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Case Clips

Published by the Indiana Office of Court Services

S. Breyer

Southern Union Co. v. United States, No. 11–94, __U.S.__ (June 21, 2012).

June 22, 2012 Filed Under: Criminal Tagged With: S. Breyer, S. Sotomayor, SCOTUS

Apprendi v. New Jersey requires a jury resolution of facts on which imposition of a criminal fine rests.

Turner v. Rogers, No. 10–10, __ U.S. __ (June 20, 2011)

June 24, 2011 Filed Under: Civil Tagged With: C. Thomas, S. Breyer, SCOTUS

In civil contempt proceedings to enforce child support, “where . . . the custodial parent (entitled to receive the support) is unrepresented by counsel, the State need not provide counsel to the noncustodial parent (required to provide the support),” subject to the “caveat . . . that the State must nonetheless have in place alternative procedures that assure a fundamentally fair determination of the critical incarceration-related question, whether the supporting parent is able to comply with the support order.”

Florida v. Powell, No. 08–1175, __ U.S. __ (Feb. 23, 2010)

February 26, 2010 Filed Under: Criminal Tagged With: R. Ginsburg, S. Breyer, SCOTUS

Advice that a suspect has “the right to talk to a lawyer before answering any of [the law enforcement officers’] questions,” and that he can invoke this right “at any time. . . during th[e] interview,” satisfies Miranda requirement of advice of suspect’s right to have a lawyer with him during interrogation.

Montejo v. Arizona, No. 07-1529, __ U.S. __ (May 26, 2009)

June 5, 2009 Filed Under: Criminal Tagged With: A. Scalia, S. Breyer, SCOTUS

Overrules Michigan v. Jackson holding that once a suspect has claimed the Sixth Amendment right to a lawyer, any later waiver of that right during police questioning would be invalid, unless the suspect initiates communication with the officers.

Arizona v. Gant, No. 07-542, __ U.S. __ (April 21, 2009)

April 24, 2009 Filed Under: Criminal Tagged With: A. Scalia, J. Stevens, S. Alito, S. Breyer, SCOTUS

Police may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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