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Court seems divided over Miranda rights case
Law & Court News |
2011/10/05 10:46
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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. |
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Swiss sports court overturns Olympic doping rule
Top Court Watch |
2011/10/05 09:39
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Olympic champion LaShawn Merritt was cleared to defend his 400-meter title in London next year after the American won his appeal Thursday against an IOC rule banning doping offenders from the games.
The Court of Arbitration for Sport annulled the International Olympic Committee rule that bars any athlete who has received a doping suspension of more than six months from competing in the next summer or winter games.
The three-man CAS panel said the rule, adopted in 2008, was invalid and unenforceable because it amounted to a second sanction and did not comply with the World Anti-Doping Agency code. It said the rule amounted to a disciplinary sanction rather than a matter of eligibility.
Merritt, the American 400-meter gold medalist in Beijing, had been ineligible under the IOC rule to compete in London even though he completed his doping ban this year after testing positive for a banned substance found in a male-enhancement product. |
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Samsung Seeking To Block Sale Of New IPhone 4S
Attorney Blog News |
2011/10/05 03:46
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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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Court: Can gov't get involved in church dispute?
Topics in Legal News |
2011/10/04 10:46
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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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Wis. Supreme Court takes payday loan case
Top Court Watch |
2011/09/26 09:48
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The state Supreme Court has agreed to decide whether Wisconsin law permits judges to determine when payday loan interest rates are too high.
The court will consider whether state statutes block judges from determining if a particular interest rate is unconscionable and, if they don't, what evidence would prove rates are too high.
The case stems from loans Jesica Mount of Onalaska secured from Payday Loan Stores of Wisconsin Inc. in 2008. According to court documents, annual interest rates on the loans varied from 446 percent to 1,338 percent.
The loan company filed a lawsuit against Mount after she failed to make her payments. Mount filed a counterclaim alleging the loans violated the Wisconsin Consumer Act because the rates were unconscionable. |
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