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Tag Archives: Due Process

Justices hear SC case on right to counsel in child support nonpayment matter (access required)

The U.S. Supreme Court considered March 23 whether a civil contempt proceeding that results in a jail term triggers the constitutional right to counsel. Turner v. Rogers - formerly Turner v. Price - involves Michael Turner's failure to pay more than $5,000 in child support. After failing to appear at a contempt hearing, he was ordered to be jailed for six months or until he paid the outstanding amount. At another contempt hearing, where Turner was not represented by counsel, he said was unable to pay due to his incarceration, drug addiction and physical disability. The court sentenced him to a term of incarceration not to exceed 12 months or until he could pay.

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Court says expelled Sumter High students got due process (access required)

Parents who went all way to the state Supreme Court with claims of due process violations by a school district are heading back to circuit court after the justices ruled that their sons had gotten the necessary due process. Joseph and Cynthia Stinney challenged Sumter School District 17 when a high school expelled their two sons in 2003. They claimed the district violated their sons' due process rights but they never took their appeal of the expulsions as far as circuit court. Two years later, they sued the district in tort, including due process claims among their causes of action.

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