The 2011 federal district court opinion from the Middle District of Pennsylvania addressed a general public misconception regarding the Rule of Evidence 701. Indeed, Eric Lyons attempted to use his x-ray results and his physical symptoms against the defendants even though he lacked the expertise to prove that his broken rib injury resulted from his fight against Anthony Boyking. Furthermore, Lyons also believed that his contender benefited of the defendants’ involvement to defeat him. Certainly, Eric Lyons may have been accurate about his rights under the Eight Amendment, however, the law could not take into consideration his testimony due to the fact that his deposition would not qualify as a subject matter expert in the medical field. Thus, the pretrial order the defendants pursued to prevent the plaintiff 's personal contribution regarding his physical symptoms is legit regardless the truthfulness of Eric Lyons’s statement. …show more content…
Besides the revocation of the plaintiff 's right to use his own testimony, a motion also dismissed the appearance of inmate witnesses at the trial to testify against the defendants ruthless routines at the Special Management Unit
The trial court denied these motions and the statements were used at trial. The jury found petitioner guilty of murder and was sentence to a 24-year prison term. On appeal, Petitioner argued that he had not “knowingly and intelligently” waived his 6th amendment right to counsel before he gave his uncounseled post indictment
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
District Court on motions to dismiss held; complainant’s parents held liability of officers and city of the boys return to his assailant: motion granted. Main issue: Did the officers discriminate against the boy because he
The defendant wife’s friend, Menarco stated that Linda had an argument earlier in the day with her husband, Elward Roe Wanoskia. Linda later on headed home and argued with Wanoskia and after all that, Linda was shot. The defendant testified that his wife shot herself after the argument. At trial, the government sought to show by expert testimony and a demonstration that the defendant’s wife didn’t shoot herself. The demonstration was all based in the length of an individual’s arm to see how far away your arm can be to shoot yourself in the head.
The following two cases resulted in reversals of the convictions due to lack of counsel, but after this it became evident the Court was trying to draw the line of which trials to reverse. After these two cases, “in 1947 the Court made it plain that in non-capital cases it was sticking to the flexible rule of Betts v. Brady”(Lewis 118). Betts v. Brady helped to pave
The prosecutor heard about how the defendant was under a hypnotic state when she was giving her recorded testimony. He ordered a petition to exclude the testimony due to the evidence being inadmissible. The court had then limited Rock’s testimony only to the day of her description from the time
All three of these facts had given the defendants an unfair trial, which would not have been the case if this same trial had taken place in present
The judge refused, and he had to represent himself. “He made an opening statement to the jury, cross-examined the prosecution 's witnesses, brought witnesses in his own defense, declined to testify himself, and made arguments emphasizing
The reason why I believe my claim was decided incorrectly, is due to the evidence provided or lack thereof. Some evidence has been provided to support my claims; however, there are some undocumented evidence that cannot be presented. During my tenure as a Combat Soldier, there were some occurrences that were mishandled due to the examinations conducted by other Soldiers at an aid station and not a hospital. Additionally, some incidents should have been documented with an X-ray or Magnetic Resonance Imaging (MRI) Scan, which was not annotated or conducted. Furthermore, during training exercises and other deployments, some of the documents were either discarded or misplaced by the medical team supporting the unit mission, which did not make it
Introduction A 5-year old boy, whose parents are undergoing a divorce, reports that he was sexually molested by his father. His mother takes him to a psychologist who evaluates him using various techniques, including a clinical interview, Anatomically Correct Dolls, and a test she has created called “Detection of Childhood Abuse Test” (DCAT). The psychologist is called to testify in court about her findings. (1) What are the issues related to the validity of using Anatomically Correct Dolls for this purpose?
He says “the state has not produced one iota of medical evidence.” This makes the jury think about how valid
The defendants LAPD and NY Corrections appeal the District Court. Issue: The District Court dismissed all claims against NY Corrections and LAPD for lack of subject matters such as jurisdiction. The district Court also dismissed all federal claims against the defendants. Yes, the court made the right decision to dismiss the claims made by the defendants. Holding:
The case I will be concentrating on is Tomcik vs. Ohio Dep’t of Rehabilitation and Correction in which Tomcik was imprisoned under the custody of Department of Rehabilitation and correction, based on the Legal and Ethical Issues for Health Professionals book. The problem stimulated from continuous negligence from nurses and doctors at the department, which initially was when Tomcik received a physical evaluation, included the breast examination by Dr. Evans who stated that the examination was cursory and lasted only a few seconds, which means that not much attention was presented regarding the patient and his job. The next day Tomcik noticed a lump as being about the size of a pea in her right breast, however it was not reported by Dr. Evans.
In the novel To Kill a Mockingbird by Harper Lee the term mockingbird symbolizes innocence in a person. In the novel it focuses on the fact that innocence, represented by the mockingbird, can be wrongfully harmed. There are two characters: Tom Robinson and Arthur “Boo” Radley that are supposed to represent the mockingbird. In the novel, Tom Robinson is the best example of a mockingbird because he is prosecuted for a crime he did not commit. Also, he was judged unfairly based on the color of his skin in his trial.
Under the modified Daubert standard, relevant scientific evidence is only admissible if it is centered upon testable hypotheses, conforms with the standard rate of potential errors, has been peer reviewed, and if the method is generally accepted in the scientific community (Hoog, 2008). However, there are three problems with the application of the Daubert standard. Firstly, David E. Bernstein and Jeffrey D. Jackson (2004) proved that there was no uniformity in the application of the standard in the sense that it’s only abided with in a portion of the states, and not necessarily with full adherence. Secondly, since the judge is not a scientist, it is difficult for him/her to, without doubt, determine the full honesty of the experts’ testimonies. An example from the Willingham case would be the two medical experts asserting that he was a sociopath although one was an irrelevant family counselor and the other, known as “Dr. Death” and later expelled from the American Psychiatric Association for ethical violations, had not even spoken to Todd Willingham.