Did the government overstep its bounds in Detroit without getting a probable cause warrant, and did the government violated the 4th amendment of Timothy Ivory Carpenter?
This is a construction defect case wherein Defendant SMS Construction, LLC (“SMS Construction” or “Defendant”) is attempting to disclaim its duties and obligations as general contractor. SMS has not offered any evidence regarding damages. The Court must exclude all testimony and opinion from Defendant regarding damages. Likewise, Defendant has not offered any evidence that third-party subcontractors and/or Plaintiff James Bannie (“Plaintiff” or “Bannie”) caused or contributed to the damage at the Property; this evidence and testimony must be excluded. The Court must also exclude damage from Mr. Geoffrey Jillson of Guy Engineering because his testimony will be based on hearsay which is inadmissible and he does not qualify as an expert to testify
On September 2, 1974, Ehrlich A. Coker a convicted rapist, murderer, and overall felon that had been previously sentenced to three (3) life sentences plus 20 years, as well as an eight (8) year prison term had managed to escape. While on the run, Coker entered the residence of Elnita and Allen Carver without permission and threatened the couple. Mr. Coker proceeded to tie up Mr. Carver, steal Mrs. Carver’s money and car keys. Mrs. Carver was subsequently raped and kidnapped by Coker. It was upon Mr. Carver managing to free himself that he was then able to notify police of the events that had taken place. Shortly after, Coker was located and Mrs. Carver was found uninjured.
Ms. Mapp was charged with possession of obscene materials which violated Ohio law. She was prosecuted in an Ohio court where she was convicted. During the trial both Ms. Mapp and her attorney repeatedly asked the prosecution to see the alleged search warrant. The prosecution did not produce the search warrant nor indicate why they would not. After her conviction Ms. Mapp appealed her case to the Ohio Supreme Court stating that her rights were violated. The Ohio Supreme Court overruled her appeal (Oyez Project).
In 1989, former NSW police superintendent Harold James Blackburn was arrested and charged with 25 crimes under the Crimes Act 1900 which took place over a matter of nearly 20 years (New South Wales 1990). The charges included the crime of rape at Georges Hall in 1969 and sexual assault at Sutherland in 1985, as the Crimes Act 1900 had been updated during the periods of time that the alleged crimes took place (New South Wales 1990). When the case was presented to court in 1989, the Director of Public Prosecutions offered no evidence and the magistrate discharged Mr Blackburn on all charges (New South Wales 1990). A royal commission was established in 1990 to investigate the events and determine how an investigation could have failed to the
Procedural History: Gault was taken into custody on a compliant that he had made lewd telephone calls to his neighbor. He was taken into custody while his parents was at work and they was not notified and came home looking for him.
According to Justia (2014) Barker v. Wingo, 407 U.S. 514 (1972), was a United States Supreme Court case that tried the determinations of whether or not the Sixth Amendment right to a speedy trial for defendants in criminal cases have been violated must be made on a case-by-case basis, and set forth four factors to be considered in the determination the (1) length of delay there isn’t an absolute time limit that is just one factor used in determining whether a speedy trial has been denied. Generally, it is presumed that a defendant was denied a speedy trial if there is a
White America will always have an advantage over blacks and it will continue to be this way, whether we would like to admit it or not. African Americans had the same capabilities to do anything a white American could, if not better in many circumstances. Unhappy with the hardships that challenged blacks’ freedom throughout their life, enslaved African American, Dred Scott, made a significant impact which eventually changed the views of slavery. Thus, the court ruling of the Dred Scott v. Sanford was established in 1857 which declared that slaves nor black men who were already free could be granted citizenship in the United States (Dred Scott v. Sandford, n.d.). Scott v Sanford court case was created to emphasize the wrongdoings of slave masters by expressing the poorly acts African Americans face while under the Declaration of Independence.
