I believe Stogner v. California (2003) favors the offender’s rights because the offender escaped justice due to passage of time. In some cases‚ I believe passage of time could be acceptable‚ but in cases of serious personal and psychological injury‚ I do not believe passage of time should be such a factor. When the law regarding sexual assault was written‚ these types of crimes did not carry the penalties and time limitations that they do now. I venture to say‚ it was not viewed as serious as it
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important supreme court decisions occurred‚ the Brown v. Board of Education which made segregation in public schools were unconstitutional. Contradicting the Plessy v. Ferguson court decision‚ this court case was a big step towards a less racist country. ¬¬¬¬As the Civil Rights Movement continued throughout the 1950s and 1960s‚ many others also struggled for justice; including women‚ farmers‚ and the LGBTQ community. The decision of the case ultimately paved the way for a new way of justice for Americans
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Georgia v. Troy Davis Georgia v. Troy Davis Two days following Davis’s conviction on charges of the murder of Officer Mark MacPhail‚ jury recommended the death penalty and Davis was sentenced to death. Officer MacPhail’s family wasn’t allowed to testify but Davis comment with; “Spare my life‚ just give me a second chance. That’s all I ask. I was convicted for offenses that I didn’t commit.” If the victim was still alive to testify‚ he could have confirmed Davis’s statement or better yet identify
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Siva v. 1138 LLC Case Brief This is an actual appeal case regarding a breach of contract‚ between leasor Ruthiran Siva v. Richard Hess leasee. Ruthiran Siva the owner of commercial property entered into a written agreement with the Hess family and Shahin. The agreement was the Hess family and Shahin would lease the commercial property for a minimum of five years at $4‚000.00 per month. However upon the agreed contract the Hess family and Shahin never indicated they were going to use the space
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4.2 Simultaneous Proceedings under DRT and SARFAESI - 4.2.1 Transcore Vs Union of India – Facts- An Original Application (O.A.) was filed by Indian Overseas Bank (Bank) before the DRT‚ Chennai for recovery of dues from M/s Transcore (T) and to bring the properties to sell. The claim was disputed. Later on‚ a notice under Section 13(2) of the SARFAESI Act was issued vide which T was called upon to repay the amount due together with interest within sixty days. T failed to repay the amount. The
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Johnson Bank v. George Korbakes & Co.‚ LLP Commercial Law 03/17/2013 Facts of the case Brandon Apparel Group‚ Inc. (“Brandon”) was involved in the business of manufacturing and sales of casual apparel as well as licensed other companies to manufacture‚ distribute and sell its clothing lines. Additionally‚ Brandon had licensing agreements with several colleges‚ universities‚ and sports organizations‚ such as the National Football League. In 1997 Brandon borrowed funds from Johnson
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applies to any weakness or predisposition of the plaintiff to a particular injury or illness regardless of the defendant’s knowledge. An illustration of this rule can be found in the following case which are; Smith v Leech Brain & Co Ltd (1962) and Robinson v Post office (1974) 1 WLR 1176. The case of Smith v Leech Brain is about a galvanizer who is the plaintiff’s husband and work at the defendant’s company. His job is to lift articles into a tank of a molten metal via a crane. The plaintiff’s husband
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Although students do not lose their rights as they walk through the school gates‚ their rights are restricted for the safety of others. The court case of Tinker v. Des Moines argues the same issue of the rights of students while on school grounds. “Because the appearance of the armbands distracted students from their work‚ they detracted from the ability of the school officials to perform their duties
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The Significance of the Right to Effective Counsel in a Criminal Case and Powell v. Alabama The right to counsel is a fundamental common law principle that aims to set a fair criminal trial. The right to have the assistance of counsel for defence is the right of a criminal defendant to have a lawyer assist in his defence‚ even if he cannot afford one. This right comes from a variety of sources‚ the first one being the Sixth Amendment to the United States Constitution‚ which is the part of the United
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is that enough? If not‚ what should we do? The letters alone are not enough to help Mr. Jamison. Herrera v. Collins says that‚ generally‚ a “free-standing” claim of innocence based solely on newly discovered evidence does not state a ground for federal habeas relief‚ unless it is coupled with an independent constitutional violation that occurred in the criminal proceedings. Herrera v. Collins‚ 506 U.S. 390‚ 400-01 (1993). The Court seemingly left open the question of whether a very powerful showing
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