During the recess of the Chung case, Judge Moore motioned to move forward with the next case. The defendant Jeffrey Gaddy was presented to the court was along with Mr. Francisco. Once Mr. Francisco was sworn into court, defense attorney Clayton asked him to recall the incident. Mr. Francisco stated that the defendant Jeffery Gaddy was accused of burglary and breaking into the backdoor and two offices within ACE Tree Service. The officer on duty responded to the initially burglary call and found Mr. Gaddy fleeing from the scene of the crime.…
Today I spoke with Roberta concerning her request for tax assistance. Roberta wants to know if she can use the specific identification method to calculate the recognized gain of her sale of Color Inc. stock. She received a letter from the IRS stating that she should have used the FIFO method. Therefore, Roberta is looking to find out which method is correct to clear this matter up with the IRS.…
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.…
One of the ways to toll the statute of limitations for legal malpractice actions is that the attorney(s) against whom the claim(s) is alleged serve as counsel for the plaintiff on the same subject matter within which the wrongful act or omission occurred. This would seem to require privity between plaintiff and the attorney(s). However, this is not the case when it comes to trustees who are represented in their capacity as fiduciaries.…
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…
On December 22, 1984, Darryl Cabey, James Ramseur, Troy Canty and Barry Allen were on the same subway car with Bernhard Goetz. Canty approached Goetz and demanded five dollars. At this point, Goetz stood up, pulled out an unlicensed .38 pistol and fired four shots at the four boys, establishing a “pattern of fire.” None of the boys displayed a weapon or otherwise threatened Goetz. Goetz fled the scene but turned himself into police days later. He claimed he was carrying the weapon because he had previously been mugged.…
In the Texas vs Cobb case a man named Raymond Levi Cobb was first arrested in 1994 and confessed to a home burglary. In this process he denied that he killed the woman and child in the home but later confessed to his father which his father then went to report this to the police. Even though Cobb later waived his Miranda rights and confessed he was still indicted and sentenced to death. Cobb argued to the Texas Court of Appeals that after his confession he was denied his right to counsel because his request for an attorney wasn’t renewed after the burglary case. The Court later said that the right to counsel carries onto the reason charged if any other offenses are closely related to the case. It was then declared with a five to four vote under…
Defendant Wycoff murdered his sister and brother-in-law, El Cerrito attorneys Julie and Paul Rogers. Victims were stabbed and bludgeoned to death with a knife and wheelbarrow handle.…
The increase of shipping by steamboats led to conflict over waterway rights. Let's start with the Gibbons vs. Ogden case, it was in 1819. When Aaron Ogden sued Thomas Gibbons for operating steamboats in New York that Ogden owned. The Gibbons vs. Ogden case didn't go to the Supreme Court till 1824. Where the the Supreme Court ruled in favor of Gibbons, and the federal government reinforce their right to regulate trade between the states by ending the monopolistic control over the waterways in some of the states.After the Supreme Court's dropped the monopolistic control the waterways, more and more companies were traveling over the waterways. That brought prices down and made it more affordable to people to buy there products.…
1. A business fails to meet the criteria if its practices are not equal and if has procedures unrelated to necessary job functions in the organization. In the case of McDonnell Douglas vs Green the Supreme Court holds that a charging party can prove unlawful discrimination indirectly by showing a failure in the organizational business process. In this case the hiring and firing of an employee, McDonnell Douglas was taken to court over their unethical tactics. The charging party has to only prove four things: they are a minority (protected group), they applied and were qualified for the position, the job was not offered to them, and the employer continued to seek applicants with similar qualifications. If the plaintiff can prove these four elements, the employer must show a legitimate lawful reason why the person was not hired.…
Summary of Key Facts A. Deborah Weisman graduated from Nathan Bishop Middle School, a public…
Facts: This lawsuit involves Dred Scott, an African American slave and his owner due to the passing of his previous owner Dr. Emerson, John F. A. Sanford. John F.A Sanford is the brother to the wife of Dr. Emerson. Dred Scott sued for his freedom in the Missouri Circuit Court for the City of St. Louis on April 6, 1846 . Dred Scott’s legal suit is for assault and false imprisonment: “A slave could be punished and kept as property, but a free person could not.”…
Spot check was for the purposes of checking licenses, insurance, mechanical fitness of cars sobriety of the drivers.…
In this examination of United States v. Warshak 631 F.3d 266 (6th Cir. 2010), the primary focus will be on the constitutional issues regarding this case. First, an analysis of the defendant’s expectation of privacy, regarding e-mail communication. Next, an examination of the government argument concerning the potential invasion of the defendant’s Fourth Amendment right to privacy. Finally, an analysis of the case’s conclusion, and how the Stored Communication Act factored into the constitutionality of more than 27,000 items of e-mail evidence.…
This is an employment discrimination case that was held by the Supreme Court of the United States. District Court found in favor of the Plaintiff awarding back pay and damages. Goodyear Appealed. The issue argued in the Supreme Court claimed all damages void before Sept. 1997 due to statute of limitations placed on discriminatory claims. The court found in favor of the Defendant, Goodyear, and decision was reversed.…