ABA Journal

Fifth Amendment

56 ABA Journal Fifth Amendment articles.

Miranda violation doesn’t give rise to civil claim for damages, SCOTUS rules

The U.S. Supreme Court ruled 6-3 Thursday that a certified nursing assistant who made an incriminating statement during an interrogation can’t sue the sheriff’s deputy who questioned him without a Miranda warning.

Supreme Court rules against immigrants seeking bond hearings and injunctive relief

The U.S. Supreme Court on Monday ruled against immigrants seeking bond hearings and injunctive relief through class actions. Both decision were based on statutory text.

Supreme Court protects Border Patrol agents from constitutional claims; dissent hits ‘drive-by’ immunity

The U.S. Supreme Court on Wednesday ruled against the owner of the “aptly named” Smuggler’s Inn in his quest to sue a Border Patrol agent for allegedly roughing him up and then retaliating against him for reporting the incident.

Weekly Briefs: SCOTUS approval rating plummets; Trumps lose deposition appeal

SCOTUS approval rating drops 10 percentage points

Only 44% of the public approves of the way that the U.S. Supreme Court is handling its job, according to a Marquette University…

Technical problems during remote trial violated parent’s due process rights, top state court says

The Massachusetts Supreme Judicial Court has ordered a new trial for a mother whose faulty cellphone service caused her to miss much of remote proceeding to terminate her parental rights.

Appeals court sides with judge who muted man during remote sentencing

A federal appeals court ruled Monday that a Missouri man’s rights were not violated when a judge muted him twice during his remote sentencing.

What does the original Roe v. Wade really say?

The U.S. Supreme Court appears poised to strike down Roe v. Wade, a landmark decision from 1973 that established a woman’s constitutional right to abortion. Norma McCorvey, a single, pregnant woman in Texas, brought a federal lawsuit in 1970 against district attorney Henry Wade, alleging that Texas criminal abortion statutes that originated in 1854 were unconstitutional.

Federal court officials can be sued for alleged failure to protect public defender from sex bias, 4th Circuit rules

A federal appeals court ruled Tuesday that a former assistant federal public defender in North Carolina can sue court officials for constitutional violations stemming from an alleged faulty investigation of sexual harassment.

‘Shameful’ insular cases should be overruled, Gorsuch says, as SCOTUS rules against Puerto Rico resident

The U.S. Supreme Court ruled 8-1 Thursday that the United States doesn’t violate the equal protection clause by denying disability benefits to residents of Puerto Rico.

Supreme Court to consider law that gives preferences to tribes in Native American adoptions

The U.S. Supreme Court on Monday agreed to consider the constitutionality of a federal law giving Indian tribes preference in Native American adoptions and foster-care arrangements.

‘Father of Miranda’ Yale Kamisar dies at 92

Yale Kamisar, a professor at the University of Michigan Law School who influenced landmark U.S. Supreme Court decisions on the rights of criminal defendants, has died at age 92.

Real estate lawyer will plead guilty in case accusing him of stealing millions in client escrow cash

New York City real estate lawyer Mitchell Kossoff is expected to plead guilty as soon as this week to allegations that he stole millions of dollars in clients’ escrow money.

En banc 9th Circuit upholds California’s ban on high-capacity gun magazines

California’s ban on high-capacity gun magazines that hold more than 10 rounds of ammunition does not violate the Second Amendment, a federal appeals court has ruled.

Lawyer facing ‘world of financial claims’ could be jailed for refusing to turn over records in bankruptcy

A lawyer whose firm was forced into bankruptcy after clients complained about more than $8 million missing in escrow funds was held in civil contempt Tuesday for failing to turn over documents.

NRA’s lawsuit claims over closed gun stores are moot, 2nd Circuit rules

A federal appeals court has ruled that the National Rifle Association can’t obtain an injunction or damages for its members in a lawsuit over the closing of New York gun stores during the COVID-19 pandemic.

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