Case Brief Of Cannon V. Smith
Case Name: U.S. ex rel. Cannon v. Smith
Case Citation: 388 F. Supp. 1201 (W.D.N.Y. 1975)
Procedural History: State prisoner filed pro se application for writ of habeas corpus to secure his release from imprisonment for rape. The U.S. District Court for the Western Division of New York denied his request and he appealed. The U.S. Court of Appeals, Second Circuit remanded.
Statement of Facts: The prisoner was made to wear a green shirt in a lineup because it was important to the case. No other participant in the lineup was wearing a green shirt. Victim did not see the assailant’s face but knew he wore a green shirt.
Issues: Was the fact that the prisoner was the only one who was made to wear a green shirt make the lineup impermissibly suggestive?
Answers: Yes, the prisoner was the only one wearing a green shirt and that was the only way the victim had to identify her assailant.
Reasoning: It actually came out in testimony that another participant in the lineup was wearing a green shirt but the other green shirt was not similar to the one the defendant was wearing. The original trial was six year before and the State only called one witness who was not convincing in his testimony. No other witnesses were called by
…show more content…
Defendant was pick up nearby within a short period of time after the incident. Defendant is a black male, 33 years old, 5 feet, 8 inches tall, and was wearing shorts and carrying a red and blue striped shirt. The victim was driven to the location to see the defendant, who was standing with police officers, still shirtless, with his hands cuffed behind his back. Victim hesitated in identifying the defendant until one of the police officers held the striped shirt over the defendant’s chest, at which time she identified him as her
Uniforms United Vs. Button Barn Summary
1032 Words | 5 PagesStatement of Issue: The issue in the case Uniforms United vs. Button Barn is the false imprisonment committed by Marvin Merchant, from Button Barn, against Dan Driver, from Uniforms United. According to court law, false imprisonment is defined as deliberate unlawful detaining of someone without their consent. Although shopkeeper’s have the privilege to detain person’s they suspect of stealing from them, this lawful privilege only lasts for a reasonable amount of time. Merchant, however, detained Driver for an unreasonable amount of time, resulting in an $8,000 loss for Uniforms United.
Case Brief State Of Oregon Vs Harris
569 Words | 3 PagesIssue Case name: State of Oregon vs Kenneth James Harris, October 19th, 2017 Facts of the case: In the case there were two parties, one party including the defendant, Kenneth James Harris, and the State of Oregon. The dispute is based on the state of Oregon issuing a subpoena for the witness to come to trial for the case of the defendant, however, the witness failed to do so and was unavailable. The defendant argued that the only way the witness is unavailable is if the state did everything in their power to try to get the witness to court. The only thing the state did was provide the victims recording of the 9-1-1 call from the incident. Issue: Could the State of Oregon done more to produce the witness at trial?
State Vs Rusk Case Study
759 Words | 4 PagesThe case of the State v Rusk involved the defendant Edward Rusk being convicted of 2nd degree rape. There was controversy as to if the defendant actually committed the act of rape due to the circumstances. The case involves a female named Pat. She decides to meet up one night with her friend Terry and go bar hopping.
Larry Youngblood Incident
964 Words | 4 PagesDetectives emphasized to David that the assailant may or may not be in the photo line up. Detectives also "told him they had arrested the man who raped him, and asked him to pick the assailant out of a photographic lineup. " David then picked Larry Youngblood as his assailant out of the photo line up. Although the photo lineup that David was given was reliable many other parts of this case were not.
Registered Sex Offender Case Study
1744 Words | 7 PagesIn addition to Wehrman’s original statement she stated that the male that assaulted her had an orange key chain hanging from the front of his pants. She described the suspect as being in his 20’s, dark hair, olive skin, fit build with no facial hair, 5’6” tall, and 140 pounds. Wehrman also stated that the suspect had a tattoo on his right forearm. The tattoo was writing that went from the suspect’s wrist to his elbow. The suspect’s physical description matches Hicks physicals.
Inaccuracies Of Manning Case
694 Words | 3 PagesOn July 20, 1958, an elderly couple in Christian County, Kentucky were beaten to death in their home by intruders with a tire iron. Two suspects, Silas Manning and Willie Barker were arrested shortly after the murders and indicted by the grand jury on September 15, 1958. The prosecution believed the case against Manning was stronger; therefore, chose to try Manning first in hopes that once convicted, he would testify against Barker. Manning, of course, was not willing to incriminate himself. At the start of of Manning’s trial on October 23, 1958, the prosecution requested and obtained the first of what would amount to be 16 continuances in Barker’s trial.
