...Report on E evidence admissibility issues in the case of HAWKINS v. THE STATE. Court of Appeals of Georgia. MEMORANDUM Subject: E evidence admissibility issues Using an online data base or an internet search engine, search for a situation in which an electronic device or recorder implicated someone of a crime or wrong doing. Write a report on the E evidence admissibility issues in the case. In your report, describe how that evidence was discovered and retrieved by law officers or computer forensic experts MEMORANDUM Subject: E evidence admissibility issues Here is the report you requested on E evidence admissibility issues on a case that involved the use of electronic device or recorder which implicated someone of a crime or wrong doing. I am confident that the knowledge gleaned from this report will be invaluable. Table of contents | Memo of authorization | 1 | Memo of transmittal | 2 | Executive summary | 4 | 1 Introduction | 4 | 1.1 Purpose | 4 | 1.2 Scope | 4 | 1.3 Method | 4 | 1.4 Limitations | 5 | 1.5 Assumptions | 5 | 1.6 Background | 5 | 2 Findings | 7 | 3 Discussion | 7 | 4 Conclusion | 10 | References | 11 | Executive summary This report looks at the admissibility issues pertaining to a case that involved the use of an electronic device by the state to implicate and subsequently convict a perpetrator of a crime. The defendant on conviction sought a judicial review of the lower court’s ruling. At...
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...Component: Georgia Court System, April 6, 2014 | | | The state court system is the second component of the dual-court system of the American court system. With the passing of the Reorganization Act of 1801, state court systems began to follow a “three-tiered structure of trial courts of limit jurisdiction, trial courts of general jurisdiction and appellate courts” (Schmalleger, 2014, p. 206). The Georgia court system is composed of five classes of trial level courts, which include the magistrate, probate, juvenile, state and superior courts; in addition to those five trial level courts, the Georgia court system also includes about three hundred fifty municipal courts, which operate on a local basis. The Court of Appeals and the Supreme Court make up the two appellate level courts of the Georgia court system (Georgiacourts.gov, 2014). The magistrate court is a trial court of limited jurisdiction, and the magistrate court of the Georgia court system includes one hundred fifty-nine courts and chief magistrates and three hundred thirty-three magistrates (AOC, 2014). The magistrate courts “issue warrants, hear minor criminal offenses and civil claims involving amounts of $15,000 or less,” “it is the first resort for many civil disputes…in criminal matters magistrates hold preliminary hearings, issue search warrants to law enforcement and also warrants for the arrest of a particular person…or set bail for defendants” (Georgiacourts.gov, 2014). The magistrate court “does not...
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...Gooding v. Wilson 405 U.S. 518, 92 S. Ct. 1103, 31 L. Ed. 2d 408 (U.S. 1972) PROCEDURAL FACTS The defendant, Wilson, was convicted in Superior Court, Fulton County, Georgia on two counts of using “fighting” and abusive language in violation of a Georgia statute through the state court. The defendant appealed his conviction to the Supreme Court of Georgia. The Supreme Court of Georgia rejected Wilson’s appeal and retained the conviction. Defendant then took his case to the federal District Court for the Northern District of Georgia were his conviction was appealed and the U.S Court of Appeals for the Fifth Circuit confirmed his appeal. SUBSTANTIVE FACTS In Georgia, the defended picketed his way into a United States Army induction ceremony in efforts to protest his opposition of the Vietnam War. Once inductees started to come through, the defendant was involved in a small fight in which he committed assault and battery against police officers along with the use of abusive language towards them. The defendant was charged with two counts of using “fighting” and abusive language as it is in violation of a Georgia statute which makes it a misdemeanor to use “opprobrious words or abusive language, tending to cause a breach of peace” in the presence of someone else. The defendant sought to engage in an appeal as he felt this statute was in violation of his rights protected by the First and Fourteen Amendment of the United States. ISSUES...
