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Legal Research

: New York Supreme Court Criminal Term Library

New Jersey Law Journal: News Briefs, July 30, 2009

By David Badertscher, PLL

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MIRANDA RIGHTS APPLY IN JUVENILE CASES
"The state Supreme Court on Wednesday extended to juvenile proceedings the protections afforded adult criminal defendants against use of incriminatory statements obtained without the benefit of counsel. The Court ruled 5-2 that the filing of a juvenile complaint and an arrest warrant is a 'critical stage' in the proceeding and should be considered in the same light as an indictment. The ruling, State in the Interest of P.M.P., A-63-08, means that Cape May County prosecutors may not use statements made by a juvenile who was charged as an adult with a sex offense against a young girl."

 

DeALMEIDA, FORMER DAG, TO HEAD TAX COURT
"Patrick DeAlmeida, a 15-year veteran of the New Jersey Attorney General's Office who has spent most of his career in public service, has been selected as the next presiding judge of the Tax Court. He will take over on Oct. 1 from Joseph Small, who retires after 18 years on the Tax Court, nine of them as presiding judge. DeAlmeida, who has been on the court for only a year and a half, becomes chief just as the court is updating its antiquated case-processing technology to embrace electronic filing. Volume is especially high because declining real estate values have led many homeowners to appeal their property tax assessments."

 

LOPSIDED $8M AWARD AGAINST FORD AND PUNITIVES ARE LET STAND
"An appeals court on Wednesday upheld a product liability verdict against Ford Motor Co. for $8 million in compensatory damages and $42,050 in punitives, despite the plaintiff's contention that the award was lopsided because Ford's lawyer was allowed to tell jurors about the carmaker's financial straits and layoffs. The panel in Zakrocki v. Ford Motor Co., DDS No. 32-2-4767, did not discuss whether the defense was wrong to mention the potential impact of punitives on Ford employees but it upheld the trial judge's decision to limit evidence about about Ford's finances. The appeal stemmed from a jury's finding that a defective throttle on a 1997 Ford Explorer caused rollover accident that left the plaintiff with a useless right arm."

 

FTC DELAYS ENFORCEMENT OF IDENTITY THEFT RULES THAT WOULD AFFECT LAWYERS
"In a victory for those who fear federal regulation of the legal profession, the Federal Trade Commission said Wednesday it is delaying enforcement of new rules designed to prevent identity theft. FTC officials announced that they would not begin enforcement of what they call the 'Red Flag Rule' until Nov. 1. The agency is also emphasizing that it is unlikely to bring enforcement actions 'if entities know their customers or clients individually, or if they perform services in or around their customers' homes, or if they operate in sectors where identity theft is rare and they have not themselves been the target of identity theft.' The American Bar Association has been lobbying for months to have lawyers exempted from the rules, which it says would be burdensome to law firms and set a precedent for placing other requirements on lawyers."

 

STUDY SLAMS CONDITIONS AT IMMIGRANT DETENTION CENTERS
"Previously confidential reports from the American Bar Association on conditions at immigrant detention centers across the U.S. were analyzed as part of a scathing new study, called "A Broken System," that faults the government for failing to meet its own standards at those facilities. Attorneys and advocates scoured reports on detention center site visits from the ABA, the United Nations High Commissioner for Refugees and Immigration and Customs Enforcement and concluded the government has not complied with the detention standards adopted in 2000 on issues ranging from visitation rights and telephone access to detainee transfers and attorneys. It also concludes that the lack of compliance with stated standards carry no penalties"

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Full post as published by New York Supreme Court Criminal Term Library on July 30, 2009 (boomark / email).

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