Issue: Barry Jewell was convicted of burglary with a deadly weapon resulting in serious bodily injury‚ a class A felony. Also‚ Battery resulting in serious bodily injury‚ a class C felony. Rule: The court used the case‚ Ellyson V. State‚ 603 N.E.2d 1369‚ 1373 (Ind. Ct.App.1992) In that case‚ Ellyson was charged with burglary because he broke into the house where him and his estranged wife lived with the intent to rape her. He was still charged with burglary even though he had the right to possession
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Title of Case: Florida v. Michael A. Riley Legal Citation: 488 U.S. 445‚ 109 S.Ct. 693‚ 102 L.Ed.2d. 835 (1989) Procedural History: The respondent‚ Michael A. Riley‚ was charged with possession of marijuana under Florida law. The trail court granted his motion to suppress; the Court of Appeals reversed but certified the case to the Florida Supreme Court‚ which rejected the decision of the Court of Appeals and reinstated the trail court’s suppression order. The Supreme Court granted a writ of certiorari
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NASH v. AUBURN UNIVERSITY FACTS: Two Students of Auburn University David Nash and Donna Perry were accused of cheating on their anatomy exams‚ which was a violation of the Student Code of Professional Ethics at Auburn. At a university hearing which was to determine the merits of their charge‚ faculty and student witnesses testified they observed Nash and Perry cheating in various way and at multiple times during their exams. At the conclusion of the hearing the students were suspended from the
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Marbury V. Madison (1803) Facts: Congress enacted the Organic Act which authorized John Adams to appoint forty-two justices of the peace for the District of Colombia. In the confusion of the Adams administration’s last days in office‚ Marshall (then Secretary of State)‚ failed to deliver some of these commissions. When the new administration came into office‚ James Madison‚ the new Secretary of State‚ acting under orders from Jefferson‚ refused to deliver at least five of the commissions. William
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Hugh M. Caperton v. A.T. Massey Coal Company‚ Inc. 556 U.S.868 U.S. Supreme Court June 8‚ 2009 Facts: Hugh Caperton‚ C.E.O. of Harman mining (here on labeled as Caperton)‚ filed a lawsuit against A.T. Massey Coal Company (here on labeled as Massey) alleging that Massey fraudulently canceled a coal supply contract with Harman Mining‚ resulting in its going out of business. In August 2002‚ a Boone County‚West Virginia jury found in favor of Caperton and awarded $50 million in damages. Massey
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Chester v Afshar - Case brief 1) Title and Citation Chester v Afshar [2004] UKHL 41 Plaintiff: Chester Defendant: Afshar Court: House of Lords Judges: Lord Steyn‚ Lord Hope‚ Lord Walker‚ Lord Bingham and Lord Hoffmann 2) Facts of the case Miss Chester‚ the plaintiff‚ suffered from low back pain since 1988. During 1994‚ Miss Chester was referred to Mr. Afshar‚ a neurosurgeon‚ who happens to be the defendant. The defendant advised the plaintiff to undergo an elective lumbar surgical procedure
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Title: R. v. Hufsky‚ [1988] 1 S.C.R 621 Parties: Werner E. J. Hufsky – Appellant v. Her Majesty The Queen - Respondent Decision: Appeal was dismissed Notions/Concepts: Constitutional Law Criminal Law Equality before the law Charter of Rights and Freedoms Arbitrary detention Unreasonable Search Refusal to provide breath sample Facts: Appellant was stopped at a random spot check by police Nothing unusual about his driving at the time of the spot check Spot check was for the purposes
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SPM 333 Facility Negligence/Crowd Management BOYER v. IOWA HIGH SCHOOL ATHLETIC ASSN. The case against Iowa High School Athletic Association was created by Marian Boyer. Marian Boyer attended a basketball game Roosevelt Junior High School in Mason City‚ Iowa. Boyer‚ her husband and two other witnesses‚ Mr and Mrs Garland‚ sat together at the tow row bleachers. According to the case brief when the bleachers are not in use they are pushed back toward the wall. It takes
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Mapp v. Ohio‚ 367 U.S. 1081‚ 81 S. Ct. 1684‚ 6 L. Ed. 2d 1081 (1961) Facts: On May 23rd‚ 1957‚ three Cleveland police officers arrived at the home of Mrs. Mapp with information that ‘a person was hiding out in the home‚ who was wanted for questioning in connection with a recent bombing‚ and that there was a large amount of policy paraphernalia being hidden in the home’. Mrs. Mapp and her daughter lived on the top floor of the two-family dwelling. Upon their arrival at that house‚ the officers
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Arshiya Qasba 20141036 B.A LLB section ‘A’ Case: McGuire v. Almy CASE BRIEF Facts: Mcguire‚ a nurse (P) was hired to take care of Almy (D)‚ a mentally unfit person. One day while D was locked up in the room‚ he became violent. P entered the room and saw D holding the leg of a chair in her hand as if she was going to hit someone. The P tried to grab it from D. D struck the P with it and injured her. P sued D for charges of assault and battery
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