Court Brief Miranda v. Arizona Citation: Miranda v. State of Arizona; Westover v. United States; Vignera v. State of New York; State of California v. Stewart‚ Supreme Court of the United States‚ 1966. Issue: Whether the government is required to notify the arrested defendants of their Fifth Amendment constitutional rights against self-incrimination before they interrogate the defendants. Relief Sought: Miranda was violated the 5th Amendments right to remain silent and his 6th Amendment right
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Gideon v. Wainwright – 372 U.S. 335 (1963) Keilah Herring Kaplan University PA 260: Criminal Law Professor Chiacchia March 6‚ 2012 Gideon v. Wainwright – 372 U.S. 335 (1963) Clarence Earl Gideon was charged with a felony under Florida State Law. He allegedly broke into a poolroom with the intent to commit a misdemeanor‚ thus making it a felony. Mr. Gideon was indigent and asked the court to appoint counsel for him. The court stated that because Gideon was not charged with a capital offense
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------------------------------------------------- CASE ANALYSIS REX V MCDONALD AND MCDONALD St Qd [1904] 151 ------------------------------------------------- INTRODUCTION In order for criminal liability to be placed‚ an accused must not only commit a specific act but also a breach of a duty concerned1. This concept was brought to the forefront in the case of R v McDonald and McDonald St R Qd [1904] 151. The Supreme Court of QLD2 was called to consider the case of Angus and Flora McDonald‚ appealing
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Terry v. Ohio‚ 392 U.S. 1 (1968) Facts of the Case An police officer by the name of Mcfadden observed two men standing at a street corner. He noticed that the two men would take turns on looking inside of the window store. This happenedd about twenty four times and each time they did it the two men would have a conversation. After a while a third guy had joined the duo and then left. After the detective witnessed that action he had suspected that they were casing the store to burglarize the
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Angela jackson Ap government 9 September 2014 Riley v. California In the case of Riley v California the defendant and petitioner David Leon Riley was arrested August 22‚ 2009‚ after a traffic stop which resulted in the finding of loaded guns in car. The officer stopped riley searched him and took hold of his phone and then searched through messages‚ contacts‚ and photos. The officer charged Riley with an unrelated shooting that had taken place
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Donoghue v Stevenson (1932) AC 562 Facts: Mrs. Donoghue found a decomposing snail in the ginger beer and claimed to have suffered gastroenteritis and severe shock upon the sight of the snail. She sought to recover damages from Stevenson‚ claiming that the presence of snail was due to his negligence. Could Mrs. Donoghue bring an action in negligence against Stevenson? Stevenson argued that as they were not in a contractual relationship‚ hence there was no special relationship and therefore he
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Marbury v. Madison On President John Adam’s last day in office‚ March 4 he appointed forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia as an attempt by the federalists to take control of the judiciary before Thomas Jefferson took office. The commissions were signed and sealed by President Adams‚ but they were not delivered before the expiration of Adams’s presidency. Jefferson‚ the president succeeding Adams‚ refused to uphold the new judicial
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Salomon v A Salomon and Co Ltd (Salomon) has created an impressive case in English Law history. The decision of the House of Lords in Salomon has reaffirmed the separate legal personality of a company. A separate legal personality is also known as the corporate personality. It is one of the consequences of the Company Act 2006 which incorporated a sole trader company to a limited company. When a company has undergone incorporation‚ it simply means that the shareholders of the company are separated
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Virginia v. Moore 272 Va. 717 Facts: The day was February 20‚2003‚ in the city of Portsmouth where two Portsmouth police officers had pulled a vehicle over who was driven by David Lee Moore. While listening to police radio they had heard that the man they pulled over who went by the nickname “chubs” was driving on a suspended license. The officer’s soon determined that chubbs was indeed driving on a suspended license. The officers who made the stop arrested chubbs for the misdemeanor of driving
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�PAGE � Marbury v. Madison Introduction The case "Marbury v. Madison began on March‚ 1801‚ when a Proponent‚ William Marbury‚ was assigned as a magistrate in the District of Columbia. William Marbury and various others were constituted to government posts made by United States Congress in the last days of President John Adams’s administration; merely these eleventh hour appointments were never completely nailed down. The dissatisfied appointees raised an act of US Congress and litigated for their
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