- Posted May 27, 2011
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Supreme Court Notebook
Court: Pre-trial motions don't count in deadline
WASHINGTON (AP) -- The Supreme Court says the time used to deal with pretrial motions cannot be used to automatically extend the required deadline for a suspect's speedy trial.
The high court on Thursday refused to grant the government's request to reinstate Jason Louis Tinklenberg's conviction of gun possession by a felon and possession of material used to manufacture methamphetamine.
The Speedy Trial Act says a defendant's trial should begin within 70 days of his indictment or his initial appearance before a judicial officer.
The high court ruled that the time used to dispense with pretrial motions cannot be counted toward the Speedy Trial deadline, upholding the 6th U.S. Circuit Court of Appeals decision to throw out Tinklenberg's conviction.
The case is United States v. Tinklenberg, 09-1498.
High court sustains Ariz. employer sanctions law
WASHINGTON (AP) -- The Supreme Court has sustained Arizona's law that penalizes businesses for hiring workers who are in the United States illegally, rejecting arguments that states have no role in immigration matters.
By a 5-3 vote, the court said Wednesday that federal immigration law gives states the authority to impose sanctions on employers who hire unauthorized workers.
The decision upholding the validity of the 2007 law comes as the state is appealing a ruling that blocked key components of a second, more controversial Arizona immigration enforcement law.
Court overturns conviction in killing of officer
WASHINGTON (AP) -- The Supreme Court has overturned the conviction of a man who fatally shot a police officer in Florida in 1998.
The high court on Thursday said the lower court should reconsider the conviction of Charles Fowler, who was given life in prison for the shooting death of officer Todd Horner.
Fowler was convicted under a federal law that bans people from trying to keep U.S. officials from being informed about a potential federal crime. Horner was killed when he approached a group of men who were planning a bank robbery.
Fowler's lawyers said prosecutors never proved Horner would have alerted federal authorities to a potential federal crime.
Justices agreed that proof is needed under that law, and sent the case back.
The case is Fowler v. United States, 10-5443.
High court tosses ruling on interviewing children
WASHINGTON (AP) -- The Supreme Court is throwing out a lower court ruling that says authorities need warrants to talk to potential victims of sex abuse at school. But the court didn't say whether it thinks the lower court was wrong.
The high court on Thursday tossed the decision by the 9th U.S. Circuit Court of Appeals for other reasons. Justices declined to comment on the constitutionality of a child social worker and police officer interviewing a child in school without a warrant.
Justice Elena Kagan said the girl whose mother sued over her interview at school is no longer a child and wouldn't have any more involvement with child social workers, so the case is moot. The justices say that makes the appeals court decision disapproving of the authorities' action also moot.
Published: Fri, May 27, 2011
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