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Fillmore County District Court: Benson will hear Morten case


Fri, Oct 24th, 2003
Posted in Features

Morten is charged with second degree manslaughter in the shooting death of Tim Loeding on August 29.

On September 16, Morten’s attorney, Chris Ritts, had asked that Judge Benson to remove himself from the case. Benson had presided over a Rule 5 hearing in the Morten case on September 5, which was later continued so that the defendant could undergo psychiatric evaluation to see if he is able to help in his own defense.

Under state statue, a judge can be removed from a case without prejudice if notice is made within seven days of a judge being named.

Benson rejected Ritts’ request to remove himself from the case, as the seven day rule had expired. Ritts filed a motion with the Court of Appeals.

The Court of Appeals upheld Benson’s decision to stay on in the case, stating that the Ritts’ request was not filed in a timely manner. The court said that in this case the party (not the party’s attorney) was properly notified of who the judge would be. The Court of Appeals ordered that Ritts’ motion be denied.

Morten’s next court appearance has been rescheduled to November 3, at 1:00 p.m.

Felony Charges

•Chadwick Alan McCorquo-dale, 22, Stewartville, was charged with Domestic Abuse and felony interference with a 911 call stemming from an incident in Sumner Township on December 19, 2002. McCorquodale was released on his own recognizance.

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