. Tom Wolf’s sweeping COVID-19 restrictions, saying the issue is now moot because statewide mitigation measures have expired and Pennsylvania voters have since constrained a governor’s emergency powers.
The 3rd U.S. Circuit Court of Appeals ruled that since Wolf’s stay-at-home order, limits on crowd size and business closures are no longer in effect, there is “consequently no relief that this court can grant.”
The Philadelphia-based appeals court also noted that Pennsylvania voters in May approved amendments to the state constitution that give lawmakers much more power over disaster declarations.
The appeals court’s order instructed U.S. District Judge William Stickman IV to vacate his nearly year-old ruling that Wolf’s pandemic restrictions were overreaching and arbitrary and violated citizens’ constitutional rights. The appeals court had previously put the ruling on hold while the Wolf administration appealed.
Stickman, who was appointed by former President Donald Trump, had sided with plaintiffs that included hair salons, drive-in movie theaters, a farmer’s market vendor, a horse trainer and several Republican officeholders in their lawsuit against Wolf, a Democrat, and his health secretary.
Writing separately, 3rd Circuit Judge Kent Jordan said that while he agreed with the majority that the case is legally moot, he noted the Wolf administration has said the constitutional amendments do not affect a state health secretary’s disease-prevention authority to issue mask-wearing and stay-at-home orders or shut down schools and nonessential businesses.
At the same time, Wolf administration officials have said they have no intention of restoring such statewide mitigation measures, even as the highly contagious delta variant of the coronavirus has led to sharply rising infections and hospitalizations.
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Order: Mississippi judges have discretion for COVID safety
Legal Topics |
2021/08/09 08:28
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Mississippi judges have the power to delay trials, limit the number of spectators in courtrooms or take other steps to try to slow the spread of COVID-19, the leader of the state Supreme Court says in an emergency order.
Chief Justice Michael Randolph issued the order Thursday in response to the rapid spread of illness caused by highly contagious delta variant of the virus.
Mississippi has one of the lowest COVID-19 vaccination rates in the nation, and the state health officer, Dr. Thomas Dobbs, said Friday that 97% of new cases of COVID-19 in Mississippi are among people who are unvaccinated.
Randolph’s order said judges may postpone jury trials that are scheduled through Sept. 10. In addition to limiting the number of spectators in courtrooms, judges may require people to wear masks and maintain distance between each other. The order encouraged courts to use teleconferencing and videoconferencing, when possible.
Plea hearings in felony cases must still take place in person, but defendants and others in the courtrooms should wear masks and maintain social distancing.
“Any in-person proceedings shall be limited to attorneys, parties, witnesses, security officers, members of the press and other necessary persons, as determined by the trial judge,” Randolph wrote.
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Family Law Attorneys Website Design
Legal Topics |
2021/07/30 09:39
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Law Promo has been the top website design agency for family law firms. By creating the right look and visual appeal, our custom designs have made a huge impact for family law firms in gaining clientele.
Our team understands family law requires extra care and consideration, as families are going through an emotionally and mentally draining time. Our approach in building family law websites is similar.
We take the time to fully personalize your web layout and devote ample time to include all elements necessary to represent your family law firm in the best light.
Read more.
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Woman convicted in kidnapping gets re-sentencing hearing
Legal Topics |
2021/07/27 00:09
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A woman convicted in the 1987 kidnapping and death of a northern Illinois businessman has been granted a re-sentencing hearing by the state’s appellate court.
Nancy Rish, 59, petitioned in December 2017 for a resentencing hearing so that the court can consider evidence of domestic violence. Stephen Small of Kankakee suffocated in a plywood box when a breathing tube running to the surface failed before a ransom could be paid.
Her attorneys argued Rish was coerced by ex-boyfriend Daniel Edwards into driving him and that she was unaware of his kidnapping plan even as he had her pick him up from the remote, wooded burial site and drive him between phone booths where he made ransom calls.
The attorneys argued her case is what Illinois legislators had in mind when they passed legislation in 2015 giving abuse victims who had been sentenced to prison for crimes a break on their sentences.
