FINDLAW: Daily Opinion Summaries for U.S. Supreme Court – 06/23/08


CIVIL PROCEDURE, COMMERCIAL LAW, COMMUNICATIONS LAW, CONTRACTS

Sprint Communications Co., L.P. v. APCC Servs., Inc., No. 07-552
An assignee of a legal claim for money owed has standing to pursue that claim in federal court, even when the assignee has promised to remit the proceeds of the litigation to the assignor.

 

CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW

Rothgery v. Gillespie County, No. 07-440
A criminal defendant’s initial appearance before a judicial officer, where he learns the charge against him and his liberty is subject to restriction, marks the start of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel. The Court rules that attachment of the right does not also require that a prosecutor (as distinct from a police officer) be aware of such initial proceeding or be involved in its conduct.

 

CRIMINAL LAW & PROCEDURE, SENTENCING

Greenlaw v. US, No. 07-330
In a criminal case in which, over the government’s objection, a district court made an error when calculating defendant’s sentence, a circuit court’s decision imposing a longer sentence on defendant after he appealed is reversed where, absent a government appeal or cross-appeal, the sentence defendant received should not have been increased.