Case Study Supreme-Tyson

Gideon v. Wainwright was a very important case for the Supreme Court; it guaranteed the same kind of fair trial in state courts as was expected in federal courts. In 1961 Clarence Gideon was denied an attorney in a state court and he appealed to the Supreme Court arguing this was violating his constitutional right to a fair trial. This was going against a previous decision by a Federal Court of Appeals in 1941. The Supreme Court accepted Gideon's petition and reviewed the decision of the Court of Appeals. In 1963 the Supreme Court decided in favor of Gideon and overruled the previous decision changing the precedent for all state courts.

Prior to the case of Gideon v. Wainwright, defendant Clarence Earl Gideon was charged with breaking and entering in the state of Florida. This crime is a felony according to Florida state law. Unable to pay for defense counsel, Gideon requested that the court grant him one for free. The court denied Gideon his request of being granted defense counsel. The court stated, “Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person charged with a capital offense.”

A person’s right to have a lawyer and having a fair trial is protected by the Sixth Amendment. These clauses are enforced by Gideon v. Wainwright, where the Supreme Court ruled that criminal defendant has the right to have legal counsel if they could not afford one (“Facts and Case Summary – Gideon v. Wainwright”). Public defenders, or lawyers appointed by the court, provide representation in court without cost to the defendant. Fifty years after the ruling, public attorneys has been under scrutiny by both lawyers and clients. Said counsels are known for facing underfunding and unmanageable caseloads, while their clients claim that they are poorly represented in court.

The most comparable case that is corroboration that the Sixth circuit test should control is U.S. v. Taylor. The Defendant’s female roommate consented to a search of the house for firearms while the Defendant was at the house. The officers did not ask the Defendant for his consent when the officers saw a shoe box in the closet covered with mens clothes. David Fallsbauer had a shoe box on a dresser which contained his clothes, as Taylor had his shoe box covered by his clothes. Because in both cases a female consented to a general search, the officers had no reason to believe that the shoe box was the property of either male defendant, Taylor or David Fallsbauer.

On August 4, 1961 Clarence Earl Gideon was arrested for stealing money and drinks from a pool house in Florida. When he was arrested he was tried for his crimes. The 6th amendment states that if a defendant is too poor to provide a lawyer than he should be provided one by the Court, but Gideon was not given a lawyer. He was not given a lawyer because it says in the Florida law that lawyers are only provided in big felonies, not misdemeanors. So Gideon should have been provided a lawyer and was not.

I responded to 127 Aster Ave in reference to a disorderly conduct call. Upon arrival I made contact with Kashendria Allen. Allen advised that the offender(Marquesha Pinchon) came to her residence and started beating on her door. Allen stated that Pinchon accuseed her of telling her buisness to the public and said "I 'm going to whoop your ass." Pinchon lives next door to Allen.

In 1986, the U.S. supreme court ruled to uphold the constitutionality of a Georgia sodomy law criminalizing anal and oral sex in private between consenting adults, marking a legal precedent allowing individual states to freely enforce sodomy statutes of their own. This supreme court case, Bowers v. Hardwick, began when Michael Hardwick was found by police having oral sex with another man when they entered his home. Hardwick was charged with sodomy, a felony in Georgia. A preliminary hearing was held with Hardwick, as a self-described practicing homosexual, asserting that the anti-sodomy statute placed him in imminent danger of arrest. He filed suit in Federal District Court, arguing the statute was unconstitutional.

The 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.

Throughout the course of America's History, there have been decisions in law that have defined the America as a country, that have reinvented laws for better or for worse, and have affected the lives of millions. Some of these impactful decisions fell under the jurisdiction of the Supreme Court like Marbury v. Madison, Dred Scott v. Sandford, and Plessy v. Ferguson. Of course without the judgment of the Supreme Court Justices, none of the decisions could have been made. Earl Warren was a Supreme Court Justice who served from 1953 to 1969. During this period Earl Warren was truly able to leave a lasting impression on America’s history by helping decide court cases that were extremely important to the lives of millions in America then and now.

The purpose of the dissent serves in furthering justice is to inform opinions to justify whether each case is constitutional or unconstitutional. For example, in the court case of Mapp v. Ohio, the dissenting opinion of the case is when the Supreme Court justice believes that pictures will be used against Mapp; however, the law enforcement did not refer back to the Constitution. There are cases today where police enforcement violates private affairs and searched without consent. Another important mark in history of important dissents is the court decision between Roe vs. Wade because of the overwhelming controversial issue that remains unsettled about abortion. Roe used the idea of the Fourth Amendment to justify the right to choose to terminate an unwanted or a medically dangerous pregnancy.

The Supreme Court of the United States Plaintiff: Keeble (Pomani's brother-in-law). Defendant: United States Legal Department (the attorney general, solicitor general, and deputy solicitor general) From: District Court of South Dakota. Law Firm: Chris and Luke Co. advocates.

Facts: Shortly after the beginning of the 1994-1995 school year, Katherine Taylor was diagnosed with bipolar disorder and was hospitalized. Shortly before being released to go back to work, her son contacted the school to request accommodations for his mother. When Taylor returned to work, her duties were lessened and her day was being micromanaged by the new principal, Mendel. In all the years she had worked for the school, the defendant had no disciplinary issues and actually received the following comments from the previous principal "excels in all aspects" of her job, was a "credit to our school," and "a tribute to excellence. " The defendant alleges that Mendel documented every misstep or problem that she had and only brought them to her

John Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened.

Karina Dyal PHIL 340: Ethics and Law Legal Brief Assignment—Lawrence v. Texas 04/01/17 Case: Bowers v. Hardwick (1986) Facts: Oral and anal sex between two individuals from the same gender was deemed illegal—implemented through a Georgia statute. Hardwick who was an adult male, was charged in 1982 for violating the statute by engaging in sexual activities with another male in his home. The case was not pursued by the District Attorney, who also decided to not have the case presented before a grand jury. Hardwick went to the federal district court where he questioned the statute’s constitutionality. Issue: Does the U.S. Constitution give homosexual individuals the fundamental right to have sexual intercourse, and therefore renders the laws