Commonwealth v Pestinakas 617 A.2d 1339 Facts: Joseph Kly met Walter and Helen Pestinikas in the latter part of 1981 when Kly consulted them about prearranging his funeral. In March‚ 1982‚ Kly‚ who had been living with a stepson‚ was hospitalized and diagnosed as suffering from Zenker’s diverticulum‚ a weakness in the walls of the esophagus‚ [***4] which caused him to have trouble swallowing food. In the hospital‚ Kly was
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the warrant. REASONING/RATIONALE: The Maryland Supreme Court found that the warrant did not authorize a search of Garrison’s apartment and the police had no justification for making a warrantless entry into his premises; however that was not the case. The US Supreme Court found that the police reasonably believed that they were searching McWebb’s apartment and it was a mistake. The warrant was executed in a reasonable manner‚ despite the mix up. The police acted in the best of their ability and
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silence as evidence of guilt. Procedural History: Petitioner was convicted of murder and sentenced to 20 years. This was directly sent to the Texas State Court of Appeals who rejected the argument. The Texas Court of Criminal Appeals took up the case and affirmed the same judgment. Issue: Was the petitioner’s Fifth Amendment right violated when prosecutor’s used his silence as evidence of guilt‚ when he was not in custody and had not had his Miranda rights read to him? Holding/Rule: No‚ because
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Joanne Casillas Advanced Legal Writing June 2‚ 2014 Gonzalez ex rel. v. Reno‚ 86 F. Supp. 2d 1167 (SD. Fla. 2000) Facts: The parties in this case are Elian Gonzalez with Lazaro Gonzalez and Attorney General Janet Reno. In November 25‚ 1999 the United States Coast Guard intercepted two fishermen who had rescued five- year- old Elian Gonzalez floating on an inner tube in the Atlantic Ocean off the coast from Florida. Elian’s mother had died during the voyage from Cuba to
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HELMER et al. v. RUMARSON TECHNOLOGIES‚ INC. (two cases) Court of Appeals of Georgia‚ 2000. 245 Ga. App. 598‚ 538 S.E.2d 504 FACTS Rumarson Technologies‚ Inc. (RTI) sued Robert and Percy Helmer to collect from them personally $24‚965 owed to it by Event Marketing‚ Inc. (EMI) when EMI’s check to pay RTI bounced. Robert and Percy Helmer were authorized signatories on EMI’s corporate account‚ and they signed the check. RTI argued that as signatories they could be held personally liable. The lower
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The Private Movie Co.‚ Inc. v. Pamela Lee Anderson et al. 1. What are the facts? The Private Movie Company (Efraim) sued Pamela Lee Anderson for $4.6 million for walking away from oral and written contracts. The defendant (Anderson) claims to have agreed to the contracts on the stipulation that the script would be revised concerning nudity and simulated sex scenes‚ and upon reading the final script and seeing simulated sex scenes still included‚ walked out. 2. What is the legal issue? The
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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
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Maryland v. Shatzer‚ 559 U.S. 98 (2010) FACTS: In August of 2003 Detective Shane Blankenship‚ a social worker‚ was assigned to investigate and interview Michael Shatzer about claims that Shatzer had sexually abused his three year old son. At the time of the investigation Shatzer was incarcerated at Maryland Correctional Institution-Hagerstown for an unrelated child-sexual abuse offense. Before asking Shatzer any questions‚ Detective Blankenship informed Shatzer of his rights‚ Shatzer then obtained
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Joseph Clark a man arrested in Ohio set on death row on 1987. He ended up being executed 22 years and 5 month later after his arrest. It took 22 minutes for the execution technicians to find a vein. The vein collapsed after the start of the injection and Clark’s arm started to swell‚ an autopsy found 19 puncture marks resulting from attempts to execute him. It took the technicians 90 minutes to execute Clark. That’s absurd after two attempts they should’ve found a different way to execute him instead
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Morgan v. State of New York Facts: The claimant‚ Morgan‚ sustained severe physical injuries caused by an accident which occurred as he was driving a two person bobsled during a national championship race. Morgan was an experienced rider who had been bobsledding for over 20 years and had competed in the US Olympics. He also testified that he was familiar with this particular course and had raced on it many times prior to this race. The area where the accident occurred was recently reconstructed
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