In its ruling Thursday, the court noted the state maintained the trial court’s sentence rested on the “horrific nature of the crime in which (defendant) played an integral part” and that the evidence of domestic violence could not overcome the seriousness of the crime.
“This is the first time in 33½ years that she’s gotten a ruling that may result in her sentence being reduced from natural life,” Margaret Byrne, a private attorney who is representing Rish pro bono, told the Chicago Tribune.
Rish was sentenced to life in prison after a jury trial in 1988. Edwards was convicted and sentenced to death. The sentence was commuted to a life term by then-Gov. George Ryan as Illinois moved toward ending the death penalty.
Rish, an inmate at Logan Correctional Center in Lincoln, has maintained her innocence through more than three decades of legal losses. In July 2019, Kankakee County Judge Michael Sabol rejected Rish’s petition for a re-sentencing, rejecting the argument a new sentence was warranted because of a change in Illinois law.
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Web Design for Sole Practitioners
Legal Topics |
2021/07/26 21:14
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Law Promo works a lot with solo practitioners. Our strength is the capacity to provide high-quality yet affordable web design services to solo practitioners.
We are passionate about helping law firms succeed online. Our Content Management System makes it easy for you to request edits to your website, monitor site traffic and get in touch with us around the clock. We strive to exceed expectations and meet all your needs. We are here to help.
We are very aware that running a solo law practice is hard at any stage, but it is especially challenging right at the start.
Having to manage every aspect of the business from advertising to business development can be the hardest part of running a solo practice.
Read more. |
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40-year sentence upheld for man who killed his roommate
Legal Topics |
2021/07/24 07:09
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Maine’s supreme court has upheld a 40-year prison sentence imposed on a man who killed his roommate in Old Orchard Beach.
Dustan Bentley pleaded guilty to murder in the death of 65-year-old William Popplewell, who was beaten, stabbed, and strangled with a ligature.
Police arrested Bentley as he was attempting to use a ratchet and strap to pull the body into the trunk of his car, which was lined with a shower curtain. An autopsy revealed the victim suffered multiple broken bones and had been stabbed up to 30 times.
The Maine Supreme Judicial Court unanimously ruled that there was nothing in the record to indicate that the judge made a mistake.
“At no point did the court depart from sentencing principles or abuse its discretion in coming to or issuing its sentence,” the court said.
Bentley and Popplewell met at a Portland homeless shelter, and Bentley later moved into Popplewell’s apartment in Old Orchard Beach in December 2018. Popplewell was killed in March 2019.
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Bankruptcy proceedings can have long-term benefits
Legal Topics |
2021/07/22 14:56
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Chicago Bankruptcy Law Firm Covers Bankruptcy in the Wake of COVID-19
The COVID-19 pandemic has damaged the economy, leaving many families and business owners worried about how they will pay for even the most basic expenses. In the midst of this crisis, you might be considering filing for bankruptcy or wondering how COVID-19 will affect an existing bankruptcy filing.
No matter your situation, Chicago Bankruptcy Law Firm of Daniel J. Winter is here to help give you the answers and assistance that you need. We are more than happy to explain to anyone in financial distress exactly what their options are.
What Is Bankruptcy?
Bankruptcy is a Federal system of laws, rules, and procedures designed to help legal residents of the U.S. deal with their debts, which, for whatever reason, individuals or businesses cannot pay as they are due. The most common types of Bankruptcy are for people (called Consumer Bankruptcies).
Two major types of Consumer Bankruptcy are: Chapter 7 (liquidation or debt-elimination), Chapter 13 (wage-earner reorganization for individuals or people running unincorporated businesses).
Chapter 11 is a type of Corporate Bankruptcy (reorganization for businesses and certain individuals with extremely large amounts of debt). The Chapter number refers to the section of the Bankruptcy law, called the Bankruptcy Code (which is in Title 11 of the U.S. Code).
Bankruptcy cases almost exclusively fall under federal law, though states may pass laws governing issues that federal law doesn’t address. Special bankruptcy courts nationwide handle only debtor-creditor cases. Generally, any bankruptcy-related claim must be filed with the U.S. Bankruptcy Court.
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