In July of 2000 Curtis Williams was indicted by a grand jury in Williamson County, Texas for aggravated assault causing serious bodily injury. While under indictment, Williams traveled to Louisiana from Texas on a Greyhound bus. The bus Williams was traveling on was scheduled to make a stop at the Shreveport Greyhound Bus terminal on September 12,…
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.…
Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse against Kailyn. Kelbel testified that the head injury of Kailyn was inflicted by a cup thrown at her head by step brother Evan. Kelbel also testified that other injuries found on Kailyn were caused by Evan and that he is "rough" with her. Medical examiners ran an autopsy on Kailyn's body and determined that the injuries had been caused by blunt trauma and force caused by a knee or fist. Medical examiners testified that the injuries caused could not have been caused by a cup thrown at her head or by an accidental fall down the stairs. Kailyn's mother, Lindsey, also testified that Kailyn had previous injuries that she became concerned with. Upon retrieving a search warrant, police entered Lindsey's home to find further evidence. Police found a dent in the wall near Kailyn's bed. After Kelbel was eventually found guilty of the charges brought, Kelbel filed a motion for a judgement of aquittal and for a new trial on the grounds that the evidence was insufficient to support his conviction. The district court denied the motion.…
In the case Ridley v. California the Court decided on whether the searching of a smart phone of someone placed under arrest without a warrant violates the Fourth Amendment. David Ridley was arrested for possession of firearms. During the arrest an officer seized Ridley’s cell phone and searched his phone without obtaining a warrant from a judge. The officer found evidence that involves him in an earlier gang shooting and charged him in the shooting. During his trial the California Court of Appeals ruled that the search and the obtaining evidence from his cell phone was valid. He appealed to the U.S. Supreme Court in which the court decide unanimously that police need a warrant to search a suspect’s cell phone.…
Facts: Police officers were in pursuit of a suspected drug dealer, and were led to an apartment complex. The officers ended up outside of a certain apartment, were the smell of marijuana emanated. The police knocked loudly, and from inside the apartment they heard movement, and the police believed that the sounds were an indication that evidence was being destroyed. The police announced their intent to enter the apartment, kicked the door down to find drugs and drug paraphernalia in plain sight, and arrested King and others. They continued to search the apartment and came across other evidence. King argued that due to the officers not having a warrant…
The court agrees that there is error in Richmond’s claim that his statement given to Fr. Osing in the concluding capacity as a priest.…
In the Supreme Court ruling of Davis v. Davis, Justice Daughtrey created an epoche of the law when she, unlike previous judges, based her decision on the recognition of a new category more relevant to the case rather than relying on one previously established. She casts aside conventional thoughts and residual knowledge by declaring the case to present a "question of first impression" which will require the court to act through common law. Although Justice Daughtrey relates other statutes, cases, and constitutions to the case, she refuses to follow any precedent established by similar situations.…
At the time of Dena Lynn Gore’s murder, Clark was out on bond awaiting appeal for a previous conviction. Clark was also facing charges for the abduction and rape of a six-year-old girl, however, sentencing had been postponed until after the trial for Gore’s murder. In his appeal, Clark stated that the courts erred in not sentencing him for his previous conviction prior to trying him on capital felony charges. Clark argues that the sentence he would have received for the first offense would have been a mitigating factor for the jury when tasked with determining Clark’s punishment. Had the jury been made aware that the cumulative sentencing for all convictions would have been enough to keep him imprisoned for life and with no possibility of…
In the 1920s, American stardom was on the rise. With the birth of the movie “star”, the public was more focused than ever on Hollywood. The crowds rejoiced when actors and actresses made blockbuster movies, but came down with harsh criticism if this perfect image was shattered. This is evident in the case of Virginia Rappe, a popular silent film actress who died in the days following a party with the biggest star at the time, Roscoe “Fatty” Arbuckle. The case was based on the assumption that her death, caused by a ruptured bladder, was due to being raped by Arbuckle. This case was filled with many conflicting testimonies along with the influence of the press making the persecution of Arbuckle impossible.…
An introductory practical notation: because it was in the best interests of the client and her case, the time and resources normally devoted to the rehearing process in the Fifth Circuit were shifted entirely to filing a Supreme Court petition.…
In Virginia on April 7th 2003 a divided United States Supreme Court opened the possibility of constitutionally restricting certain types of hate speech. The court was to hear a case that spoke to one specific Virginia state statute that prohibited cross burning with the intent to intimidate, and also rendered that any such burning shall be prima facie evidence of an intent to intimidate a person or group. This court would see this statute being used between two separate cases. The first case was against Barry Black; in August of 1998 Black led a Ku Klux Klan rally at which the conclusion resulted in the burning of a cross on private property with the permission of the owner. Black was charged under the state statute, “Burning a cross with the intent to intimidate.” [347] The jury was instructed in accordance with the Model Jury Instruction that the burning of the cross by itself is sufficient evidence from which you may infer the required intent. [364] In May 1998 Richard Elliot and Jonathan O’Mara attempted to burn a cross on the lawn of Elliot’s neighbor and were charged in accordance under the cross-burning statute. After all of the respondents were convicted, they appealed to the Supreme Court of Virginia arguing that the cross-burning statute is unconstitutional. The Virginia Supreme court reversed all the convictions holding that the Virginia cross-burning statute is analytically indistinguishable from the ordinance found…
While the landowner has the right to make sure that his land is safe from natural and manmade hazards on his land. History has found that as safe as…
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.”…
Mr. McCleskey was a Black man, that was convicted of two counts armed robbery and one count of murder in the Supreme Court of Fulton County, Georgia. His convictions were due to the robbery of a furniture store and the killing of a white police officer while the robbery was occurring. There was evidence presented at trial that proved one of the bullets to be from a .38 caliber Rossi revolver, which fit the description of the gun McCleskey was carrying, and two witnesses who had heard McCleskey had admitted to the shooting.…
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.…