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Toyota class action suit to start with Utah case
Court Watch | 2011/06/12 20:27
A federal judge expects the first lawsuit to go to trial in a massive class action against Toyota Motor Corp. over a sudden acceleration problem that led the company to recall 14 million cars will involve a crash that killed two people in Utah.

U.S. District Judge James Selna told attorneys Friday that the case of Paul Van Alfen and Charlene Jones Lloyd -- whose Toyota Camry slammed into a wall in Wendover, Utah, in 2010 -- will go to trial in early 2013.

The case will be the first of several bellwether lawsuits, intended to determine how the rest of the litigation will proceed.

Toyota says it welcomes the first suit because it will focus on what it calls the alleged technical defects at the heart of the cases.






Court: Pre-trial motions don't count in deadline
Court Watch | 2011/05/26 05:40

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 appeals court had said that pretrial motions count as an exception when they cause actual delays. But "the filing of a pretrial motion falls within this provision irrespective of whether it actually causes, or is expected to cause, delay in starting a trial," Justice Stephen Breyer wrote the opinion for the court.

He was joined by Justices Anthony Kennedy, Ruth Bader Ginsburg, Samuel Alito and Sonia Sotomayor. Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas joined the decision only in part.

Justice Elena Kagan did not participate in the decision because she worked on it while serving as solicitor general.



Minn. court: Defendant may withdraw guilty plea
Court Watch | 2011/05/14 08:53
The Minnesota Court of Appeals says defendants may withdraw a guilty plea if they are not told a conviction could result in deportation.

The court on Monday sided with Rene Reyes Campos. Campos said if he knew he risked being deported for a conviction for simple robbery for the benefit of a gang, he never would have pleaded guilty.

Campos was 17 when he was charged in Hennepin County in 2009, and had been a lawful U.S. resident for about seven years. He agreed to plead guilty as an adult and get a stayed sentence. He was not told the plea could affect his immigration status.

Last June, Campos moved to withdraw his plea.



Courts nationwide hold hearings with video
Court Watch | 2011/05/09 09:26
George Villanueva, charged with first-degree murder in the death of an NYPD officer, will not leave jail for months of pretrial hearings.

Instead, he'll be beamed into the courtroom via video as lawyers discuss his case in front of the judge.

Villanueva's case is part of a surge in court appearances done by video in New York and around the country, as cash-strapped communities look for ways to boost efficiency and cut costs. The tools are used in courts large and small, and the savings for some are staggering: $30 million in Pennsylvania so far, $600,000 in Georgia, and $50,000 per year in transportation costs in Ohio.

"We've had to trim our spending wherever we can and still provide what we think is effective constitutional justice, and we're doing that with the help of modern technology," said Pennsylvania State Supreme Court Justice Ronald D. Castille.

Advocates say the virtual hearing is easier on defendants, who don't have to get up at 4 a.m. to be shuttled with other criminal suspects to court, only to wait hours standing and handcuffed for an appearance. Judges say their cases are moving faster. And civil liberties groups say the practice raises no red flags.



Court sides with Wyoming in dispute with Montana
Court Watch | 2011/05/02 09:07
The Supreme Court says Wyoming is not taking too much water from a river system it shares with Montana.

The high court on Monday turned away Montana's complaint that Wyoming is taking too much water from the Tongue and Powder rivers in violation of a 1950 agreement between the states.

Montana claimed that more efficient irrigation in Wyoming is preventing runoff from rejoining the river and flowing downstream.

Justice Clarence Thomas wrote the 7-1 decision, which says more efficient irrigation is permissible to the detriment of downstream users. Justice Antonin Scalia was the only dissenting vote.

Justice Elena Kagan did not participate in the case because she worked on it while in the solicitor general's office.


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