National Roundup

Maine
Appeal over removal of black man from jury pool is rejected
PORTLAND, Maine (AP) — Maine’s highest court has upheld the conviction of a black man from Lewiston who appealed because the prosecutors eliminated the only African-American from the jury pool.

Malik Hollis, who’s serving a three-year sentence, contended the judge made a mistake in allowing the exclusion of the only person of color from the jury.

Justice William Stokes said he couldn’t establish any pattern of racial exclusion based on one member of the jury pool being removed. Prosecutors said Juror No. 71 was struck based on education level, not race.

The state supreme court said in its ruling Tuesday that the prosecutor offered a race-neutral explanation for using a peremptory challenge to remove the juror, and that the defense was unable to establish that the explanation was a pretext for discrimination.

Washington
Flynn ‘eager’ for sentencing in lying case, ­attorney says
WASHINGTON (AP) — An attorney for Michael Flynn said Tuesday that the former national security adviser is “eager” to proceed to sentencing and put his criminal case behind him.

Attorney Robert Kelner made the comments during a court hearing Tuesday before U.S. District Judge Emmet Sullivan. It was the first time Flynn had appeared in court since his guilty plea last year to lying to the FBI about his contacts with Russian officials during the presidential transition and his Turkish lobbying work.

Kelner said Flynn wants to put this “chapter” behind him, but special counsel Robert Mueller’s team has requested additional delay while the retired U.S. Army general continues to cooperate with the investigation into Russian election interference and whether President Donald Trump obstructed justice.

Sullivan said he was amenable to delaying sentencing until prosecutors had signaled they were ready but wanted to hold off on having the probation office prepare a pre-sentencing report until a date was set. The two sides will give the judge another update by Aug. 24, when he said he would consider setting a sentencing date for 60 days later in late October.

Under federal guidelines, Flynn’s sentence is estimated to be between zero and six months in prison. Flynn, who served as a top Trump campaign surrogate and briefly served as national security adviser before his firing in February 2017, did not make a statement after the hearing.

In addition to discussing a sentencing date, Kelner told Sullivan that the facts of the case “are not likely to change in any material way” between now and sentencing. And Sullivan told both sides he wouldn’t “micromanage” Flynn’s cooperation with Mueller’s investigation.

A different judge had handled Flynn’s plea last year before recusing from the case, resulting in it being assigned to Sullivan.

Nebraska
Judge acquits superintendent accused of assaulting student
OSHKOSH, Neb. (AP) — A western Nebraska judge has acquitted a school superintendent accused of assaulting an 8-year-old student.

Judge Randin Roland filed a verdict of not guilty last week for Garden County Schools Superintendent Paula Sissel, who’d been charged with misdemeanor assault in Garden County. He’d considered testimony and evidence from a nonjury trial last month in Oshkosh.

A video of the Nov. 13 incident shows Sissel pulling the girl down a hallway before the girl’s placed in what was referred to as a “chill out room.” It’s alleged the girl suffered a rug burn.

Sissel acknowledged pulling the girl, in part to protect a physical therapist who was trying to deal with the girl’s outburst. The girl’s mother says the girl is possibly autistic and functions at the level of a 3- or 4-year-old.

Arizona
State Supreme Court gets appeal on same-sex ­discrimination
PHOENIX (AP) — A wedding invitation business is appealing an Arizona court ruling that upheld a Phoenix anti-discrimination law making it illegal for businesses to refuse service to same-sex couples.

The Brush & Nib Studio on Monday asked the Arizona Supreme Court to review a June 7 state Court of Appeals ruling that the ordinance is constitutional and does not violate freedom of religion or speech.

Phoenix expanded the ordinance in 2013 to include protections against discrimination and bias based on sexual orientation and gender identity.

Alliance Defense Freedom attorneys representing Brush & Nib owners Joanna Duka and Breanna Koski contend the ordinance violates artists’ freedoms to choose messages they will convey.

A trial judge last October denied a pre-emptive request by Duka and Koski for an injunction barring enforcement of the ordinance.

North Dakota
Man pleads not guilty to child ­obscenity charges
BISMARCK, N.D. (AP) — A Bismarck man accused of terrorizing and sending child pornography has pleaded not guilty in South Central District Court.

The Bismarck Tribune reports that 50-year-old Curtis McGarvey is charged with 21 counts of promoting obscenity to minors, six counts of promoting a sexual performance, one count of child neglect, one count a terrorizing and a misdemeanor count of stalking.

McGarvey waived his right to a preliminary hearing. A judge set trial for Jan. 7.

Authorities say McGarvey planted covert cameras in his residence and stalked an underage girl. The terrorizing charge is connected to a bomb threat at a high school banquet.

Justin Vinje, McGarvey’s attorney, said earlier that his client maintains his innocence.

Maryland
Gun, drugs found in car where girl was shot; driver charged
BALTIMORE (AP) — A woman who was driving the car in which a Maryland child was shot last week has been ordered held without bail on gun and drug charges.

The Baltimore Sun reports Baltimore District Judge Flynn M. Owens issued the order Monday for 33-year-old Darnell Holmes. Holmes was driving in Baltimore last Thursday with her daughter and 7-year-old Taylor Hayes in the back seat. Shots were fired, wounding Taylor. She was taken to a hospital in critical condition. Holmes’ daughter was not injured.

Holmes’ attorney, Staci Pipkin, says Holmes doesn’t know who shot at the car and that Taylor is the daughter of Holmes’ cousin. Holmes was charged with possessing drugs and a gun after police found a loaded pistol, heroin and a digital scale in her glove box.
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Information from: The Baltimore Sun, http://www.baltimoresun.com