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Court drops rape, other charges against megachurch leader
Court News | 2020/04/07 13:05
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.

“In their zeal to secure a conviction at any cost, the Attorney General has sought to strip Mr. Garcia of his freedom without due process by locking him up without bail on the basis of unsubstantiated accusations by unnamed accusers and by denying him his day in court,” Jackson said in a statement.

La Luz del Mundo officials in a statement urged their followers to remain respectful and pray for authorities.


Poland chamber penalizing judges must be suspended
Headline Legal News | 2020/04/02 13:09
Europe’s top court on Wednesday ordered Poland's government to immediately suspend a body it set up to discipline judges, saying the chamber did not guarantee independence or impartiality of its verdicts.

The Disciplinary Chamber of Poland’s Supreme Court, which was appointed by the right-wing government in 2017, is widely seen as a tool for the government to control judges who are critical of its policies.

The European Union, which has said the chamber violates basic values of judicial independence and Poland's rule of law, took Poland's government to the European Court of Justice in October.

While the case is still being considered, the European court ordered the Disciplinary Chamber suspended, saying its activity could “cause serious and irreparable harm with regard to the functioning of the EU legal order.”

Poland's government argues it has full right to shape its judiciary, saying it needs to be made more efficient and freed of its communist-era legacy.

Deputy Justice Minister Anna Dalkowska said the government will “weigh various options" after the European court's order.


Justice delayed: Virus crisis upends courts system across US
Court Watch | 2020/04/02 13:07
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.


Supreme Court: Justices healthy and trying to stay that way
Court News | 2020/03/21 17:50
The Supreme Court reported Friday that the nine justices are healthy and trying to stay that way.

To that end, when the court held its regularly scheduled private conference Friday morning, some of the justices participated remotely, and those who were in the building did not engage in the tradition of shaking hands, court spokeswoman Kathy Arberg said.

The court plans to issue opinions Monday in cases argued during the fall and winter without taking the bench, Arberg said. The last time that happened was when the court decided Bush v. Gore late in the evening of Dec. 12, 2000, essentially settling the disputed 2000 presidential election in favor of Republican George W. Bush.

Arberg wouldn't say who showed up in person Friday to the justices' conference room, adjacent to Chief Justice John Roberts' office. Six of the nine justices are 65 and older, at higher risk of getting very sick from the illness, according to the Centers for Disease Control and Prevention. Justices Ruth Bader Ginsburg, who turned 87 on Sunday, and Stephen Breyer, 81, are the oldest members of the court.

Justice Brett Kavanaugh, 54, flew on a commercial flight last week between Washington, D.C., and Louisville, Kentucky, for a ceremony in honor of U.S. District Judge Justin Walker, a former law clerk whom President Donald Trump named to the federal bench last year.


Texas court delays 2nd execution due to virus outbreak
Court Watch | 2020/03/20 17:50
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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