Justin Jethroe Ms. Allen Intro to Corrections April 12‚ 2013 Roper v. Simmons U. S. Supreme Court March 1‚ 2005 543 U.S. 551 Statement of Facts This case in Fenton‚ Missouri involves 17 yrs. old Christopher Simmons born in 1993. Charles Benjamin and John Tessmer were Christopher Simmons friends and accomplices. Christopher Simmons planned and committed a capital murder along with Charles Benjamin. The plan was to commit burglary and murder by breaking and entering‚ tying up Shirley
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Case Name: Maryland v. King (October 2012) Facts: Maryland police arrested a man named Alonzo Jay King‚ in 2009 for first and second degree assault charges and booked into the Wicomico County‚ Maryland‚ facility‚ where booking personnel took a cheek swab (“buccal swab”) to take a DNA sample pursuant to the Maryland DNA collection Act. The swab was matched up to an unsolved 2003 rape case. The police had collected the 2003 DNA sample from the rape victim who underwent a sexual assault forensic exam
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said that even though Cindy landed near a flowerbed he did not know there were bricks in the yard. Koppersmith was charged with murder and convicted of reckless manslaughter. On appeal The Alabama Supreme Court reversed the conviction and sent the case back to the trial court because Koppersmith was denied the right to testify about his intentions. He went to retrial and was convicted of reckless manslaughter and sentenced to twenty years in prison. He appealed this conviction to the Alabama Court
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to obtain regular raises and bonuses. The appellant admits that the threshold for reviewing a jury’s award is set very high‚ requiring that the verdict is so inordinately high that it must be a wholly erroneous estimate of damages. Relying on the cases of Howes v. Crosby [1984] O.J. No.3127 (C.A.) and Snushall v. Fulsang [2005] O.J. No. 4069(C.A.)‚ the appellants defined “inordinate “as too high or too low by 50%. Legal issue: Was the jury’s award for damages of $40‚000 patently excessive and
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Ann. Section(s) 19-12-101‚ the "criminal attempt" statute‚ the trial court affirmed the juvenile court order and sentenced the girl to the Department of Youth development for an indefinite period. The issue in this case is to determine whether the defendant ’s action in this case constitute a "substantial step" toward the commission of second degree murder under the new statue. The "substantial step" issue has not yet been
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that the testator’s name be subscribed at the end of the will by some other person‚ in the testator’s presence and at his direction. In order to make a valid will‚ the testator must strictly comply with the provisions for formal execution. In this case there is no way of knowing that the decedent’s failure to sign was a mistake or not. DISPOSITION: The lower courts determination of invalidity is affirmed. COMMENTS: It is evident that the will was not signed by the decedent and in accordance
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BRIEFING A CASE EXAMPLE Student Name: Class: Case Number: PATTERSON V. McLean Credit Union 491 U.S. 164 (1989) FACTS: Patterson‚ a black female‚ worked for the McLean Credit Union as a teller and file coordinator for ten years. Patterson alleges that when she was first interviewed for her job‚ the supervisor‚ who later became the president of McLean Credit Union‚ told her that she would be working with all white women and they probably would not like working with her because she
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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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