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...the judicial court structure for the state of Georgia is and how each court functions and what each courts responsibility is. Georgia’s Judicial Court system consists of two levels of courts. One level is the Trial –level courts, and the other is the two appellate-level courts. Within the operation of the trial-level courts there are over 350 municipal courts what are operating locally with in the state of Georgia. I learned that the purpose of the courts is to listen to criminal, and civil cases and as well as overseeing each case, and to make sure that it is within the conjunction with the Constitution of the State of Georgia. I also found through my research that State court laws are based on state penal codes, ordinances which are state local and laws enacted by state and local governments. Federal court laws are based off of the U.S. Constitution, and laws enacted by Congress or executive agencies Code of Federal Regulations. (Reference book Meyer and Grant, p 94, 2003) The trial-level courts in the Georgia Court Judicial System have limited Jurisdiction. Those courts are the Magistrate Court (159 courts, small claim cases and ordinance violations), Probate Court (159 courts, estate case and DUI cases), Juvenile Court (48 circuits, Juvenile offenses), State Court (71 courts, traffic violations, arrest warrants), and Municipal Court (361 courts, handle traffic offenses and other ordinance violations). Within the trial-level courts is another court that has General...
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...The Legal and Ethical Dilemma of Physician Assisted Suicide: An Analysis: People v Kevorkian Angelia Prince Shorter University The Legal and Ethical Dilemma of Physician Assisted Suicide: An Analysis: People v Kevorkian This research was aimed at providing an analysis of the ethical and legal dilemma surrounding physician assisted suicides. The subject of physician-assisted suicide has raised many thought provoking and controversial questions. This paper will evaluate, the ethical dilemma surrounding physician assisted suicides, the case of People v. Kevorkian, the differing laws pertaining to physician assisted suicide in Michigan, Georgia, and Oregon. The purpose of this paper is to provide the reader with information on the state’s most current laws regarding assisted suicide and how the case of People v. Kevorkian was a unique case involving physician-assisted suicide. The Ethical Debate of PAS In his article, Hosseini (2012), argued that physician-assisted suicide (PAS), is a moral and ethical dilemma faced by physicians, ethicists, legal experts, and others. Hosseini went on to explain that PAS is opposed by the American Medical Association (AMA) and all the US states except for Oregon. In his research, Hosseini (2012) used the case, People v. Kevorkian, as a basis to argue that although there is an ethical dilemma surrounding PAS, it was not the act alone that resulted in Dr. Kevorkian’s arrest and sentence. Hosseini posed the question in his research...
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...Furman v. Georgia Death Penalty Furman v. Georgia Death Penalty University of Phoenix Cultural Diversity in Criminal Justice University of Phoenix Cultural Diversity in Criminal Justice The Furman v. Georgia case states that the United States Supreme Court rules that capital punishment was not constitutional. There were five justices that had come together in this ruling and together they thought that capital punishment was to be banned in the United States. On August 11th, 1967 Micke William Jr. woke up when he heard noises in his house. When he got up he went to see where the noises were coming from and he ended up finding Henry Furman in his kitchen. Furman, an uneducated African American, broke into the kitchen with a gun (Smith 2008). When Furman realized that he had been spotted by Micke he ran for it while he fired a shot at Micke. The shot that was fired got Micke in the chest and it killed him instantly. His family immediately called the police. When the police reported to the scene they searched the house and the neighborhood. They ended up finding Furman in the neighborhood with the murder weapon where he was arrested and charged with the murder of Micke William Jr. The court ordered that Furman have a psychological exam done before the trial is held. The results came back from the psychological exam stating that Furman is psychotic and mentally ill. Murder cases can usually last a good while and they can become complicated cases. The trial for Furman...
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...IN THE COURT OF APPEALS OF THE STATE OF GEORGIA No. 00-00001 SLYE KARGUY, Petitioner, v. STATE, Respondent. ON APPEAL TO THE COURT OF APPEALS OF THE STATE OF GEORGIA FROM THE GEORGIA SUPERIOR COURT BRIEF OF PETITIONER Mary Smith Attorney for Petitioner 1234 Main Street Atlanta, Georgia 30301 TABLE OF CONTENTS Index of Authorities ……………………………………………………………………………... 2 Statement of Jurisdiction…………………………………………………………………………. 3 Statement of Issues………………………………………………………………………………. 3 Statement of Facts………………………………………………………………………………... 3 Argument………………………………………………………………………………………. 3-5 Conclusion……………………………………………………………………………………….. 5 Relief……………………………………………………………………………………………... 5 INDEX OF AUTHORITIES Case Reece v. State, 152 Ga. App. 760,...
