...v North Carolina which was the first argued case during their new term. This case presents the question of whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop (Brief of Petitioner 2). This case arose in 2009 when police stopped Nicholas Heien in North Carolina for driving with one broken brake light. The officer issued Heien a citation for his light and then proceeded to ask him if he could search his car, which Heien consented to. During the search, the officer discovered a sandwich bag that contained 54.2 grams of cocaine and Heien was arrested on the spot for drug trafficking (Oyez Project). He plead guilty to two counts of drug...
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...filed by either side of the case and if it is granted, the appellate court is the next step. Some cases automatically get an appeal. Those cases would be the death penalty or life in prison. There are three different types of appeals. There is the direct appeal, this is also known as the appeal of right, this appeal happens when the penalty for errors made at the trial were so big that the appellate court is mandated to do a review of the case. The discretionary appeal is filed when there is legal ground to show specific errors have been made in a case where the laws were not applied to the case properly. Then we have the Interlocutory appeals which are filed when a judge’s decision hinders the progress of a case being tried and waiting until the end of the trial would hurt the case. The timeline of an appeal is extremely important. If an appeal is not filed promptly the court can deny the appeal. The first step in the appeal process is to file a formal notice of appeal with the court. This is when the appellate is able to request trial transcripts. Attorney’s from both sides fill a brief, which outlines all facts, arguments and case law that relate to any mistakes that were made in the first trial. A panel of three judges, sometimes more will review the briefs. The judges then give a written decision with explanation of the decision. Second step is the respondent is brought before the appellate court and files a response brief or answer brief. Then the appellate contacts...
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...| APPEALS PROCESS | Describing the appeals process | | Ashlee Flemimg | 2/12/2012 | Abstract An appeal in the criminal law system is a defendant’s way of challenging the court’s decision. In this paper I will discuss what an appeal is, how it factors into the overall procedures and process of the criminal system. How the appeals process may be improved. Steps in the appeals process and an example case of an appeal. And why the example case appeal did or did not succeed. Introduction A defendant can challenge is conviction by filling an appeal to have the conviction overturned. The first appeal filed in most cases in the Federal System and most State Court systems is an appeal of the Statutory Right. If they lose the appeals under the statutory right they may then appeal to the State Supreme Court or the U.S. Supreme Court. But in most cases a defendant does not have the right to file such an appeal. The Supreme Court must agree to hear the defendant’s case. But defendant needs to remember that an Appeals Court is not automatically required to review a case. What is an appeal? An appeal is a petition to a higher court for review of a case that has already been decided by a lower court of law. The petition is made for the purpose of having the lower court’s decision overturned. How do appeals factor into the overall criminal procedures and processes? Merely filing an appeal does not automatically mean that a defendant will find it easy to have the court...
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...use a B-type truck hitch in order to drive on the state’s highway. If a trucking company decided not to have the hitch installed, they would not be allowed to drive on the highway and would have to drive around Confusion. The statute poses added expenses on Tanya’s business and the only place to get the hitch installed is also located in the state of Confusion. To make things more unfair is the fact that the federal government does not have any regulations on truck hitches used on highways. Tanya’s plan is to file suit against the state of Confusion to overturn the statute. Tanya’s suit falls under the jurisdiction of the federal courts for two reasons. The first reason is that the suit has a federal question. Federal question cases address the U.S. Constitution, treaties, and federal statutes and regulations (Cheeseman, 2010). Tanya’s suit questions the state of Confusion’s right to enforce a statute of driving privileges on national highways. The second reason is based on diversity of citizenship. Diversity of citizenship jurisdiction is allowed when the parties involved live in different states or countries and this prevents state court bias against nonresidents (Cheeseman, 2010). Tanya’s company was formed in the state of Denial giving her suit the right to be heard in federal court because of diversity of citizenship. The state of Confusion statute is unconstitutional. Confusion is in violation of the Commerce Clause. This is a clause in the U.S. Constitution...
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...of two sovereigns by breaking the laws of each, he has committed two distinct “offences” for double jeopardy purposes. In applying the doctrine, the crucial determination is whether the two entities that seek successively to prosecute a defendant for the same course of conduct can be termed separate sovereigns. This determination turns on whether the prosecuting entities’ powers to undertake criminal prosecutions derive from separate and independent sources. It has been uniformly held that the states are separate sovereigns with respect to the federal government because each states’ power to prosecute derives from its inherent sovereignty, preserved to it by the Tenth Amendment, and not from the federal government. Give the distinct sources of their powers to try a defendant, the states are no less sovereign with respect to each other than they ae with respect to the Federal Government.” (Heath v. Alabama, 474 U.S. 82 (1985) Pp. 437 -439) A Second Bite of the Apple Double jeopardy clause prevents the government from prosecuting a person accused of a crime more than once for the same offense. To bar from retrying the accused if the prior prosecution had progressed to the point in which jeopardy had attached; if it involved the same offenses; and if both prosecutions where brought by the same governing entity. (Kanovitz, J. (2015) pg. 474) I If double jeopardy was as straight forward as it appears there wouldn’t be a vast load of case law arguing whether it had been violated...
