Legal Digest -Supreme Court rules magistrates may preside
Law News
Today's Legal News Bookmark This Website
Supreme Court rules magistrates may preside
Law News | 2008/05/15 07:36
pThe US Supreme Court ruled Monday in Gonzalez v. United States that allowing a magistrate judge to oversee jury selection does not deprive a criminal defendant of the right to a jury trial and complies with the Federal Magistrates Act. The holding affirmed a judgment of the US Court of Appeals for the Fifth Circuit that defendant's counsel may waive the right to have an Article III judge preside over voir dire, and that it was not error to proceed without first getting the defendant's personal consent. Justice Kennedy announced the judgment of the Court; his opinion was joined by Chief Justice Roberts and Justices Stevens, Souter, Ginsburg, Breyer, and Alito. Justice Scalia filed an opinion concurring in the judgment, and Justice Thomas wrote a dissent. /ppIn affirming the Fifth Circuit ruling, Justice Kennedy wrote: /ppNumerous choices affecting conduct of the trial, including the objections to make, the witnesses to call, and the arguments to advance, depend not only upon what is permissible under the rules of evidence and procedure but also upon tactical considerations of the moment and the larger strategic plan for the trial. These matters can be difficult to explain to a layperson; and to require in all instances that they be approved by the client could risk compromising the efficiencies and fairness that the trial process is designed to promote.

In a separate concurrence, Justice Scalia agreed with the conclusion but not with the reasoning upon which it was based. He wrote: /ppI would not adopt the tactical-vs.-fundamental approach, which is vague and derives from nothing more substantial than this Court’s say-so./ppIn his dissent, Justice Thomas advocated overruling the precedents for the decision and wrote:

Where, as here, a mistaken interpretation of a statute leaves the Court with no principled way to answer subsequent questions that arise under the statute, it seems to me that the better course is simply to acknowledge and correct the error.
/p


[PREV] [1] ..[2446][2447][2448][2449][2450][2451][2452][2453][2454].. [2625] [NEXT]
All
Legal News Digest
Law Firm News
Legal Career News
Headline Legal News
Lawyer Blog Updates
Legal Business
Law News
Court Press News
Legal Interview
Legal World News
Press Release
Legal Opinions
Law Firm Marketing
Legal & Political
Law School News
US immigration officials look to exp..
Trump asks supreme court to halt rul..
Turkish court orders key Erdogan riv..
Trump administration says South Afri..
Austria’s new government is stoppin..
Mexico says it will impose retaliato..
Trump signs order designating Englis..
Trump administration says it’s cutt..
Defense secretary defends Pentagon f..
Musk gives all federal workers 48 ho..
Steve Bannon pleads guilty and avoid..
Officers plead guilty in DWI police ..
Trump signs order imposing sanctions..
A federal judge temporarily blocks T..
Trump suspends US foreign assistance..
Man accused of stalking Caitlin Clar..
Florida Attorney General Ashley Mood..
Prominent human rights attorney quit..
TikTok’s fate arrives at Supreme Co..
Trump asks the Supreme Court to bloc..


   Lawyer & Law Firm Links
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
 
 
© Legal News Digest. All rights reserved.

Disclaimer: The content contained on the web site has been prepared by Legal News Media as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. | Criminal Defense Attorney Web Design by Law Promo