Smallwood v. State Opinion # 1 The trial court charged Dwight Ralph Smallwood of assault with intent to commit murder, reckless endangerment and attempted murder. This was based as a results of Smallwood’s knowledge of him being diagnosed with the Human Immunodeficiency virus and intentional spread it by raping the three woman. Opinion # 2 Dwight Ralph Smallwood appealed to the Maryland’s highest court that there is no prove that he intended to kill his victims. According to appeal court Smallwood knew he had the virus, knows the dangers linked to the virus, knows how to prevent the spread of the virus which is to have protected sex but ignored it. The state will give the Smallwood a chance to make his case, which will make the court
Introduction The book that I selected is called “Getting Life” by Michael Morton, who is a man that was wrongfully convicted of killing his wife in Texas in 1986. This book takes us from a happy young couple to the day of the murder, through the investigation into his wife’s murder, Michael’s trial and conviction, 25 years in prison, appeals, release from prison, and reintegration into society. One unique fact about this case is that is the first case where the prosecutor in a wrongful conviction case was subsequently convicted of prosecutorial misconduct, stripped of their law license and sentenced to serve time in jail.
Name: Terry v. Ohio 392 US1 Supreme Court 1968 Facts: The incident occurred on October 31st 1963 at approximately 2:30pm in the afternoon. The police officer who was dressed in plain clothes was attracted by Terry and Chilton who were casing a store. With 30 years of prior experience in the area. The officer knew casing when he saw it. He had been assigned to that area specifically in search for shoplifters and pick pockets.
Cedar Rapids v. Garrett F. Garret F., was a quadriplegic who was ventilator-dependent due to his spinal column being severed in a severe motorcycle accident when he was 4 years old. During the school day, he required a personal attendant within hearing distance to see to his health care needs. He required urinary bladder catheterization, suctioning of his tracheostomy, observation for respiratory distress, and other assistance. He attended regular classes in a typical school program and was successful academically.
Case Identification: 428 U.S. 153; 96 S. Ct. 2909; 49 L. Ed. 2d 859; No. 74-6257; Gregg v. Georgia. It was argued on March 31, 1976 and was decided on July 2, 1976. Facts: The defendant, Troy Gregg, sought the review of the decision from the Supreme Court of Georgia, which affirmed the opinion that the death penalty is not a violation of the eighth and fourteenth amendments. Gregg was charged with armed robbery and murder.
United States v. Place, 462 U.S. 696 (1983) Capsule Summary: Seizing a person’s luggage for an extended period until a warrant is obtained violates the Fourth Amendment as beyond the limits of a Terry stop, but, a sniff by a narcotics dog does not constitute a search for Fourth Amendment purposes. Facts: The respondent Raymond Place was stopped by Federal Agents (DEA) upon his arrival into LaGuardia Airport on a Friday afternoon. The respondent refused to consent to the search of his luggage. His luggage was seized by the agents under suspicion they contained narcotics. The respondent was informed the agents would be obtaining a search warrant from a judge.
The facts about the Case of State V. Loza This case is talk about the facts and ritual history of this case was set forth by the Ohio Supreme Court in State v. Loza. The story was started by the event that will happen on January 16, 1991, and the gay who is name was, Jose Trinidad Loza, shot and killed for members of the family of his girlfriend whose name was, Dorothy Jackson. The victims were shot in the head, and they all died while they were sleeping in their home in the Middletown of Ohio. Loza shot Jackson’s mother whose name was Georgia Davis, and her brother, Gray Mullins was another victim.
Worcester v. Georgia By Sydney Stephenson Worcester v. Georgia is a case that impacted tribal sovereignty in the United States and the amount of power the state had over native American territories. Samuel Worcester was a minister affiliated with the ABCFM (American Board of Commissioners for Foreign Missions). In 1827 the board sent Worcester to join its Cherokee mission in Georgia. Upon his arrival, Worcester began working with Elias Boudinot, the editor of the Cherokee Phoenix (the first Native American newspaper in the United States) to translate religious text into the Cherokee language. Over time Worcester became a close friend of the Cherokee leaders and advised them about their political and legal rights under the Constitution and federal-Cherokee treaties.
