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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: 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.



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.



Court to decide whether farmers must pay tax
Court Feed News | 2011/06/13 15:28

The Supreme Court will decide whether a couple must pay taxes on the bankruptcy sale of their family farm.

The high court on Monday agreed to hear an appeal from Lynwood and Brenda Hall.

The Halls were forced to sell their family farm for $960,000 to settle their bankruptcy debts. That sale brought about capital gains taxes of $26,000. The Halls wanted the taxes treated as part of the bankruptcy, paying part of it and having the court discharge the rest.

The IRS objected to that plan, saying all of the taxes must be paid and the 9th U.S. Circuit Court of Appeals in San Francisco agreed with the tax agency.

The high court will review that decision.



Toyota class action suit to start with Utah case
Court Feed News | 2011/06/10 20:35
The first lawsuit to go to trial in a massive class action against Toyota Motor Corp. over acceleration problems that led the company to recall 14 million cars will involve a crash that killed two people in western Utah, a federal judge said Friday.

U.S. District Judge James Selna told attorneys the case of 38-year-old Charlene Jones Lloyd and 66-year-old Paul Van Alfen, whose Toyota Camry slammed into a wall in Utah in 2010, is scheduled to go to trial in February 2013.

The case — Van Alfen v. Toyota Motor Sales, U.S.A., Inc. — will be the first of several bellwether lawsuits, intended to determine how the rest of the litigation will proceed.

Selna wrote in a tentative order that he hoped the selection would "markedly advance these proceedings."

"The Court believes that selection of a personal injury/wrongful death case is most likely the type of case to meet that goal," Selna said.

Toyota said it welcomes the Utah case as the first suit to reach court.

"We are pleased that the initial bellwether will address plaintiffs' central allegation of an unnamed, unproven defect in Toyota vehicles, as every claim in the multi-district litigation rests upon this pivotal technical issue," the company said in a statement.

Toyota has previously argued the plaintiffs have been unable to prove that a design defect in its electronic throttle control system is responsible for vehicles surging unexpectedly. It has instead blamed driver error, faulty floor mats and sticky accelerator pedals.


Court: Using car to flee can be considered violent
Court Feed News | 2011/06/09 14:54
The Supreme Court says fleeing police custody in a vehicle can be considered a violent felony.
The high court made its ruling on Thursday in the case of Marcus Sykes.

Sykes was convicted of being a felon in possession of a handgun in 2008. Officials said he was subject to a sentencing enhancement because of two previous felony convictions, one of which was fleeing the police in a car in Indiana.

Sykes argued his fleeing conviction shouldn't be considered violent and two federal appeals courts, the 7th Circuit in Chicago and the 11th Circuit in Atlanta, have ruled in opposite ways.

The high court said in a 6-3 judgment that Sykes' flight from police can be considered a violent felony.


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