United States Court of Appeals for the Eighth Circuit Essays

ruling in Minnesota against Mille Lacs Band of Chippewa Indians. The Court claimed that the Chippewa Indians retained their rights to hunt and fish on ceded lands as established by the 1837 Treaty of St. Peters. Usufruct rights are rights of enjoyment to another’s property allowing the holder to generate income from the property without obtaining ownership. This right to hunt and fish on ceded lands is further protected from state regulation by the 1837 Treaty of St. Peters. The

into reciting the pledge this is a violation of the SCS and personal rights. The result of removing this phrase would allow the pledge to fill its purpose as a unifying demonstration of patriotism, and support the Constitutional value that church and state should be separate. Thus, "Under God" should be removed from the Pledge of allegiance. Thanks for reading, Vote Pro. Sources: (1) http://undergod.procon.org/view.resource.php?resourceID=000074 (2)

of these prejudices against women and the struggle she faced lead to her involvement in women’s rights and equality. She became a lawyer and eventually rose up to become a supreme court justice, in the highest court in the land. Honest and hardworking americans, like President Bill Clinton, the first female supreme court justice Sandra Day O'Connor, Harvard professor and dean Albert Sacks, Marty Ginsburg and more have helped Mrs. Ginsburg to where she is today. Ruth Bader Ginsburg stands for equality

B. The Sixth, Second, And D.C. Circuits Adhere To A Less Deferential Application Under Jackson, the Sixth, Second, and D.C. Circuits have adopted a less deferential standard in contrast to the Fifth, Ninth, and Third Circuits discussed above. For instance, the Sixth Circuit’s decision in Sliwo illustrates its differing application of Jackson to sufficiency challenges under the identical charges as with Rubio. United States v. Sliwo, 620 F.3d 630 (6th Cir. 2010). The Sliwo case also highlights

Courts in Criminal Justice This paper will explain the doctrine of incorporation states that the Due Process Clause of the Fourteenth Amendment applies to the protections of the Bill of Rights to the states. To explain, that incorporation can be selective, and including those rights deemed as fundamental, such as those protected by the First Amendment. Rights & Protections for the Accused The United States Constitution and the Bill of Rights assures important protections for individuals accused

Bethel School District v Fraser is a pivotal case heard by the United States Supreme Court in 1986. Broadly, the case involved the freedom of speech provided by the First Amendment to the US Constitution, its exercise and its limitation within the boundaries of a public school. The whole matter started during a school meeting organized by the Bethel School District (high school) in Washington State . On the 26th April of 1983, a student by the name of Matthew Fraser, 18 years old, gave a nomination

The house-breaking which is the subject of the present appeal, took place two months later. Durham was sent to a lunacy inquisition hearing for the fourth time. He was adjudged of unsound mind in proceedings under § 4244 of Title 18 U.S.C., upon the affidavits of two psychiatrists that he suffered from "psychosis

without parole sentence for minors violates the Eighth and Fourteenth Amendments was raised and discussed (1). In July of 2003, Evan Miller, along with an accomplice named Colby Smith, severely beat Cole Cannon with a baseball bat and burned down his trailer while he was inside (1). Miller was only fourteen year olds at the time of the crime (1). In 2004, Miller was transferred from Lawrence County’s juvenile court to Lawrence County’s Circuit Court to be tried as an adult (1). He was going to be

THIS COURT SHOULD REJECT THE FOURTEENTH CIRCUIT’S TOTALITY OF THE CIRCUMSTANCES APPROACH AND INSTEAD APPLY A BRIGHT LINE STANDARD OF REVIEW TO DETERMINE WHETHER AN AUTHORIZED DRIVER OF A RENTAL CAR HAS STANDING TO CHALLENGE THE LEGALITY OF THE SEARCH The Fourteenth Circuit Court of Appeals improperly applied the totality of the circumstances approach in determining that Respondent Larry Nightingale has standing to assert a Fourth Amendment challenge to the search of the rental vehicle he was driving

the plaintiffs’ case, the district court granted a motion for a verdict in the favor of the Police Department and the City. Later the court found the remaining defendants on all of the issues. The Sixth Circuit on appeal affirmed the part of the district court 's decision to dismiss the case against each of the individual defendants. The court remanded with respect to the City in the light of Monell v. Department of Social Services, an intervening Supreme Court decision holding that municipalities

