Katz (the appellant) was convicted under an eight-count indictment, charged with transmitting wagering information by telephone from Los Angeles to Miami and Boston. The evidence, telephone conversations overheard by the FBI agents with an attached electronic listening and recording device, to the phone booth Katz used. The Court of Appeals rejected the contention that the recordings had been obtained in violation of the Fourth Amendment.…
Margaret Donnelly, the named executor of the estate of Elinor R. Averell, filed a complaint against James P. Dillon, Esq., on or about January 21, 2016. Donnelly alleges that Dillon had neglected the matters related to the estate of Elinor R. Averell, failed to adequately account for assets, and had failed to respond to anyone including an attorney hired to succeed Dillon. Dillon has violated Mass.R.Prof.C. 1.3, 1.4, and 8.4(c).…
In Morrison v. Olsen, the issue of the Independent Counsel Provision in the Ethics in Government Act of 1978 was challenged and the court decided that it was not unconstitutional because it did not violate the separation of powers by taking power from the Executive and giving more to the Judicial or Legislative branches. Alexia Morrison had been appointed as the independent counsel to investigate Morrison to see if he had violated federal law; he sued her arguing that the Independent Counsel had taken away powers from the executive. The majority held that Morrison was an “inferior officer” due to the ability of the Attorney General to remove her for “good cause”, she can only perform certain limited duties, she is limited in jurisdiction, and…
In the late 1990’s Rebecca Arnold was attending Scott County Community College for nursing. While attending college Arnold encountered Hubert Evans, a published photographer with a foot fetish. It was during this random interaction that Evans asked Arnold to photograph her feet, Arnold declined. Evans had even told Arnold that he helped other women, whose pictures he had taken become “big models”. At some point in 1998, Evans obtained Arnold’s telephone number and called her home and left a message with her father; Arnold did not respond. Evans called Arnold’s home a second and was instructed by Arnold’s father, Mr. Arnold not to call the residence again.…
A graduate from WIU notified the police about a child being beaten. The graduate student then gave the officers the home address of where the reported abuse was coming from. Officer Gung Ho and his partner Nab went to the home they were notified about. Police knocked on the door and Ms. Smith answered. Police explained why they were at her place of residence and Ms. Smith invited the officers in and called for Sam, the child. A man named Joe Thug, and Sam both came out of an upstairs room. Thug started yelling at the police to get out of the house unless they have a warrant. Officers told Thug to remain in the room, but as he did so, Officer Ho noticed what appeared to be “cigarette burns” on Sam’s arms. Officer proceeded upstairs after Joe…
Respondent Jones was a subject of a Government investigation in part of a much larger drug trafficking conspiracy. As part of the investigation, FBI agents had obtained a court order to place a GPS tracking device on a vehicle driven by Jones – a Jeep registered to Jone's wife. The court order was issued in the District of Columbia and was set to expire 10 days after it was signed by the judge. On Day 11, the Government attached the GPS device underneath the carriage of the Jeep on a public roadway in Maryland. Effectively, the government was acting outside of its authorization. The device reported GPS tracker data for 28 days after the installation to a Government computer, providing location information for several weeks. This evidence was used against Jones resulting in a hung trial. Jone's was retried and later convicted. Jone appealed, and the D.C. Circuit Court reversed the lower court's finding, citing the evidence was obtained in violation…
Answer: The hearsay rule prohibits statements made outside of court to be offered as proof, in admitting evidence. However there are exceptions to the hearsay rule, which includes statements made in 1) excitement utterance, this is defined as statements made while the declarant was under stress of excitement which caused it. 2) Present impression, statements made during or right after the declarant perceived it. 3) There are various records rules; such as public records which are marriage, death, and birth if reported to legal office, observations made while on public duty like how many times an officer has had disciplinary actions against him or her while on duty. Cases filed in courts prior…
(1) the central purpose of the program in which the speech in question occurs; (2)…
There are very few circumstances in which the U.S. Government can suspend the civil liberties of its citizens. During World War II, President Franklin Delano Roosevelt issued Executive Order 9066 which gave the military the power to declare any place in the United States a military zone. This led to many Japanese American throughout most of the West Coast being relocated to interment camps. When Fred Korematsu refused to be relocated the Supreme Court ruled in favor of the military despite suspicions of racism. There were Supreme Court Justices who disagreed with the decision but the ruling still passed.…
Case: Near v. Minnesota 1931 U.S. Supreme Court Parties Jay Near (Plaintiff) State of Minnesota (Defendant) Facts: A publication, The Saturday Press, published an article alleging that City officials of Minneapolis were complaisant with gangsters who were engaged in illegal activities in the city. A Minnesota law was in effect which allowed the state courts to enjoin a publication which was engaged in a public nuisance. To be a nuisance the publisher had to be printing material that was malicious, scandalous, and defamatory.…
On the last of President Adams term he wanted to ensure Federalist took control of the Judiciary branch so he named forty-two justices of the piece and sixteen circuit court justices for Washington DC. Once the commissions were signed by the President Adams the Secretary of State had the commissions sealed however they were not delivered by the end of President Adams term. President Jefferson was the incoming president he chose not to honor the commissions due to them not being submitted in time.…
It was determined in the case of Witherspoon v. Illinois, 391 U.S. 510 (1968) that upon the trail and conviction of said name petitioner for murder was sentenced to the death penalty. However their was challenge for cause based on an Illinois statute, that allows for any individual juror member that when question at the point of being accepted as potential jurors. If it is determined that he or she would rule in favor of the death penalty, or even rule against the death penalty. The prosecution would be permitted to exclude the prospective jurors for cause with out investigating the determining factor of an impartial ruling. So the supreme court denies the defendant after he…
Bob Smith, a California resident, owns a banquet hall that he rents out for weddings and other events. He is approached by Adam and Steve, who wish to rent the hall for their gay wedding. Bob refuses to rent the hall to Adam and Steve because he does not believe in gay marriage and has religious objections to their lifestyle. He does not want his property to be used for what he regards as an immoral and ungodly purpose. Under the state law of California, Mr. Smith has violated the California’s Unruh Act, which states that “All persons… [regardless] of their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitle to the full and equal accommodations, advantages,…
America is a young country in 1787. They have just won the war for their independence and are now under the new rule of the Articles of Confederation. This government is put in place to ensure that no one leader will have too much power. The newly formed nation still has the undesirable taste of monarchy in their mouth and are hesitant to enact some sort of executive power. The Articles rely on the committee’s to take care of that missing executive branch. Committee’s prove as weak during the period after the war as they did during war itself. The legislature and committee’s lack to enact major neccesties of a government proved it was time for a change. The authors make sure to point out the flaws of the articles of confederation.…
Facts: Bridget Fisher bought a house in 1989 by herself. She married Barry Jewell, and he helped her fix the house. They lived together on and off and then married in 1990. Later, they got divorced and Jewell moved into his friend's apartment. When Jewell found out that Fisher was seeing another man, he told his friend that he wanted to beat her boyfriends head with a 2 by 4 and cut his dick off.…