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).…
Wisconsin v. Avery is a major case between Steven A. Avery and the state of Wisconsin. Steven Avery was born on July 9, 1962 and grew up in a very small area knows as Manitowoc county in the state of Wisconsin. His family owns an auto salvage yard where abandoned vehicles are obtained for the sale of parts. Avery was not a smart man, his IQ was seventy and he “barely functioned in school”. He had a very rough childhood and he turned to crime through his teens and into his twenties. In 1981, Avery and and his friend were charged with burglary at a local bar and were each sentenced to two years in…
Procedural History: Mapp petition for a writ of Certiorari to the Supreme Court for the appreal from the Supreme Court of Ohio.…
4)The case we read in class that I enjoyed the most was State of Connecticut v. Cardwell. I primarily liked it because it best exemplifies the difference and complexity regarding the sale of goods and the helps reflect the distinction between a “shipment” and “destination” contracts. I disagree with the trial courts judgment that Cardwell sold tickets within Connecticut and thereby violated Connecticut statute. However, I agree with the judgment of the court after the appeal. The transfer of goods occurred in Massachuestes, therefore the sale of the tickets, as defined by the code, occurred in Massachusts.…
In Tennessee Valley Auth. v. Hill, 437 U.S. 153 (1978) (“Tennessee Valley Auth v Hill”), it was discussed whether a small endangered fish called the “snail darter” could stop the “intended transformation of the river into a 30 mile long reservoir by building the Tellico Dam. Congress had authorised funding for the project in 1967 to generate hydroelectricity, create recreational opportunities and flood control, and promote shoreline developments.” The question remains, what was the case about? Put simply, it was sustaining an environment and protection of endangered species of a little fish. Wm. Robert Irvin of the President of American River in his article in the Huffington Post stated “It was a fight to save a river, one that was itself endangered and crucial to the lives, livelihoods, and heritage of the people who loved…
When it comes to understanding the outcome and overall the case of Tennessee v. Lane it is first and foremost important to understand that the real debate of the case centered around whether or not “Does Congress have the power to "abrogate," i.e., override, the states' immunity from suit and authorize Title II plaintiffs to seek damages from the states?” or in other words does Congress have the power to deny state immunity from suits and authorize Title II to have the right to seek damages from states in simple terms. The case eventually boiled down to Congress allowing for there to be reasonable accommodations made in behalf of those with disabilities wishing to complete judicial fulfillments and requirements that were placed upon them and…
Mapp v. Ohio, noteworthy court case of 1961. The US Supreme Court decided that when the state officers attained evidence through illegal searches and seizures might not be admissible into criminal trials. The case was about a Cleveland lady, Dolly Mapp, who was held for having obscene materials. Law enforcement had learned the materials in Dolly Mapp house during their illegal search. When the state convicted, Dolly Mapp appealed to the U.S. Supreme Court. Her argument was that her constitutional rights was violated under the Fourth Amendment of the US Constitution, that prohibits unjust searches and seizures. “The U.S. Supreme Court accepted her appeal and consented to her argument. They stated that any illegally obtained evidence should…
The most famous case in U.S. history is the Terry v. Ohio . The Terry v. Ohio case raised many questions as to whether or not the search and seizure of Terry violated the Fourth Amendment. The police officials thought they would take action upon themselves into frisking and searching the men for what they could find, not acknowledging the rights of the people. The courts decision was 8-1, meaning that the search done by the officer was reasonable in the Fourth Amendment and the weapons that were taken were used and held against him as evidence. After the Terry case, police are now demanded to search a suspect on reasonable suspicion.…
On June 25, 2012, the Supreme Court had ruled that juveniles who committed a crime such as murder, could not be sentenced to life in prison because it is violating the Eighth Amendment's ban on cruel and unusual punishment. In the supreme court decision, I agree that it is harsh and should not be allowed for a minor to serve life in prison, even if murder is committed. The decision is agreeable due to the severe punishment on someone young whose life is ruined over the decision they made. The information on a minor is misleading it masks a juvenile as a brutal killer is society's eyes. These statements should be brought to the people who are disagreeing with the court decision, and prove that these minors do not deserve an adult sentence with life in prison.…
