Sunday, June 19, 2011

SLATE.COM : Supreme Court : Sonia's Triumph - Sotomayor teaches the value of Empathy and sways the Court - Sonia defends a thirteen year old boy, whose Miranda rights are violated by police and school officials - Sonia is New Judicial Star and leads the Court

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A Judicial Super Star is born ! .... :

Remember that Sonia was already a star by reminding recently the Supreme Court in her dissent ( U. S. Chamber of Commerce v State of Arizona ) that elephants don't get out of mouseholes ( assuming absurd Congressional Intents by the Supreme Court Majority - in the IRCA or Immigration Reform and Control Act of 1986 )

Sonia is the new "Brat" in the Supreme Court and is teaching Law and Constitutional Rights to the Left and Right ! - The famous "Wise Latina" turned out to be "wiser" than expected !


Supreme Court Politics is Fun !




SLATE.COM
Read Me a Story, and My Rights
Sonia Sotomayor shows Samuel Alito the value of judicial empathy.
Thursday, June 16, 2011



By Dahlia Lithwick
Dahlia is a Famous Lawyer that studied in Yale and Stanford, writes now in Newsweek and Slate - Her work has appeared in The New Republic, ELLE, The Ottawa Citizen, and The Washington Post - Provides summaries of and commentary on current United States Supreme Court cases - She clerked in the United States Court of Appeals for the Ninth Circuit ( Super Powerful Federal Court in San Franciso ) - Of course !, She is Liberal !


Read Me a Story, and My Rights


Some excerpts :

The details of the case are straightforward. A 13-year-old middle-schooler from Chapel Hill, N.C., known only as J.D.B., was removed from his classroom by a police officer in uniform, escorted to a conference room, and questioned behind closed doors by two cops and school officials for at least half an hour. His legal custodian, his grandmother, was never notified, nor was he informed of his Miranda rights, or his right to leave the room. After being threatened with a search of his home and juvenile detention, J.D.B. confessed to some break-ins. Only then did the police let J.D.B. know that he could refuse to answer questions and was free to leave. The police searched his home, found stolen goods, and charged the youth with breaking and entering and larceny. His public defender moved to suppress his confession, and the evidence resulting from it, on the grounds that J.D.B. had been interrogated in a custodial setting without Miranda warnings. The trial judge denied the motion, the boy was declared a delinquent, and a divided panel of the North Carolina Court of Appeals affirmed the ruling.

The question for the Supreme Court was a simple one: Should a suspect's age factor into an inquiry into whether he was in custody for the purposes of a Miranda warning? In the famous Miranda v. Arizona case in 1966, the Supreme Court established that suspects in custody must be warned of their constitutional rights, including the right to remain silent. The court has outlined a two-part test to determine whether a suspect is "in custody" for Miranda purposes: "what were the circumstances surrounding the interrogation; and … given those circumstances, would a reasonable person have felt he or she was at liberty to terminate the interrogation and leave."
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1 comment:

  1. Justice Sonia Sotomayor is known as the "Lady that saved Baseball"


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    Chicago Sun Times

    Supreme Court Justice Sotomayor to throw first pitch Saturday at Cubs-Yankees game. Scoop.
    By Lynn Sweet on June 17, 2011

    WASHINGTON--Supreme Court Justice Sonia Sotomayor will throw out the first pitch Saturday in Chicago, when the Cubs host her team, the New York Yankees, I'm told. After her work on the mound, Sotomayor--raised near Yankees Stadium--will view the rest of the game at Wrigley Field in the stands with Sen. Dick Durbin (D-Ill.)

    This will be Sotomayor's second time making the first ceremonial pitch. In 2009, the Bronx native pitched one when the Yankees played the Red Sox.

    The Cubs on Friday beat the Yankees 3-1.

    http://blogs.suntimes.com/sweet/2011/06/supreme_court_justice_sotomayo.html

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