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...Maryland v. Shatzer, Michael Shatzer was questioned by police about sexual abuse of his 3-year-old child, and after being told he had the right to counsel as part of his Miranda rights, declined to answer any questions without an attorney present. The officer never pursued Shatzer further, but nearly three years later, a different detective questioned Shatzer, at which point he admitted abuse. Shatzer now argues this confession is inadmissible because the second police officer, who was unaware of Shatzer's original Miranda request, questioned him without an attorney present. (Read "Four Enduring Myths About Supreme Court Nominees...

Author: /time Magazine | Title: Five Supreme Court Cases to Watch This Term | 10/5/2009 | See Source »

...charges dropped after an HBO documentary, Roman Polanski: Wanted and Desired, detailed claims of judicial and prosecutorial wrongdoing during the time of the director's original arrest. In the film, the then Los Angeles deputy district attorney, David Wells, says he met with Rittenband without the presence of defense counsel to argue for more jail time for Polanski. Wells was not himself an attorney on the case but he was a lawyer working for one of the parties, the state of California. The California Code of Judicial Ethics forbids judges to engage in ex parte communications, or discussions where only...

Author: /time Magazine | Title: Did Polanski's Own Appeal Lead to His Arrest? | 10/2/2009 | See Source »

...Tuesday: "It all depends on what the numbers will be." But from the outside, it looks like China is forging ahead while the U.S. remains mired in domestic politics. "The question is whether [China] will prompt Obama and the Senate into action before Copenhagen," says Annie Petsonk, international counsel for the Environmental Defense Fund...

Author: /time Magazine | Title: A Wind Shift Coming in the Global-Warming Debate? | 9/23/2009 | See Source »

...second law passed by the legislature will set up new standards and funding for indigent defense appellate counsel programs. Texas was embarrassed by the 2001 U.S. Supreme Court ruling that ordered a new trial for a death-row inmate whose lawyer slept through much of his proceedings in Houston in 1984. It responded after the ruling by boosting funds for indigent counsel. Despite that, studies showed that death-row inmates were still often badly served by appellate counsel. "Since 2004, 2005, there has been documented some horrible lawyering," says Andrea Marsh, executive director of Texas Fair Defense Project...

Author: /time Magazine | Title: Texas: The Kinder, Gentler Hang 'Em High State | 9/19/2009 | See Source »

...There are other apparent inconsistencies with Lewis' claim that Bank of America had little part in determining Merrill's bonuses. For example, in mid-December Bank of America senior vice president Randall Morrow sent a letter to Merrill's general counsel saying that it was the bank's understanding that the bonuses had been reduced to $3.57 billion. What's more, a former senior Merrill Lynch executive told TIME.com, before the bonuses were actually distributed in late-December a member of Bank of America's human-relations department "went over, line by line" the bonuses that were to be paid...

Author: /time Magazine | Title: The Rise and Sudden Fall of Bank of America's Ken Lewis | 9/18/2009 | See Source »

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