A very controversial court case in American history was Texas vs. Johnson (1984). In 1984, a man named Gregory Lee Johnson followed a group of anti Reagan protesters to oppose the American exploitation of third world countries. This act of rebellion resulted in the burning of the American flag. Out of a total of approximately one hundred demonstrators who were involved in this ordeal, Johnson was solely charged with a crime. Johnson was arrested under Texas law, which made the burning of the United States or Texas flags crimes. Johnson was convicted and sentenced to one year in jail and fined two thousand dollars for his crime in restitution. Texas reasoned that the police were preventing the breach of peace; consider the flag a symbol of national unity. At Johnson's court trial, he was convicted of aiding, abetting and encouraging the burning of the Texan flag. This, in turn, made Johnson guilty under Texas state law.…
Is a person's sudden flight from identifiable police officer, patrolling a high crime area, suspicious to justify the officer's stop and frisk of that person? This was the question that the justices of the Supreme Court were asking themselves when they heard the case of Illinois v. Wardlow on the date of November 2, 1999.…
United States v. Williams was about Michael Williams who signed into a public Internet chat room, and posted a message that read "Dad of toddler has 'good' pics of her and me for swap of your toddler pics, or live cam." There happened to be a secret service agent in the chat room at the time that seen it and decided to message him, which lead to an electronic exchange of non pornographic pictures of children. Williams demanded the agent to send more pictures and when the agent didn't do so, Williams decided to post a hyper link in the chat room that linked seven pictures of girls from the age of five to fifteen naked. The agent then got a search warrant for Williams home, where they seized two hard drives containing 22 images of naked children.…
A group of African-American youths were on a freight train through Alabama. They got into a fight with some white youths, throwing the white boys from the train. A message was sent, requesting all blacks be removed from the train. Two white girls on the train testified that they had been raped by six different youths in turn. The youths were taken into custody. The community was very hostile, as a mob met the youths. The trial judge appointed “all members of the bar” for the purpose of the arraignment. The defendants themselves were illiterate and “ignorant”. They were all tried separately, each trial lasting a day, convicted, and sentenced to death. Throughout the proceedings, none of the “Scottsboro” boys was allowed to contact their relatives, who lived out of State. On the day of the trial, an out-of-town attorney appeared for the defendants but announced that he could not formally represent them. The trial judge called on all the local lawyers present to assume responsibility for defending the nine young men, but only one agreed. The two lawyers had no opportunity to investigate the case or consult with their “clients.” All nine youths were found guilty by four separate juries, despite testimony from doctors who said they found no evidence of rape upon examining the women. Eight of the nine men received the death penalty. The convictions were appealed through the State courts of Alabama, and failing there, went to the Supreme Court.…
In the 2005 case Roper v. Simmons, the supreme court ruled that any individual who is under the age of 18 when he commits a crime cannot be sentenced to the death penalty because it does not stand with the nation’s ‘evolving standard of decency.’ Roper v. Simmons is in very close relation to the case Graham v. Florida. Graham established the principle that no minor can be sentenced to life without parole unless they committed a homicide, and further reduced the harshest punishment a minor can receive. The interpretation of the 8ths amendment has changed much between the 1900s and early…
The state I have chosen to compare to Oklahoma’s judicial process, is my home state of Texas. Texas and Oklahoma have a long standing rivalry that gets fought on the gridiron between the two states leading football programs, the unbridled passion that these two states share is akin to a big and little brother affection. The judicial process of these two states might very well be night and day of each other, but it works for the individual states because of the logistics and each states constitution, which is sacred to each state in its own right. I will conduct this comparison by starting with the highest court and working my way down to the smallest, with a comparison of what is the same and different.…