Case Name: Kentucky v. King‚ 563 U.S. (2011) Facts: In Lexington‚ Kentucky‚ police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent
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Legal Memorandum vs. Case Brief A case brief is a short summary of a reported case. Students write case briefs to summarize cases they have read for class to keep track of the large number of cases students are required to read and analyze. During legal research case briefs serve to help the researcher keep track of the cases read and analyzed and can serve as the foundation for legal arguments in trial briefs or other documents filed with the court. Basically‚ a case brief summarizes the components
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U.S. Supreme Court TEXAS v. JOHNSON‚ 491 U.S. 397 (1989) 491 U.S. 397 Citation: Johnson was convicted of desecration of a venerated object in violation of a Texas statute. Date Decided: June 21‚ 1989 Facts of case: At the 1984 Republican National Convention in Dallas‚ Texas‚ Johnson decided to burn an American flag in protest of some policies made by the Reagan administration and some Dallas corporations that he did not agree with. Noone sustained physical injury or was even
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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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A recent criminal Supreme Court case that I find to be interesting is Missouri v. Frye. Actus reus is a guilty act‚ mens rea is a guilty mind‚ and concurrence is the equality of rights. Both actus reus and mens rea are both needed in order for a defendant to prove criminal liability. This case was about a guy named Frye‚ he was arrested for driving with a revoked license. Frye was previously arrested a few times before this incident dealing with the same crime. Missouri state law can give you a maximum
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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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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 the alleged crimes with intent‚ the trial judge rejected the defense. Procedural History: This case was appealed by the defendant to the California Court of Appeal; Second District after a trial court convicted the defendant on 12 felony offenses. The California Court of Appeals upheld the conviction of the trial court. Facts: The defendant Vencil
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History: Steiney Richards was tried and convicted of possession with intent to deliver a controlled substance. Richards appealed the trial court’s decision‚ the Court of Appeals affirmed. Richards then appealed to the Wisconsin Supreme Court and that court affirmed the appellate court’s ruling. (201 Wis. 2d 845‚ 549 N.W.2d 218 (1996)). Richards appealed to the U.S. Supreme Court‚ certiorari was granted. Facts: After an investigation revealed substantial evidence that Steiney Richards was involved
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WrItIng effectIve rePorts 4.1 Preparing policy briefs 4 .1 4.2 More reporting formats 4.3 Writing effectively Lesson 4.1: Preparing policy briefs 4 .1 Learning objectives At the end of this lesson‚ you will be able to: identify two types of policy briefs (advocacy and objective); describe the characteristics of a policy brief; describe the structure and contents of a policy brief; and conceptualize a policy brief about a food security issue. Introduction In this
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pole and that Butterfield was not riding with care‚ Forester should win Trial Court rules in favor of Forrester; Appellate court upholds Incipient use of contributory negligence: principle that a plaintiff is the more liable party in a negligence case‚ cause injury to themselves regardless of defendant Legal Issues: Does the negligence of the plaintiff supersede possible negligence of the defendant? Court’s Analysis: Butterfield would have seen the obstruction if he had used ordinary care.
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