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Author Archives: Kimberly Atkins

Does jail term issue trigger right to counsel?

The U.S. Supreme Court considered Wednesday whether a civil contempt proceeding that results in a jail term triggers the constitutional right to counsel. Turner v. Rogers — formerly Turner v. Price — involves Michael Turner’s failure to pay more than $5,000 in child support. After failing to appear at a contempt hearing, he was ordered to be jailed for six months or until he paid the outstanding amount. At another contempt hearing, where Turner was not represented by counsel, he said was unable to pay due to his incarceration, drug addiction and physical disability. The court sentenced him to a term of incarceration not to exceed 12 months or until he could pay.

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U.S. Supreme Court considers whether age affects Miranda rights

“You are free to leave” is a statement that seems easy enough to understand. But when those words are told to a young person at school, does the child’s age make a difference under Miranda v. Arizona? That’s the question the justices of the U.S. Supreme Court considered this week during oral arguments in J.D.B v. North Carolina. The case involves a 13-year-old special education student who was questioned by police at his middle school about recent burglaries in which a digital camera and jewelry were stolen. The boy was not read his Miranda rights, nor was he told he could speak to a parent or guardian before being questioned.

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Supreme Court reverses 9th Circuit in Batson case

In a per curiam decision this week, the U.S. Supreme Court reversed a ruling by the 9th Circuit, scolding the court for reversing the denial of a Batson petition without giving the state court decisions on the matter proper deferential treatment. The defendant in Felkner v. Jackson raised a Batson challenge to the prosecutor’s use peremptory strikes to remove two of three black jurors from his rape trial. After exhausting his state court remedies, he sought habeas relief from federal district court, where he was also unsuccessful.

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New ADA rules take effect

New Americans with Disabilities Act rules going into effect this week broaden the requirements for pedestrian walkways to include wheelchairs and Segways, here being demonstrated by inventor Dean Kamen.

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