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Supreme Court rejects challenge to limits on church services
Court Watch |
2020/05/30 11:49
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A divided Supreme Court on Friday rejected an emergency appeal by a California church that challenged state limits on attendance at worship services that have been imposed to contain the spread of the coronavirus.
Over the dissent of the four more conservative justices, Chief Justice John Roberts joined the court's four liberals in turning away a request from the South Bay United Pentecostal Church in Chula Vista, California, in the San Diego area.
The church argued that limits on how many people can attend their services violate constitutional guarantees of religious freedom and had been seeking an order in time for services on Sunday. The church said it has crowds of 200 to 300 people for its services.
Roberts wrote in brief opinion that the restriction allowing churches to reopen at 25% of their capacity, with no more than 100 worshipers at a time, “appear consistent" with the First Amendment. Roberts said similar or more severe limits apply to concerts, movies and sporting events “where large groups of people gather in close proximity for extended periods of time.”
Justice Brett Kavanaugh wrote in dissent that the restriction “discriminates against places of worship and in favor of comparable secular businesses. Such discrimination violates the First Amendment.” Kavanaugh pointed to supermarkets, restaurants, hair salons, cannabis dispensaries and other businesses that are not subject to the same restrictions. Lower courts in California had previously turned down the churches' requests.
The court also rejected an appeal from two churches in the Chicago area that objected to Gov. Jay Pritzker’s limit of 10 worshipers at religious services. Before the court acted, Pritzker modified the restrictions to allow for up to 100 people at a time. There were no recorded dissents. |
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Netanyahu heads to court as 1st sitting Israeli PM on trial
Court Watch |
2020/05/20 12:34
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Israeli Prime Minister Benjamin Netanyahu is lashing out at Israel’s justice system, saying his trial on corruption charges is an attempt to “depose” him.
Prime Minister Benjamin spoke Sunday as he arrived at a Jerusalem courthouse for the start of his trial. Netanyahu is set to appear at the opening hearing at a Jerusalem district court, after his request to have his lawyers represent him instead was rejected. The courthouse was drawing crowds of supporters, protesters and media hoping to witness Netanyahu enter the building, where he will hear the arraignment against him.
The dramatic scene comes just days after the long-serving leader swore in his new government, breaking more than a year of political stalemate following three inconclusive elections.
Netanyahu held his first Cabinet meeting with the new government just hours before heading to court. Neither he nor any of his ministers addressed the looming trial but the country's outgoing religious affairs minister wished Netanyahu that “God will bring the truth out” at his trial.
Netanyahu faces charges of fraud, breach of trust, and accepting bribes in a series of corruption cases stemming from ties to wealthy friends. He is accused of accepting lavish gifts and offering to grant favors to powerful media moguls in exchange for favorable coverage of him and his family. He denies the charges and has lashed out at the media, police, prosecution and courts of forging a conspiracy to oust him. It comes after years of scandals swirling around the family.
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High court declines to hear Nebraska, Missouri death cases
Court Watch |
2020/04/23 14:37
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The Supreme Court is passing for now on deciding whether juries must find all facts necessary to impose a death sentence or whether judges can play a role, an issue Nebraska and Missouri death row inmates had asked the court to take up.
The high court on Monday declined to hear appeals brought by Nikko Jenkins and Craig Wood. The court, as is usual, didn't comment in turning away the cases.
Wood is on death row in Missouri after being convicted of kidnapping, raping and killing 10-year-old Hailey Owens in 2014. The jury that convicted Would couldn’t decide whether to sentence him to death or life in prison without parole. That left the decision up to the judge who oversaw Wood’s trial.
Jenkins is on death row in Nebraska after killing four people in Omaha shortly after his 2013 release from prison, where he had served 10 years for two carjackings. Jenkins pleaded no contest to the killings and a three-judge panel was appointed to sentence him. Jenkins waived his right to have a jury assess aggravating circumstances and the panel sentenced him to death.
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Justice delayed: Virus crisis upends courts system across US
Court Watch |
2020/04/02 13:07
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The coronavirus pandemic has crippled the U.S. legal system, creating constitutional dilemmas as the accused miss their days in court. The public health crisis could build a legal backlog that overwhelms courts across the country, leaving some defendants behind bars longer, and forcing prosecutors to decide which cases to pursue and which to let slide.
“Everybody is scrambling. Nobody really knows how to handle this,” said Claudia Lagos, a criminal defense attorney in Boston.
Judges from California to Maine have postponed trials and nearly all in-person hearings to keep crowds from packing courthouses. Trials that were underway ? like the high-profile case against multimillionaire real estate heir Robert Durst ? have been halted. Some chief judges have suspended grand juries, rendering new indictments impossible. Other have allowed them to sit, though six feet apart.
Prosecutors may have to abandon some low-level cases to keep people from flooding into the legal system.
Many judges are holding hearings by phone or video chat to keep all cases from grinding to a halt. Other courts are stymied by outdated technology. The clerk for the the 9th U.S. Circuit Court of Appeals, Molly Dwyer, likened the logistical challenges to “building the bike as we ride it.”
Judges have asked for emergency powers to delay trials longer than the law generally allows and extend key deadlines, like when a defendant must initially appear in court. |
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Texas court delays 2nd execution due to virus outbreak
Court Watch |
2020/03/20 17:50
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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. |
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