Although current law does not distinctly define TBIs according to mens rea or diminished capacity, a possible defense that may appropriately be applied to criminal cases is the law as it relates to mitigating circumstances in sentencing. The Florida case of Cooper v. State (1999) is just one of very few cases in the country that seemingly acknowledges the fact that recurrent or traumatic head injuries may be a mitigating factor to criminal behavior. The defendant, Albert Cooper, was arrested and charged with first-degree murder, armed robbery with a firearm, and armed burglary with a firearm after him and his partner, Tivan Johnson, killed the owner of a local pawnshop, Charles Barker, after robbing the location on May 25, 1991. The court ultimately found Mr. Cooper guilty as charged, which made him eligible to receive
If the Durham rule had been used, Dr. Jones would have been able to explain this, and that would have almost certainly influenced the opinion of enough on the jury to avoid the death penalty. While Dick was most likely headed for Death Row regardless, had Dr. Jones been allowed to testify as to Perry’s mental abnormality, he might have
United States v. Miller Kalyn Reading The case of the United States vs Miller is an intriguing case to say the least. It started with two men trying to transport sawed off shotguns and ended with a little bit of blood and some prison time. This was a case best explain by Doctor Brian L Frye in his paper The Peculiar Story of United States vs. Miller. “On June 2, 1938, Miller and Layton were both indicted on one count of violating 26 U.S.C. § 1132(c) by transporting an untaxed short-barreled shotgun in interstate commerce.
In this research paper, I will be talking about the moratorium of the death penalty, also known as, the capital punishment for criminals who have committed a serious crime. Following the discussion of Gregg v. Georgia Case, that happened in 1976, Furman v. Georgia, and how they each contributed to the moratorium of the death penalty. Later, comparing and contrasting about some aggravated assaults and mitigating assaults and how they differ from each other. Also about the direct causes of the moratorium of the death penalty. Then explain the indirect effects of the moratorium and the procedure of capital punishment and the policy of the death penalty.
The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.
The most important issue that must be addressed in this case is the principle of the “evolving standards of decency” and the uses of a national consensus. The “evolving standards of decency” were developed by Trop v. Dulles and have been implemented in one way or another in all of the precedents dealing with “cruel and unusual” punishment. It is important to treat these principles as an important aspect of “cruel and unusual” punishment jurisprudence, therefore turning from these set of principles would be foolish and a disregard for every precedent. However, it is important to acknowledge that each case satisfies the standards by using a different method; some use the presence or lack of state legislature as a judgment of consensus while others look at foreign countries.
Georgie Milton did something not many people have the guts to do, he took the life of his best friend to save him from the torture that awaited him, but, he took the life of another man and he took this life with the intention of murder. Ladies and gentlemen of the jury, there is no difference between euthanasia and murder; and to this indictment, George Milton has pleaded not guilty. If I am to prove him otherwise, you must find him so. Lennie Small has been described to us as a caring giant. He had no bad intentions; and it is fair to say that our witnesses have provided us with sufficient evidence to support my argument.
There were claims on the Manton case study that Dixon had prior history of engaging in sexual activity at his high school, which led Dixon to be suspended twice for the prior sexual acts. At the time of this incident, Dixon was 18 years old, and the “victim” was 15 (Manton, 2005). Following this factual information, Dixon at that time claimed that the sexual act was consensual and accused the girl of fabricating the story because of fear of her parents finding out and punishing her for sleeping with a black man (Manton, 2005). Several charges were suggested for Dixon which included: statutory rape, aggravated child molestation, rape, sexual battery, false imprisonment, and aggravated assist (Manton, 2005). Dixon was then acquitted of a majority of the charges and found Dixon guilty of statutory rape and aggravated child molestation (Manton,