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COVID could create crisis in Alex Murdaugh murder trial
Law Firm News | 2023/02/09 10:47
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.

The trial started with six alternate jurors, but is now down to three.

“My only concern is we don’t create train wreck with this jury,” said defense attorney Dick Harpootlian, who immediately began wearing a mask.

Prosecutor Creighton Waters said he agreed with the defense that delaying the trial for a few days to make sure COVID isn’t spreading is much better than losing so many jurors there has to be a mistrial and three weeks of work is gone. He also suggested limiting the number of people inside the large, century-old courtroom. The trial is being livestreamed and shown on television.

“A little less numbers might be warranted. None of us want to limit anything, but we’re in different paradigm. Both of us have a concern about getting this thing to the end without COVID causing it to fall apart,” Waters said.

The judge said he would keep all options in mind, but for now the trial will continue without any changes.

“We just have to take precautions as we all do as we navigate through life during this period of time,” Newman said.


Court nixes South Carolina’s lifelong sex offender registry
Law Firm News/South Carolina | 2021/06/09 10:17
South Carolina’s Supreme Court ruled on Wednesday that a state law requiring sex offenders to register for life, without prior judicial review, is unconstitutional.

In a unanimous ruling, justices wrote that “requirement that sex offenders must register for life without any opportunity for judicial review violates due process because it is arbitrary and cannot be deemed rationally related to the General Assembly’s stated purpose of protecting the public from those with a high risk of re-offending.”

Justices set a 12-month timeline to implement the ruling, to give state lawmakers time to “correct the deficiency in the statute regarding judicial review.”

The case stems from a lawsuit originally brought by Dennis Powell, who was arrested in 2008 for criminal solicitation of a minor after authorities said he had graphic online conversations with someone he thought was a 12-year-old girl, but who was actually an undercover officer.

After pleading guilty, Powell was sentenced to two years in prison and ordered to register as a sex offender, which South Carolina’s statute mandates as a lifelong situation.

South Carolina’s sex offender statute requires biannual registration, in-person at a sheriff’s office, but provides for no periodic review by a judge, a situation the Supreme Court called “the most stringent in the country.”

“The lifetime inclusion of individuals who have a low risk of re-offending renders the registry over-inclusive and dilutes its utility by creating an ever-growing list of registrants that is less effective at protecting the public and meeting the needs of law enforcement,” justices wrote. “There is no evidence in the record that current statistics indicate all sex offenders generally pose a high risk of re-offending.”

The court ruled that Powell should be immediately removed from the state’s sex offender registry. Powell had also challenged a portion of the statute that permits the registry to be published online, which the court upheld.

Attorneys for both Powell and the State Law Enforcement Division did not immediately return text messages seeking comment on the ruling.


Most virus-related restrictions lifted for Kentucky courts
Law Firm News/Kentucky | 2021/05/18 11:35
Kentucky’s Supreme Court has ended most coronavirus-related restrictions for the state’s court system effective immediately, Chief Justice John D. Minton Jr. said Tuesday.

The high court entered administrative orders eliminating most health and safety requirements related to COVID-19 and expanding in-person court operations, Minton said.

“After the most challenging year in the history of the modern court system, I am pleased to announce that the Supreme Court has lifted most of the COVID-19 restrictions for employees, elected officials and those entering court facilities across the commonwealth,” Minton said.
The court’s action “allows us to begin transitioning back to normal operations,” he added.

The changes include allowing in-person access to court facilities for anyone with court business, except for those who have symptoms, tested positive or have been exposed to COVID-19.

The mask mandate is eliminated for fully vaccinated people entering court facilities and for fully vaccinated court officials and employees, but those not fully vaccinated are strongly encouraged to continue using masks. Judges will be permitted to require people in their courtrooms to wear masks.

The court lifted most restrictions on jury trials but requires continuances, postponements and recusals for attorneys, parties and jurors who are ill or at increased risk of severe illness from COVID-19.



Court: Police executing 'no-knock' warrant before shooting
Law Firm News | 2017/02/13 23:48
Court documents show Hickory police were executing a "no knock" search warrant when a police officer was shot in the arm by a suspect who was shot and killed.

WSOC-TV in Charlotte reports documents showed that police were concerned that one of their officers might be hurt while carrying out the warrant. Hickory Police Chief Thurman Whisnant said that as soon as officers came through the door, they identified themselves and announced they were executing the warrant.

The search warrant listed more than a decade of convictions against 33-year-old William David Whetstone for assaults and drug charges.

Police said Whetstone disobeyed orders not to move, pulled a gun and shot an officer in the arm on Feb. 3. Two other officers then shot Whetstone, who died at the scene.


Houston Personal Injury Lawyers
Law Firm News/Texas | 2014/12/08 14:51
An Employer in Texas is obligated to make sure your workplace is safe, that you have competent co-workers, and that you receive proper training and supervision, in addition to following other policies for your safety. Negligence on their watch may result in injuries, ranging from fall, burn, and crush injuries, to broken bones, amputation, and
death. Without proper protection from pinch points, machines, and the assistance of coworkers, you may be in danger. Other hazards include improper fall protection, ladders without safety cages, and poor housekeeping with tripping hazards.

Even if you are receiving workers’ compensation payments for your injuries, and you have been told you are barred by the workers’comp bar, you may still have a claim against a third party for creating or failing to remedy the hazard, such as a general contractor or
contractor, product manufacturer or safety consultant.

You may have a claim against a third party for making a hazard in your workplace, even if you are already receiving workers' compensation payments. Even if you have been told you are barred by the "workers' comp bar," a safety consultant or general contractor may be to blame.

You may have signed a pre-injury waiter, but there is change it is not enforceable. Call one of our personal injury lawyers in Houston, Texas to have questions answered or a case reviewed.


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