Qui Tam (Defendants Dale Anderson and C Langston as Individuals and the City of Casper) False Claims Act, {31 U. S. C. §§ 3729-3733 FCA, 31 U.S.C. 3730(b)-(g) under the The Clean Water Act (33 U.S.C. §1251 et seq. (1972)) [33 U.S.C. § 1367] : Solid Waste Disposal Act (SWDA) (1976) [42 U.S.C. § 6971] : Retaliation under 31 U.S.C. § 3730(h)}6, and Defendants DEQ if United States intervines7. A false record was produced when the Casper landfill was permitted and the buffer zone required was not maintained. The location standards were not adhearded to and this is in essences a False Record. When a permit is generated that falsifies the compliance with regulatory requirements and federal funds are used to bring waste to the facility a False Claim is
In the following court case between Trinity Western University v. The Law Society of Upper Canada, Judges MacPherson, Cronk, and Pardu JJ, at the Ontario Court of Appeal, determine whether to grant accreditation to a private Christian University, that wants to open its own law school. The three-judge panel analyzes the Law Society of Upper Canada’s (LSUC) decision to not accredit Trinity Western’s proposed law facility, which took place in April 2014. The judges consider the Charter rights at stake, as well as the LSUC’s mandate. The case of TWU v. LSUC will be thoroughly examined, with a specific focus on key concepts that influence law-making, such as social development and change,
The Supreme Court case, Griggs v. Duke Power Co., 401 U.S. 4242 (1971) was argued on December 14, 1970 (Justia Law, 2017). This case was brought to the legal system by Negro employees who believed they were being discriminated against by their employer. The Duke Power Plant in question was its Dan River Steam Station, were they had 95 employees and 14 of said employees were Negros and of this number only 13 were petitioners. Essential Duke had organized its plant into five operating departments: Labor, Coal Handling, Operations, Maintenance, and Laboratory and Test (Anon, 2017). The Negro’s were hired to work in the labor department and wouldn’t be able to advance if they didn’t have the requirements: a high school diploma or to take an aptitude test (Justia Law, 2017). Also, prior to the enactment of the Civil Rights Act of 1964 (the Civil Rights act) 42 U.S. C2000e et seq., Duke Power Co. 9Duke) (Defendant) maintained a policy of open discrimination against black employees (Justia Law, 2017). In 1955 is when Duke began requiring a high school degree for placement in any
While Phillips could not file for an appeal, the Equal Employment Opportunity Commission filed and were approved. The appeal was picked up by the United States Supreme Court
In the case of Harris v. CSX a railroad worker by the name of Ronald K. Harris filed against his employer, CSX Transportation Inc., under the Federal Employers’ Liability Act and the Locomotive Inspection Act. Mr. Harris suffered from cancer, specifically multiple myeloma, which he believed was caused by his exposure to diesel exhaust fumes in his line of work. Unfortunately, after filing and while the case was pending, Mr. Harris succumbed to his cancer and legal proceedings against CSX Transportation were taken over by Deborah Kay Harris, administratrix of his estate. The amended filing by his estate stated Mr. Harris died of cancer, specifically multiple myeloma, brought on by exposure to diesel exhaust fumes. The circuit court of Marshall
The Ashwander V Tennessee Authority case was argued December 19th 1935. McReynolds claimed that the Tennessee Valley Authority Act was unconstitutional while Brandeis was concurring for it. Brandeis collected and presented the Ashwander rules in the case, which are a set of rules which state that the constitutionality of an internal issue between shareholders should not be disputed or taken too literally. The TVA was firstly signed by President Roosevelt May 18th, 1933. This act was put into place as a part of the New Deal, involved with the intent to help Americans out of the depression and improve the economy of the Country. This act cultivated the TVA (Tennessee Valley Act) as a federal corporation. The TVA was challenged with many responsibilities
Who: Suspects- Donald Smith and twin brother, Ronald Smith. Victim- Genai Coleman (preschool teacher who was shot).