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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that the people know details about the professional and sometimes even personal lives of elected and selected officials. When the conviction in the Supreme Court’s Gideon v. Wainwright was reversed‚ news spread across the country and those who were convicted without given the right to legal counsel could petition to have their cases retried as well. The draw back to the information age is the accuracy and usefulness of the information that
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This is evident in the case of Virginia Rappe‚ a popular silent film actress who died in the days following a party with the biggest star at the time‚ Roscoe “Fatty” Arbuckle. The case was based on the assumption that her death‚ caused by a ruptured bladder‚ was due to being raped by Arbuckle. This case was filled with many conflicting testimonies along with the influence of the press making the persecution of Arbuckle impossible. The police investigation of this case was met with many difficulties
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Warfield v. Hicks‚ 91 N.C.App. 1‚ 4‚ 8‚ 370 S.E.2d 689‚ 691‚ 693 (1988). Finally‚ the Court found dismissal of a fraud claim was appropriate because the following statements were not sufficiently specific: Plaintiff complains that Defendant Popp falsely represented “the potential for sales from Popp’s Charlotte office‚” “the quality of yarn produced by Clemson‚” and “the availability of customers for Clemson Yarn.” Each of these categories‚ however‚ necessarily implies a statement of opinion‚ including
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1. Case Name‚ Citation‚ and Court. Lee V. Weisman 120 L.EDd. 2d 467 (1992) United States Supreme Court 2. Summary
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Classification between an independent contractor and employee has raised a number of issues throughout the past 50 years. Failing to create an effective formality to be applied by the courts to any particular case‚ it has lead to commercial uncertainty through Australia. This essay will analysis Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 decision regarding the high court process in distinguishing between whether there was an relationship between the employer of employer/employee or employer/independent
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The question before the Supreme Court concerning the Young v. UPS. Does the Pregnancy Discrimination Act require an employer to provide the same work accommodations to an employee with pregnancy-related work limitations as to employees with similar‚ but non-pregnancy related‚ work limitation? (http://www.oyez.org/cases) Samuel Bagenstos on behalf of the petitioner argued that UPS violated the second clause of the PDA. To his understanding the second clause means an employee seeking accommodation
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GARRATT v. DAILEY Supreme court of Washington February 14‚ 1955 1.FACTS Plaintiff alleged that as she started to sit down in a wood and canvas lawn chair‚ defendant‚ a child under six years old‚ deliberately pulled it out from under her. The trial court found that defendant was attempting to move the chair toward plaintiff to aid her in sitting down in the chair and that‚ due to defendant’s small size and lack of dexterity‚ he was unable to get the lawn chair under plaintiff in time
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State v. Evans‚ 671 N.W. 2d 720 (Iowa‚ 2003) In the late 1990’s Rebecca Arnold was attending Scott County Community College for nursing. While attending college Arnold encountered Hubert Evans‚ a published photographer with a foot fetish. It was during this random interaction that Evans asked Arnold to photograph her feet‚ Arnold declined. Evans had even told Arnold that he helped other women‚ whose pictures he had taken become “big models”. At some point in 1998‚ Evans obtained Arnold’s telephone
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Jessica Feeney Paralegal 246 Monday / Wednesday 7 – 10:10pm People v. Green 163 Cal.App.3d 239‚ 205 CalRptr.255 (Cal App 2 Dist. 1984) Facts: The defendant Vencil Green was charged and convicted of 12 felony offenses. The defendant used a gun to commit robbery and kidnaping for the purpose of robbery. At trial court the defendant presented expert testimony that the defendant’s history of heavy usage of PCP and other illicit drugs that has affected his brain and his ability to have committed
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