1. Attorney Benjamin Walton is arguing there is no evidence of “Actual Knowledge of Visible Intoxicfication” and that the court should grant this motion. The bartender (Mr. John Daniels) of O’Malley’s though charged 13 drinks to Mr. Hard’s account and yes did see Mr. Hard drink 11 of the beverages in a short period of time but, at no time' during the service did the bartender have “Actual Knowledge of Visible Intoxification” of Mr. Hard's under the Indiana’s Dram Shop Act, Indiana Code 7.1-5-10-15.5. Even though he tried to hit Mr. White on their leaving the establishment, lost his balance and fell. Mr. Hard was able to get up by himself with no…
This court case took place in the United States Supreme Court in the Northern District of Indiana. The plaintiff in this court case is Deborah White, represented by Amanda Babbitt and Jackson Walsh. The defendants are Patrick Gibbs and O’Malley’s Tavern, represented by Benjamin Walton and Jordon Van Meter. Deborah White brought this court case to the Supreme Court in order to argue against the summary judgment filed by the defendents. A summary judgment is granted only if all of the written evidence before the court clearly establishes that there are no disputed issues of material fact and that the party who requested the summary…
Liberty University presented a case of White v. Gibbs which is about Mrs. Debbie White and Patrick Gibbs under the civil provisions of Indiana’s Dram Shop Act, Indiana Code 7.1-5-10-15.5. In this case Mrs. Debbie White sued Patrick Gibbs and O’Malley’s Tavern. Because White and Gibbs do not live in the same states, the suit was brought in diversity in the United States District Court for the Northern District of Indiana. However, the suit will be decided under Indiana state law. The main goal of this courtroom is to argue the motion for summary judgment which is concerning the case of Mrs. Debbie White, Patrick Gibbs and O’Malley’s Tavern. In this case, the plaintiff is Debbie White. Two moot court attorneys who are Amanda Babbitt and Jack Walsh represent Mrs. White. The defendants are Patrick Gibbs and O’Malley’s Tavern. Also two other moot court attorneys who are Benjamin Walton and Jordan Van Meter represent the defendants which are Mr. Gibbs and O’Malley’s Tavern.…
It will reveal the defendant’s pattern of breaking the law and the reaction of the accused to prior punishments and rehabilitation efforts. When it comes down to sentencing juveniles, knowing about societal and family lifestyles and things that are hidden are also an important part in the cause of the problem and should take precedence prior to judgment in order for the court systems to make informed sentencing decisions if the offender is not of legal…
The article begins by describing the issue of increasing numbers of adolescent girls being entered into our nation’s juvenile judicial system. The study aims to assess the most common risk factors that are affecting adolescent girls being entered into the juvenile judicial system. It also aims to find the effectiveness of the prevention factors in place to keep adolescents out of the system.…
By the 1950s and 1960s public concern grew about the effectiveness of the juvenile justice system, because of the disparities in treatment that resulted from the absolute discretion of juvenile court judges. Similarly situated youths could receive vastly different sentences based on the mood, temperament, or personal philosophy of individual judges.…
Mitigating factors must be considered when examining the decision of the Supreme Court whenever they overturn previous courts decisions. This issue becomes more complex in the Juvenile System because of the relative infancy of this aspect of the American judicial system.…
Courtney Lee, a 20-year-old woman, the defendant in this case, was charged with first degree felony for two counts of aggravated sexual assault of a 13-year-old boy , a minor, she was dating. The initial bond was set at $5000 for each count, under the compulsory condition that she not be allowed around any minors. The case was taken back to court because the defendant dishonored the mandate of her release by being…
The 2008 2L Moot Court Tournament at the Liberty University School of Law presented a case which was argued before the United States District Court for the Northern District of Indiana, case number 82A04-8876-CV-285, Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern.…
Nunez, N. & Tang, C. (2003). Effect of defendant age and juror bias on judgement of culpability: what happens when a juvenile is tried as an adult? American Journal of Criminal Justice, 28(1), 239-251.…
have begun to look at the influence of personal characteristics of defendants and victims on…
For this service learning project I went downtown first to the Daley center, then to the Circuit Court of Cook County. While there, I observed various criminal court cases, most which dealt with domestic violence and abuse. There was one particular case that stuck out to me the most. Torense Arnold vs.Latrarice Johnson was the second criminal case, with the man being the defendant against charges of domestic battery, burglary, and felony. Latrice Johnson had described her brutal relationship with Torense as an abusive obsession in which she wanted to get out of. She had been dragged by her hair throughout their house and had nail marks on her hands and face. Torence then pleaded guilty and was held at a 150,000 dollar bond, Latrice was issued an order of protection against him and her siblings.…
On June 10th, I had the opportunity to go to the SF Immigration court on Montgomery Street with a few of my colleagues. I expected the court to be in a standalone building but instead it was spread over two floors in a twenty-five-floor building. The security checks for entering into the court were moderate. Everyone trying to enter the court had to go through a general security check where they walk through a metal detector machine and have their bags go through the x-ray machine. Before we went through the security check, we had to inform the officer on duty that we came to observe the court. Surprisingly I didn’t have to show a state I.D. before entering the court. After clearing the security check, the officer helped us find a courtroom to observe. I was expecting the officers to be harsh and not very helpful but I was surprised and glad to see that all of the…
References: * Caeti, T.J., Fritsch, E.J., Taylor, R.W., (2008). Juvenile Justice. (2nd ed.). McGraw Hill.…
Poythress, N., Lexcen, F.J., Grisso, T., Steinberg, L. (2006). The Competence-Related Abilities of Adolescent Defendants in Criminal Courts. Human Law and Behavior. (1) 30 pages Retrieved June 08, 2007 from ProQuest Database.…