US Supreme Court issues decision on Miranda rights and Batson

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In Florida v. Powell, a 7-2 decision authored by Justice Ginsburg, the Court finds that Miranda warnings were sufficient and did not mislead the accused into believing that he could not have an attorney present during questioning.  The Court notes that it has not required specific language for the warnings, so long as the warnings reasonably convey to a suspect his rights as required by Miranda. The Court also finds that a federal question is presented despite the Florida Supreme Court's citation to its state constitution as a basis for its holding.

The Court also issued an opinion in Hertz Corp. v. Friend.  The opinion concerns diversity-of-citizenship jurisdiction and finds that a corporation's principal place of business is the place where the corporation's high level officer's direct, control and coordinate the corporation's activities - it's nerve center.

Yesterday, the Court issued a per curiam, summary decision in Thaler v. Haynes.  The Court found that, under AEDPA, a trial judge need not personally observe a potential juror's behavior in later deciding whether the prosecutor used a peremptory challenge based upon the juror's race.  The prosecutor here claimed that the peremptory was used because of the juror's demeanor.  No prior ruling of the Court has required that the judge be present during jury selection in order to evaluate a Batson claim under these conditions.

The Court also issued a summary decision in Wilkins v. Gaddy.  The Court found that claims of excessive force on a suspect must be evaluated on the basis of the nature of the foce used, not on whether the plaintiff suffered an injury during the incident.


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This page contains a single entry by JoNell published on February 23, 2010 8:34 AM.

Nevada Supreme Court issues opinions was the previous entry in this blog.

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