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Court seems divided over Miranda rights case
Legal News Digest |
2011/10/05 09:38
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The Supreme Court seemed split Tuesday on whether to require police to read Miranda rights to prison inmates every time they interrogate them about crimes unrelated to their current incarceration.
The high court heard arguments from lawyers from the state of Michigan who want a federal appeals court decision overturning Randall Lee Fields' conviction thrown out.
Fields was serving a 45-day sentence in prison on disorderly conduct charges when a jail guard and sheriff's deputies from Lenawee County, Mich., removed him from his cell and took him to a conference room. The deputies, after telling him several times he was free to leave at any time, then questioned him for seven hours about allegations that he had sexually assaulted a minor. Fields eventually confessed and was charged and convicted of criminal sexual assault.
Fields was then sentenced to 10 to 15 years in prison but appealed the use of his confession, saying that he was never given his Miranda rights on the sexual assault charges.
On appeal, the 6th Circuit Court of Appeals in Cincinnati threw out his confession and conviction, ruling that it is required that police read inmates their Miranda rights anytime they are isolated from the rest of the inmates in situations where they would be likely to incriminate themselves.
This case is another example of the courts' recent struggle to clearly define Miranda rights, which have been litigated since they first came into being in 1966. The courts require police to tell suspects in custody they have the right to remain silent and the right to have a lawyer represent them, even if they can't afford one. |
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High court appears to favor Ala. death row inmate
Legal World News |
2011/10/05 09:38
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The tale of returned mail and a missed deadline might seem comical, if it did not involve a man trying to stave off execution. Supreme Court justices had harsh words Tuesday for lawyers who abandon their clients and a state legal system that does not seem overly concerned.
At the end of a lively hour of arguments, it appeared that the court would order a new hearing for Alabama death row inmate Cory Maples, who lost the chance to appeal his death sentence because of a mailroom mix-up at the venerable New York law firm Sullivan and Cromwell and the diffidence of a local court clerk.
Two Sullivan and Cromwell lawyers were pressing Maples' claim that his earlier legal representation was so bad that it violated the Constitution -- until they both left the firm without telling Maples or the Alabama courts.
Deadlines usually matter a lot at the Supreme Court, where a few years back a defendant who was late to file an appeal because the judge gave his lawyer the wrong date still lost his case. Another principle to which the court often holds dear is that it's tough luck for defendants whose lawyers make mistakes.
But Tuesday's case, perhaps because it involves the death penalty, was the rare instance when the court seemed prepared to grant some leeway on both counts. |
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Bankruptcy judges asking $100 to cover Kagan talk
Legal News Digest |
2011/10/05 03:48
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The national organization of bankruptcy judges says reporters are welcome to cover Supreme Court Justice Elena Kagan's talk at its convention in mid-October, if they pay $100.
Groups sometimes close their events to the press or allow reporters in with restrictions on the use of cameras and audio recorders. But it's very unusual to charge the news media merely to attend.
Kagan is scheduled to speak Oct. 15, at the end of the four-day conference in Tampa, Fla. She did not immediately comment on the fee arrangement.
Christine Molick, executive director of the National Conference of Bankruptcy Judges, says the $100 fee is greatly reduced from what other attendees must pay. Registration fees for some participants top $900, according to the organization's website. |
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Court: Can gov't get involved in church dispute?
Legal News Digest |
2011/10/04 10:49
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The Supreme Count on Tuesday seemed deeply divided on how far the government can intrude inside the employment practices of churches and religious groups, a decision being closely watched by religious institutions concerned about their independence and by civil rights groups looking out for their employees.
The issue in the dispute between the Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich., and former teacher Cheryl Perich is whether a government agency has the right to sue the school on her behalf for firing her after she complained of discrimination under the Americans with Disabilities Act.
Perich was promoted from a temporary lay teacher to a called teacher in 2000 at the Redford, Mich., school by a vote of the church's congregation and hired as a commissioned minister. She taught secular classes, as well as a religious class four days a week. She also occasionally led chapel service.
She got sick in 2004 but tried to return to work from disability leave despite being diagnosed with narcolepsy. The school said she couldn't return because they had hired a substitute for that year. They fired her after she showed up and threatened to sue to get her job back.
Perich complained to the Equal Employment Opportunity Commission, which sued the church for violations under the disabilities act.
A federal judge threw out the lawsuit, saying that Perich fell under the ADA's ministerial exception, which keeps the government from interfering with church affairs. But the 6th U.S. Circuit Court of Appeals reinstated her lawsuit, saying Perich's primary function was teaching secular subjects so the exception didn't apply. |
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Samsung Seeking To Block Sale Of New IPhone 4S
Legal News Digest |
2011/10/04 10:48
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Samsung said it will file court injunctions in France and Italy seeking to block the sale of Apple's latest iPhone amid an intensifying patent fight between the smartphone giants.
Samsung plans to file preliminary injunctions in Paris and Milan asking that courts block Apple's iPhone 4S from being sold in France and Italy, alleging patent infringement of wireless telecommunications technology, the company said Wednesday.
Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology, and we will steadfastly protect our intellectual property, Samsung said in a statement.
The South Korean company did not say when the French and Italian filings would take place, but also said it plans similar moves in other countries after further review.
The announcement comes one day after Apple Inc. unveiled the iPhone 4S in the United States.
Seoul-based Apple spokesman Steve Park, speaking by phone from Japan, declined to comment on Samsung's announcement.
The companies have been at odds since April when Apple took legal actions claiming Samsung's Galaxy line of smartphones and tablet computers copy the iPhone and iPad. Samsung has responded by taking Apple to court over what it alleges are violations of its patents covering wireless communications. |
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