Double Jeopardy: Answers to Six Questions About Donald Trump’s Second Impeachment Trial

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks.

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In the Matter of the Estate of Costas E. Pavlou

Citation: 2020-CA-00010-SCT

Opinion Date: January 14, 2021

Judge: James W. Kitchens

Areas of Law: Civil Procedure, Trusts & Estates

Kenneth Rogers appealed a chancery court order granting authority to the executor of the Estate of Costas E. Pavlou (the estate) to disburse funds to the estate’s attorneys. The chancellor found that Rogers lacked standing to challenge the disbursement because he had not probated a claim against the estate. After review, the Mississippi Supreme Court found it had jurisdiction over the appeal, but Rogers did not designate the documents on which he based his appellate challenge to the chancellor's decision. Because the Supreme Court was unable to review Rogers' arguments due to his not having designated relevant portions of the record, the chancery court order was affirmed.

In the Matter of the Presumption of Death of Audray Johnson

Citation: 2020-CP-00240-SCT

Opinion Date: January 14, 2021

Judge: Griffis

Areas of Law: Family Law

Ashley Bionte Johnson filed a petition for presumption of death and requested that the chancellor presume her father, Audray Johnson, dead. She claimed that her father, Audray, had been gone from his physical body for more than seven years and should be presumed dead. Audray suffers from mental illness and has been treated for dissociative identity disorder. In 2017, Audray changed his name from Audray Johnson to Akecheta Andre Morningstar. In February 2020, a hearing was held on Ashley’s petition. Morningstar was present at the hearing and testified regarding Audray’s death. According to Morningstar, Audray’s spirit expired more than seven years ago, and Morningstar occupied Audray’s physical body. Morningstar testified that he was “an ambassador . . . a hybrid . . . part angel, part human” who originated “from the heavens.” He explained that he was “dispatched” to earth “to save the world.” Although Morningstar admitted he occupied Audray’s physical body, he asserted he “shouldn’t have the responsibility of taking care of a dead man’s family.” The chancellor denied Ashley’s petition, and Ashley timely appealed. The Mississippi Supreme Court determined Audray had not been absent from, and did not conceal himself in Mississippi for seven years, therefore the chancellor’s denial of the petition was affirmed.