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Court drops rape, other charges against megachurch leader
Court Watch | 2020/04/04 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.


Court: Utilities cannot charge energy-making customers more
Court News | 2020/04/02 10:54
Utilities cannot charge customers who produce some of their own energy more than other customers, the Kansas Supreme Court ruled Friday in a decision that strikes down proposed rates from two companies.

The state's highest court found the proposals by Westar and Kansas Gas and Electric constitute price discrimination against residential customers who use solar panels or windmills to generate some or all of their electricity.

The opinion, written by Justice Caleb Stegall, said such price discrimination undermines the policy preferences of the Legislature. It notes lawmakers codified into state law the goal of incentivizing renewable energy production by private parties.

Calling the utility companies' proposal unlawful, the state Supreme Court reversed a lower appeals court ruling that had upheld it and ruled the Kansas Corporation Commission erred in approving the discriminatory rate. It sent the matter back to the commission for further proceedings.



Kentucky court proceedings to be held remotely through May 1
Court Watch | 2020/04/01 10:55
The Kentucky Supreme Court issued a new order closing judicial facilities to in-person services and postponing eviction filings.

The changes strengthen the court's order a couple of weeks ago and restrict dockets, jury trials and jury service during the coronavirus pandemic, the court said in a news release.

“As difficult as these restrictions may be, the Judicial Branch must do its part to practice stringent social distancing while providing essential, constitutionally mandated services,” Kentucky Chief Justice John D. Minton Jr. said.

The new order says all parties to proceedings and attorneys must be allowed to participate remotely.

Judicial facilities were closed to in-person services as of Wednesday with some exceptions.

Eviction filings will not be accepted until 30 days after the order expires “pursuant to federal and state moratoriums on evictions and public health and safety concerns,” the release said. The changes are in effect through May 1.



Texas court delays 2nd execution due to virus outbreak
Headline Legal 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.


Supreme Court: Justices healthy and trying to stay that way
Legal Business | 2020/03/21 17:14
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.


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