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...notions, ideas, and perceptions on what you expect to observe. Your pre-work should then be contrasted or compared with your actual observations. Your “gut” reactions to issues, personalities, competencies and results will most likely be very accurate and should serve as the backbone of your report. DO NOT wait until the last minute to attend the observation since it is common for students to discover the scheduled or planned observation does not take place when the student thought it was to take place. It is permissible for students to observe the same activity. FINALLY, ALTHOUGH COURTROOM EXAMPLES ARE GIVEN IN CLASS, IT IS NOT SUGGESTED THE STUDENT OBSERVE A COURT PROCEEDING. THE STUDENT SHOULD CHOOSE THE GOVERNMENT ACTIVITY THAT MOST INTERESTS THE STUDENT. Usually, but not always, the best days to observe courts are Tuesday, Wednesday, or Thursday....
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...your about to read consists of the federal court system, federal court’s jurisdictions, and lastly I’m going to compare the federal court system to the state of Georgia’s court system. Let’s start with the federal court system, which consist of three tiers. The Federal Courts According to the Paralegal Professional by Henry R. Cheeseman and Thomas F. Goldman, the trial courts of the federal system is the District Courts (2011, p.211). Cheeseman and Goldman say there are 94 district courts in the federal court system (2011, p.211). Also in their 2011 book, they say the district courts are decided by geographical area and how populated that area is (Cheeseman, p.211). Lastly, Cheeseman and Goldman state that there is at least one District Court in every state (2011, p.211). Next, is the intermediate appellate court in the federal court system. The Paralegal Professional says the U.S. Court of Appeals is the intermediate appellate court in the federal court system (Cheeseman, p.211). Cheeseman and Goldman also say there are thirteen circuits, which are the geographical area that the court serves (2011, p.211). They also state that the courts can only take appeals from inside their circuit (2011, p.211). According to their 2011 book, each circuit has a three judge panel and someone in a case can request a review after the judges make their decision (Cheeseman, p.211). The last part of the federal court system is the highest court of the federal system. According to Cheeseman...
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...Council of Augusta, Georgia, et al. 551 F. Supp. 349 Plaintiffs contended the Augusta, Ga. Ordinance No. 5006 requiring them to obtain a business license for “Blackie – The Talking Cat”. It is undisputed that Blackie the cat is the main source for their income and requires them to spend most of their days soliciting money for Blackie’s performance. In the case Broadrick, et al. v. Oklahoma et al., 413 U.S. 601; 93 S. Ct. 2908, state employees appealed a district court’s decision that ruled in favor of defendants, the State of Oklahoma. The appeals court determined the Okla. Stat. tit. 74, §818, regulating political activity of civil servants, was constitutional because it gave clear warning of banned...
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...University of Phoenix Role and Functions of Law Paper Federal courts and Florida state courts systems are similar in some ways, but also very different in many ways. Both systems function with specific process of order, and a chain of command to adhere to. Neither the Federal Court nor Florida Court has seniority over the Constitutional Laws that our Country has in place. Federal Vs Florida The federal courts consist of a three part structure that combines the Supreme Courts, the Courts of Appeal, and the District Courts. The Supreme Court is the highest level court in the federal court system, with nine justices ("Florida Supreme Court ", n.d.). The Supreme Court’s original jurisdiction is limited over some cases, but appeals jurisdiction through certiorari process. The Courts of Appeal is considered the medium level courts in the federal system, including twelve regional circuit courts. The Courts of Appeal is specifically appellate court and does not have an original jurisdiction because of that. The District Courts are the lowest level courts in the federal system, combining a total of ninety four judicial districts over fifty states and territories. These lower level courts have no appellate jurisdiction, but have original jurisdiction over most cases. The Supreme Court is the highest level court for Florida as well, only containing seven justices. The Supreme Court is required by jurisdiction to review final orders resulting in death, some...