Case Study: Burwell V. Hobby
1454 Words | 6 PagesBusiness Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
Research Paper On The People Against Robert Jefferson Burglary
904 Words | 4 PagesThe People against Robert Jefferson Burglary in the Third Degree, January 27, 1905 During the beginning of the twentieth century, Americans wanted change. The Progressive era was a time where people became more socially involved. Ending corruption in government was the most important part of the movement. Progressivism was an approach by the American people to reform local government, industry, churches and much more.
The Supreme Court Case Of Buck V. Bell
845 Words | 4 PagesAdam Cohen presents a very interesting topic to not only fellow historian, but to as well the average citizen. In his book he talks about the Supreme Court case Buck v. Bell. Cohen is trying to inform the reader just how cruel and inhumane the United Sates was at one point. The Supreme Court case of Buck v. Bell was an argument of wither or not the United stated should practice sterilization of young women. He does a great job going through details as to why the United States did this.
Dred Scott V. Sandford Case
274 Words | 2 PagesThe aftermath of the Kansas-Nebraska Act began the violence known as Bleeding Kansas, which was the result of countless conflicts of pro-slaver and anti-slavery settlers. To make matters worse three years later, the Supreme Court issued its decision on the Dred Scott v. Sandford case. Chief Justice Roger B. Taney stated, “… the right of property in a slave is distinctly and expressly affirmed in the Constitution. The right to traffic in it, like an ordinary article of merchandise and property, was guarantied to the citizens of the United States, in every State that might desire it, for twenty years. And the Government in express terms is pledged to protect it in all future time….”11
Thompson V. Simmons Case
509 Words | 3 PagesThe story regarding then seventeen year old Christopher Simmons is awful and I do not understand why people would abuse and torture people in the manner in which he did. According to the article, he had it in his mind that he just wanted to kill someone and it happened to be someone that he had prior contact with. No matter what state of mind he and the other juveniles were in, there was no excuse to treat Mrs. Crook the way that they did and murder her by throwing her off a bridge.
Crime Lineups Paper
754 Words | 4 PagesOne photo cannot stand out in comparison of the others. For example, should the description provided by the witness include a mustache, then the other person within the lineup should all have similar mustaches. Guidance, provided by the officer, is an additional requirement when presenting a lineup to a witness. PRIOR to the officer presenting the lineup, he or she should provide instructions to the witness as to the common practice when attempting to identify a
Case: State Of California Vs. Scott Lee Peterson
716 Words | 3 Pages"The State of California versus Scott Lee Peterson (Case number 1056770, 2005)", was an interesting case. This case was interesting because Laci was a very beautiful and seemingly young, friendly, and happily pregnant woman with lots of friends. Her husband, although attractive, had a kind of macho tough guy womanizer type of persona about himself. It is hard to believe or fathom someone being so cruel as to kill their pregnant wife, regardless of their marital problems. Laci came up missing on December 24, of 2002, the day before Christmas.
Lineup Procedure In Criminal Cases By Paul Bergman
297 Words | 2 PagesIn the article “Lineup Procedure in Criminal Cases,” Paul Bergman is informing us on the ins and outs of criminal lineups. He states that lineups are not a more accurate way of an identification than showups or photo identification. Studies show witnesses are not more likely to accurately identify a suspect in a lineup than any other pretrial identification procedure. During a lineup, a prosecutor is usually present along with police officers. Attorneys can also be there representing the suspect that was charged with a crime.
Eyewitness Identification Essay
1228 Words | 5 PagesFor target absent line-ups, the sequential condition wrongly identified the suspect 18.3% of the time; compared with 35.0% for the simultaneous condition. Using a target present line-up, participants in the sequential condition identified the suspect 50% of the time. In the simultaneous condition, participants identified them correctly 58%.
More about Case Brief Of Cannon V. Smith
Uniforms United Vs. Button Barn Summary
1032 Words | 5 PagesCase Brief State Of Oregon Vs Harris
569 Words | 3 PagesState Vs Rusk Case Study
759 Words | 4 PagesLarry Youngblood Incident
964 Words | 4 PagesRegistered Sex Offender Case Study
1744 Words | 7 PagesInaccuracies Of Manning Case
694 Words | 3 PagesCase Study: Burwell V. Hobby
1454 Words | 6 PagesResearch Paper On The People Against Robert Jefferson Burglary
904 Words | 4 PagesThe Supreme Court Case Of Buck V. Bell
845 Words | 4 PagesDred Scott V. Sandford Case
274 Words | 2 PagesThompson V. Simmons Case
509 Words | 3 PagesCrime Lineups Paper
754 Words | 4 PagesCase: State Of California Vs. Scott Lee Peterson
716 Words | 3 PagesLineup Procedure In Criminal Cases By Paul Bergman
297 Words | 2 PagesEyewitness Identification Essay
1228 Words | 5 Pages