The United States utilizes dual court system in their courts. This means that there is a separate jurisdiction for each state, but each of those jurisdictions fall under the federal court jurisdiction (Bohm & Haley, 2011). The state court process begins in a trial court of limited jurisdiction. It would then move to a trial court of general jurisdiction and if appealed, into an Intermediate court of appeals. In the federal courts, a case would begin in the district court, then move into the circuit

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. Attorneys; Luke Levis and Chris John. Oral Argument Case no: 17: 5525 Table of Contents I. Table of authorities 2 II. Statement of issues presented for view 3 III. Jurisdictional Statement 4 IV. Procedural History

During the case of Oliver Brown v. Board of Education of Topeka, the United States Supreme Court declared that the “separate but equal” school systems were unconstitutional. Before this case came into the attention of the Supreme Court, many movements were made to protest this act of segregation including the “Little Rock Nine.” Nine African American children enrolled into the Little Rock Central High School where they were then forced to remain outside the building by the governor of Arkansas himself

ruling. Singleton present the court to make a choice between automatic pharmaceutical took after by a performance, and not at all medicine took after by obsession and detainment, Judge Right. Wollman composed for the dominant part in choicethrough the United States Law court of Applicationsaimed by the Eighth Path. Judge Wollman supposed the chief decision was the better one, by any rate when the medications were for the most part helpful to the detainee. He said courts did not must to consider a definitive

Final Critical Evaluation of Bordenkircher v. Hayes By: 1518 In Bordenkircher v. Hayes, a case that challenged the ability of prosecutors to threaten a defendant with additional and more severe charges if he refused to plead guilty, the Supreme Court held that there is no violation of the Due Process Clause when the defendant is re-indicted on more serious charges for which he is plainly subject to prosecution. The defendant in Bordenkircher, Mr. Hayes, had been charged with uttering a forged instrument

Supreme Court reviewed Robert Dennard’s murder conviction. During the sentencing phase of his Texas trial, the defendant asserted that he had an IQ of 67.The instructions the judge gave the jury when it was considering whether to apply the death penalty, however, did not emphasize this information. Therefore, the jury only focused on his guilt and his intent and did not consider his IQ. This essay will analyze the Supreme Court’s review of this case including the background, various appeals and court

upcoming Supreme Court case” () United States v. Texas. DAPA was put on hold back in February of 2015 due to having 26 states “filing a lawsuit against the executive action” (), Texas being one of the states. The lawsuit began with “former attorney general Greg Abbott, who is now the governor for the Lone Star State, but it remains alive under current Attorney General Ken Paxton” (). Paxton was able to get support from “Judge Andrew S. Hanen of the U.S. Court of Appeals for the Fifth Circuit” () which put

James McCarble and was consequently convicted of capital murder and sentenced to death. Moore appealed in both state and federal habeas relief courts and was granted relief by a federal court in the Fifth Circuit after arguing that precedent established in Atkins v. Virginia applied to his case. The habeas court granted relief based on the Atkins argument but the Court of Criminal Appeals of Texas, reversed the ruling stating that Moore was not intellectually disabled based on Ex Parte Briseno and

Thurgood Marshall was the first African American to serve on the U.S. Supreme Ccourt. Thurgood Marshall was known “Mr. Civil Rights” because of his court battles against racism and segregation. HeThurgood Marshall was also known as the greatest civil rights lawyer of all time. Thurgood Marshall also lead the Brown v. Board of Education case in 1954, in which the cCourt ruled that segregation in the public schools is prohibited by the constitution. Marshall also created the National Association for

where he filed a series of appeals, two writs of habeas corpus, and a petition for certiorari claiming there was a pattern of racial discrimination in the way Arkansas juries handled rape cases. Throughout those nine years he was denied every single time until 1970 when the supreme court vacated his death sentence on narrow grounds of jurors being because they opposed the death penalty. His case is important because it addressed issues with racial discrimination