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Court says age must be considered in interrogation
Court Feed News | 2011/06/16 13:05

The Supreme Court says courts must consider age when examining whether a child is in custody and must be given Miranda rights.

The high court on Thursday ruled that police and school officials were wrong when they interviewed a 13-year-old special education student about a string of break-ins in Chapel Hill, N.C.

The interview took place in a closed room at his school. The boy was never read his Miranda rights, and his lawyer challenged the use of his confession.

The North Carolina Supreme Court refused to throw out the confession and said courts cannot look at age when examining whether the boy thought he could leave.

But the U.S. Supreme Court said in a 5-4 vote that courts have to consider how old the child was during the interrogation.



Court says judges can't give extra time for rehab
Legal Career News | 2011/06/16 10:05

The Supreme Court says judges cannot give convicts extra time in prison in hope it will be used to get them into rehabilitation services.

The high court on Thursday unanimously ruled in favor of Alejandra Tapia, who was trying to reduce her 51 month sentence for alien smuggling, gun possession and bail jumping.

She wanted a three-year sentence, but the judge said that a longer sentence would increase her chances of getting into a 500-hour prison drug rehabilitation program. Tapia was never placed in the program.

Tapia says Congress has disapproved of judges using imprisonment as a method of rehabilitation. The lower courts disagreed.



Ohio court investigating lawyer who tipped Tressel
Lawyer Blog News | 2011/06/15 16:01
The attorney whose email tip to Jim Tressel launched a scandal that led to his forced resignation as Ohio State's football coach and possible NCAA discipline for the school is being investigated for legal misconduct by the Ohio Supreme Court.

Sanctions against lawyer Christopher Cicero could range from a public reprimand to permanently losing his law license.

State Disciplinary Counsel Jonathan Coughlan alleged in a filing Monday that Cicero violated professional conduct rules by revealing information from interviews with a potential client.

Cicero, a former Ohio State football player in the early 1980s, met with Columbus tattoo parlor owner Edward Rife on April 2, 2010 and again on April 15, 2010 to discuss whether Cicero would represent him in a federal drug trafficking case, according to the filing.

During an April 1, 2010 raid on Rife's business, federal agents seized several pieces of Ohio State football memorabilia, including gold pendants, autographed photos and championship rings, the filing said.

During an April 2 meeting with Cicero, Rife explained his involvement in criminal activity and also explained how he acquired the Ohio State memorabilia, the filing said.


Court: NJ Megan's Law killer can continue appeal
Court Feed News | 2011/06/14 15:47

The man convicted of killing a 7-year-old girl who became the namesake of Megan's Laws across the country should be allowed to pursue claims that his lawyers were ineffective, a state appeals court ruled Tuesday.

But the appeals court did not agree with Jesse Timmendequas' argument that his kidnapping, sexual assault and murder conviction should be overturned and he should be released from prison.

Instead, the appeals court ordered a state judge to consider whether there's merit to Timmendequas' arguments about faulty representation.

Timmendequas was convicted in 1997 and given a death sentence with the provision that if the death sentence was vacated by a court, he would still serve consecutive life sentences for murder and first-degree kidnapping. The state Supreme Court affirmed the conviction and the federal Supreme Court refused to hear his appeal.



NY top court rejects online defamation suit
Criminal Law Updates | 2011/06/14 12:47
New York's top court has rejected a real estate broker's defamation claim against a rival business over anonymous comments posted on its website saying the broker mistreated agents, failed to pay bills and was racist and anti-Semitic.

The Court of Appeals split 4-3 in Tuesday's ruling that the federal Communications Decency Act prohibits the claim by Christakis Shiamili, head of Ardor Realty Corp. He had sued The Real Estate Group of New York, its chief operating officer and the employee who moderated the now-defunct website.

The content was posted for a few days in February 2008.

The court majority says the federal law protects those who administer Web content provided by third parties.

The dissenting judges say the operator provided notes and an illustration contributing materially to "scurrilous defamatory attacks."


Suspected Colombian drug kingpin nixes plea deal
Court Feed News | 2011/06/14 11:49

The suspected leader of a Colombian cocaine cartel had planned to plead guilty Tuesday to a drug conspiracy charge, but opted at the last minute to go to trial instead because the deal prosecutors offered meant he would likely die in prison.

An exasperated U.S. District Judge Patricia Seitz warned Jaime Alberto Marin-Zamora that the latest continuance in his case — the third — would be his last. She scheduled a trial for Sept. 26.

"That's the drop-dead date," Seitz told Marin-Zamora, who was clad in tan prison garb and was using earphones so he could hear an interpreter translate the judge's words to Spanish.

Defense lawyer David Fernandez told The Associated Press after the hearing that prosecutors offered a plea deal that would effectively mean a life sentence, which is the maximum Marin-Zamora faces if convicted of cocaine trafficking conspiracy at trial.

"We're not going to take a plea that would let him rot in jail for the rest of his life," Fernandez said. "We were looking for a number we could live with and my guy wouldn't die in jail."

Fernandez declined to discuss specific details of the negotiations.



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