The People of the State of New York V. Donald L. McCray Nature of the Case: Appeal upon a verdict convicting defendant of the crimes of assault on a police officer and criminal use of a firearm in the 2nd degree. Concise Rule of Law: Mental Hygiene Law § 9.41 which permits persons who appear to be mentally ill and acting in a manner that threatens safety of self or others to be taken into custody. The Penal Law § 120.08 imposes strict liability with respect to the serious injury aspect
Premium Crime Law Mental disorder
Cravens 09/10/2013 CRJ 251 METZGER BRIEF STATE V. METZGER 319 N.W.2d 459 (Neb. 1982) FACTS: Defendant was seen naked with his arms at his sides from the thighs on up at his apartment window by another resident. Resident notified police on the act. The officers testified that they observed Metzger standing within a foot the window eating a bowl of cereal and that they also‚ seen that his body was nude from the mid-thigh on up. The defendant’s case was dismissed. LEGAL ISSUE: Was the
Premium Law Appeal
Holmes v. South Carolina United States Supreme Court 547 U.S. 319 (2006) : Facts: Holmes was charged with first degree murder‚ first degree burglary and robbery in connection with an incident involving an 86 year old woman‚ Mary Stewart. Holmes was also charged for the rape and murder of Stewart. At the trial court‚ Holmes was convicted by the South Carolina Supreme Court. The United States Supreme Court denied certiorari. The petitioner had appealed and the court granted a new trail. During
Premium United States United States Constitution Supreme Court of the United States
Name of Case in Proper Legal Citation Format Jones v. Star Credit Corp 59 Misc.2d 189 (1969) Who is/are the plaintiff(s) (i.e. consumer‚ company‚ employee‚ government) and what type of legal relief is/are the plaintiff(s) seeking? Plaintiffs who are welfare recipients agreed to purchase a freezer for $900‚ and purchase price came out to be $1234.80 with all the other added taxes. So far the plaintiffs have paid $619.88‚ however the freezer is only worth about $300. What legal question
Premium Common law Contract Law
McCulloch v. Maryland Brief Fact Summary. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. McCulloch‚ a cashier for the Baltimore‚ Maryland Bank‚ was sued for not complying with the Maryland state tax. Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution (Constitution) is the supreme law of the land and state laws cannot interfere with
Premium United States Constitution Supreme Court of the United States United States
Hudson v. Michigan‚ 547 U.S. 586 (2006) Facts- Detroit police obtained a warrant authorizing a search for drugs and firearms at the home of Booker Hudson. When police arrived to execute the warrant‚ they announced their presence but waited “three to five seconds” before turning the knob of the unlocked front door and entering Hudson’s home. Police discovered large quantities of drugs‚ including cocaine rocks in Hudson’s pocket and a loaded gun placed in between the cushion and armrest of a chair
Premium Police Fourth Amendment to the United States Constitution United States Constitution
I believe that Picard and Maddox share similarities on the materialistic view of Data’s human-like body but show many differences when I come to his mind. Picard explains to the court that Data’s attributes‚ intelligence‚ self-awareness‚ and consciousness‚ are all part of his mind. Though his brain is a materialistic computer that allows him to think like a human‚ however‚ his mind being un-materialistic allows him to be self-aware and have a consciousness like a normal human being makes him a sentient
Premium Mind Psychology Philosophy of mind
Mazzagati v. Everingham‚ 512 Pa. 266 (1986). Facts: An automobile driven by Defendant fatally struck Plaintiff’s daughter. At the time of the accident‚ Plaintiff received a telephone call immediately after the collision at work informing her that her daughter had been involved in an automobile accident. Plaintiff arrived at the scene of the accident a few minutes later. Procedural Posture: Defendants filed a Motion for Summary Judgment in the nature of a Demurrer granted by the Montgomery County
Premium Law Negligence Plaintiff
State v. McNeely 358 S.W.3d 65 MO. (2012) Facts: The defendant was stopped by a Missouri state highway patrolman for speeding and during this stop the trooper noticed that the defendant was displaying all the tell-tale signs of being intoxicated; blood shot eyes‚ slurred speech‚ and the smell of alcohol on his breath. This stop then changed from being a speeding stop to a DWI investigation. The trooper had the defendant get out of his truck and perform standard field sobriety tests. The defendant
Premium Fourth Amendment to the United States Constitution
IRAC Writing Assignment‚ Chapter 3 1. Case Name‚ Citation‚ and Court Peoples Trust Company of Bergen County v. Kozuck 98 N.J. Super. 235‚ 236 A.2d 630‚ N.J. Super. Lexis 389 (1967) Superior court of New Jersey‚ Law Division 2. Key Facts A. Peoples Trust Company of Bergen County is a bank located in New Jersey. B. Saul and Elaine Kozuck‚ husband and wife‚ signed a promissory note with Peoples Trust Company. The Kozucks contend the due date was improperly filled in by the bank
Premium Service of process Complaint