Issue: Kelbel argued that the district court failed to instruct the jury that in order to convict him of first-degree murder, past pattern child abuse, they must find beyond a reasonable doubt that he committed…
Following a bench trial, the trial court awarded Melissa Cooper damages on her claims of breach of promise to marry, fraud, and attorney fees. Without having moved for a directed verdict in the trial court, which limits his possible recourse to a new trial, Christopher Ned Kelley raises five enumerations of error, including that a promise to marry is not enforceable when the parties are in a meretricious relationship. We find no error and affirm.…
Defense attorney may argue based on two precedents of US Supreme Court - Booth v. Maryland (1987) and South Carolina v. Gathers (1989) and state that this testimony is irrelevant to the crime itself and is not connected to the facts of the case and also victim’s testimony is unacceptable during death penalty cases. But US Supreme Court overruled these two precedents by its decision on Payne v. Tennessee case (1991). This decision holds that testimony on the form of a victim impact statement is admissible during the sentencing phase of a trial and, in death penalty cases, does not violate the Cruel and Unusual Punishment…
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…
The case of Thompson versus Oklahoma raises a number of issues regarding the trials and punishment of juveniles for heinous crimes. This case was argued on November 9, 1987 and involves the trial of fifteen-year-old William Wayne Thompson. Along with his older brother and two friends, William Thomspon brutally murdered Charles Keene, his sister’s husband. His motive was revenge for abusing his sister. William Thompson was a “child” according to Oklahoma law, but he was tried as an adult, convicted with murder, and sentenced to death. The Court of Criminal Appeals of Oklahoma upheld this ruling. Because he was only fifteen years old at the time of the murder, this ruling violated the Eighth Amendment, causing this case to be brought to the Supreme…
Recently, the United States Supreme Court has decided to hear a Florida case, Sullivan v. State, 987 So.2d 83 (Fla. 1st DCA 2008), where a minor received a life without parole sentence in a conviction for rape.3 This note will analyze the Sullivan case and predict how the Court will likely rule. There are two dimensions that this note will discuss: First, the Eighth Amendment jurisprudence of the United States Supreme Court regarding proportionality in sentencing. And second, the Court’s treatment of minors under the Eight Amendment’s “cruel and unusual” clause.…
Reeves and Coffman were found to be delinquent by the Carroll County Juvenile Court, and both appealed from that ruling to the Carroll County Circuit Court. After a jury found that the girls attempted to commit second degree murder in violation of Tenn. Code Ann. Section(s) 19-12-101, the "criminal attempt" statute, the trial court affirmed the juvenile court order and sentenced the girl to the Department of Youth development for an indefinite period. The issue in this case is to determine whether the defendant's action in this case constitute a "substantial step" toward the commission of second degree murder under the new…
-The court interpreted the plain view rule, for the offer it is a risk but after…
Cross-examination is critical during litigation. Many cases have to be proven based on solely witness testimony because of the lack of physical evidence. Therefore, the responsibility of a witness to tell the truth relies on methods to encourage witnesses to maintain their credibility. According to Gardner and Anderson in their book Criminal Evidence: Principles and Cases, the witnesses must take an oath or affirmation that their say will be true and the witnesses must be personally present at the trial in order to ensure the right to confront as stated in the Sixth Amendment. Finally, witnesses are subject to cross-examination. But if it is found that the witness lies, he or she is taking the risk to be charged with perjury or in contempt if the witness refuses to answer a question, unless it is protected by privilege (Gardner and Anderson, 2010).…
Problems began arising with the death penalty on February 18, 1972 with the People v. Anderson case. This is a case in which the California Supreme Court declared the death penalty cruel and unusual punishment in violation of the state constitution. This case caused all capital punishment sentences to be changed to life in prison without parole. “As a result, 107 inmates were taken off death row and resentenced.” (Propositions). This would be the start of an ongoing battle with the California Supreme Court. In November, 1972 California electorate overruled the State Supreme Court's decision by a state constitutional amendment known as Proposition 17. Due to the passing of Prop 17 legislation was enacted making the death penalty mandatory in…
PROCEDURAL HISTORY= This was brought to the state court were Jacobson was found guilty and then after exhausting the state level he appealed to supreme court of the United States.…
The juvenile was first to be tried with first degree murder but then because of the…
Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent as well as drugs laying out without having to look anywhere. later the police found more drugs and paraphernalia doing a more in-depth search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent circumstances—the need to prevent destruction of evidence—justified the warrantless entry. Respondent entered a conditional guilty plea, reserving his right to appeal the suppression ruling, and the Kentucky Court of Appeals affirmed.” The Supreme Court of Kentucky also assumed that there was an exigent circumstance but it still invalidated the search. The court stated that the police should have foreseen that their conduct would most likely result in the tenants attempting to destroy the evidence therefore they should have had a warrant before going there.…
Juvenile Justice has been a prominent controversy in present day society. We can observe how the majority of crimes committed are being perpetrated by adolescents. The disputation arises on whether the Supreme Court justice should abolish mandatory life in prison for pubescents who commit the immorality of murder or authorize the punishment with parole. Although many can challenge this contrary issue, I concur with ideology of the Supreme Court ruling that juveniles who engage in murder could not be sentenced to life in prison due to the protection the 8th amendment granting defense from cruel and unusual punishment.…
A) Kent v. U.S. - A young man by the name of Morris Kent, age 14 was charged with numerous burglaries and attempted purse snatching in the District of Columbia in 1959. Kent was placed on juvenile probation and subsequently two years later was suspected of burglary and rape after his fingerprints were found at a woman’s apartment. He was detained for questioning and during this time he was evaluated for any mental sicknesses. A juvenile court judge felt that Kent should be tried as an adult so he transferred his case to the adult courts. Kent was found guilty of his crimes even though it was proven he suffered from a mental disease. The lawyers for the defendant believed it was unfair that Kent, 16 years old at the time was not given a hearing in juvenile court and appealed the fact that he was tried in an adult court. The decision was later overturned and measures were put in place to have juveniles be heard in a juvenile court, their records be accessible to their lawyers before being transferred to adult courts.…