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...sentence, death. The jury determined that there were aggravating factors, because of the extremely heinous crime and severity of the child’s injuries, and sentenced him to death under Louisiana’s aggravated rape statute. This statute stated that a sentence of death could be imposed for a conviction of rape of a child under the age of 12 (Cornell University Law School, 2008). Upon receiving his sentence of death, Kennedy appealed his case first to the Louisiana Supreme Court on the grounds that the death penalty was “cruel and unusual punishment” for a crime where the victim did not die (Cornell University Law School, 2008). The Louisiana Supreme Court noted two cases, Atkins v. Virginia and Roper v. Simmons. These cases were used to determine whether there was a national consensus on the punishment of death and then they were applied to determine whether the court would find the punishment excessive (The Oyez Project at IIT Chicago-Kent College of Law, 2013). The Louisiana Supreme Court felt that the adoption of similar laws in five other states, coupled with the unique...
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...CREAC OF AMANDA LOWELL’S CASE CONCLUSION: Ms. Lowell is not likely to know that Monica would be driving after she left he party. RULE: A person of unlawful drinking age, with knowledge that the minor will soon drive a motor vehicle, may be held liable for damages caused by the minor to a third party, when proximate cause of such damage is the ‘furnishing’. Further, ‘Reasonable care’ is defined as the degree of care that an ordinarily prudent and competent person should exercise under similar circumstances, under § 51-1-40 (m). EXPLANATION: Similarly, In Riley the court held, 436 S.E.2d 659 (Ga. 1993) that if one in exercise of reasonable care should have known that the recipient of alcohol was minor and would be driving...
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...Toffoloni v. LFP Publishing Group, 572 F.3d 1201 (2009) In today’s society, privacy laws have become of a great concern to the courts. Many legal claims are being filed by the people concerning privacy issues. Privacy laws are among the most difficult issues to handle in today’s mass communication. This issue can be traced back to Louis Brandeis and Samuel Warren, who wrote an article concerning the people’s right to privacy. Nowadays, no one can be too careful when it comes to privacy because any information that reaches the press can be used to their advantage. The press does not have the right to decide whether the information gathered or provided to them is newsworthy or not, this is for the Constitution to decide. An individual should have the right to be protected by the government when the media abuses their power. The people should have the right to do or say whatever they feel at the moment without having to worry about the media. According to Zelezny, “Privacy-related lawsuits against the media have continued to escalate in the new millennium. The media successfully defend against most of these lawsuits. Yet there are enough plaintiff victories to rouse more plaintiffs…” (178). The media constantly monitors the government, but the government does not monitor the media enough. This is the reason why the courts are bombarded constantly with law suits. Government has let the media abuse of its freedom and this is why privacy has become a great issue in society. ...
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...Detrimental Reliance Detrimental Reliance occurs when someone takes action or fails to take action because of what appeared to be a promise made by another individual, without knowing if true or untrue. It is very similar to Promissory Estoppel in that the other party is "estopped" or legally prevented from denying liability, even though no formal contract was formed, because of its promise. An estoppel by representation [of fact] will arise between A and B if the following elements are made out. First, A makes a false representation of fact to B or to a group of which B was a member. [It is not necessary to demonstrate A knew that the representation was untrue.] Second, in making the representation, A intended or [in the alternatively,] knew that it was likely to be acted upon. Third, B, believing the representation, acts to its detriment in reliance on the representation. [It must have been reasonable to rely on the representation.] Fourth, A subsequently seeks to deny the truth of the representation. Fifth, no defense to the estoppel can be raised by A. (The Law of Waiver, Variation and Estoppel) Section 90 of the Restatement (Second) of the Law of Contracts reads, “Promise Reasonably Inducing Action or Forbearance: A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise...
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