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...Case Brief Assignment PLAW 340 Mott v. Duncan Petroleum Transportation 51 N.Y.2d 289, 414 N.E.2d 657(1980) Facts: Claimant predicates her claim for death benefits upon the existence of an alleged common-law marriage, contracted in the State of Georgia. She testified at the hearing of this matter that she and Mr. Mott traveled to Georgia on several occasions, staying there for weeks at a time with her daughter. She claims that the couple intended to take up permanent residence in Georgia, to start a business there, and to make Georgia their home, although it is undisputed that none of these intentions were ever fulfilled. Claimant also asserts that while in Georgia she and decedent lived together as husband and wife and represented themselves to the local community as such. On the basis of this evidence, claimant concludes that a valid common-law marriage was effected in Georgia. Issue: Whether Mary and John Mott effected a common-law marriage in the State of Georgia by proper legal standard. Whether the Workers' Compensation Board erred in failing to properly apply the law of the State of Georgia in determining the Motts' marital status. Brief answer: Yes. Reasoning: “The Court held that the determination of the Workers' Compensation Board was premised upon an inaccurate view of applicable law, and the board also assumed that a mere "visit" to Georgia could not result in a valid Georgia marriage. Given the apparent liberality of the Georgia rule with...
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...HOW TO BRIEF A CASE I. Distinctions A. B. II. A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic components of that decision. Persuasive briefs (trial and appellate) are the formal documents a lawyer files with a court in support of his or her client’s position. Functions of case briefing A. Case briefing helps you acquire the skills of case analysis and legal reasoning. Briefing a case helps you understand it. B. Case briefing aids your memory. Briefs help you remember the cases you read (1) for class discussion, (2) for end-of-semester review for final examinations, and (3) for writing and analyzing legal problems. Do not try to memorize case briefs. Learning law is a process of problem solving through legal reasoning. Cases must be read in light of the series of cases with which they appear in your casebook or on the class syllabus. III. Briefing a case: The steps Although the exact form of your briefs may and can vary from case to case, the following parts should appear somewhere in your brief in a way that helps you understand the case and recall the needed information. 1. Read through the opinion first so you will understand the overall story and identify important facts, etc., before beginning to brief the case on paper. 2. Heading: a. b. c. d. Case name (to identify the parties) Court name Date of the decision Page number where the case appears in the textbook ...
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...10/18/11 Joseph Becker The steps to becoming an Attorney Today, there are more people in law school than there are actual practicing attorneys. The steps to becoming an attorney are rigorous. When a person decides he or she wants to become an attorney, a process starts long before one ever enters law school. The first unofficial step towards a career in practicing law begins with ones prep work in high school. Academic performance in high school will generally determine how well a student will perform in college classes. The second unofficial step is to determine what university or college to attend. While in college, it is imperative that one does well, the course of study is not important. What one should focus on while in college are the skills that will be most helpful in the legal profession. Developing critical thinking and analytical skills, research skills, and professional writing skills are essential tools for success in the future. Obtaining an undergraduate degree is the first major step toward a career in the legal profession. After graduating from college, one should research the different law schools, and select the school that is best suited for one’s overall success. Grades and overall GPA while at the undergraduate level is one-half of the factors used to determine ones acceptance to law school. The other half is ones score on the LSAT. LSAT The LSAT is the standardized Law School Admission Test. The test is comprised five thirty-five minute segments designed...
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...Crime to Corrections A guide to our Justice System By: Joseph Reagan Abstract The following brief will be presented outside a federal courthouse to the public after a recent round up of local gang members by federal, state and local authorities. Included in the brief will be information on the process by which the suspects were taken into custody, booked and all information recorded. We will also give a detailed, step by step overview of the federal justice system as it pertains to the defendants as they work their way through the legal system. Our brief will conclude with the corrections process as it applies to a federal case. The brief is intended to make the public aware of how law enforcement, the judicial system, and corrections all work together to try to make the process through the legal system as smooth as possible to maintain due process while upholding the law. Welcome, I understand this is a difficult and confusing time for you if you are here because of the recent arrests that occurred. I am going to explain in detail to you the steps that will be taken as each suspect is processed through the jail. I will then discuss the pretrial measures as required by law to protect the defendant as well as the victims in this case. Finally, I will discuss pretrial steps as well as what will occur should a federal trial take place for the defendant. Please hold any questions till the end of my briefing so we can get through all the information as there...
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...court system there are 3 organized divisions. First, there is the Supreme Court which is said to be the “highest court in the land”. Second, the U.S. Court of Appeals and last but not least, the U.S. District Courts. The federal courts hear cases that involve the laws that concern the Constitution, the laws and/or treaties of the U.S., Ambassadors and Public Ministers, disputes between two or more states and bankruptcy cases. The federal courts only exercise judicial powers, meaning the “courts decide controversies by issuing decisions in each case and the rationale for that decision”. Another exception to the rule is diversity of citizenship, which means that in such a case the Diversity of citizenship occurs if the lawsuit involves (a) citizens of different states, (b) a citizen of a state and a citizen or subject of a foreign country, and (c) a citizen of a state and a foreign country is the plaintiff. A corporation is considered to be a citizen of the state in which it is incorporated and in which it has its principal place of business. The reason for providing diversity of citizenship jurisdiction was to prevent state court bias against nonresidents. The federal court must apply the appropriate state’s law in deciding the case. The dollar amount of the controversy must exceed $75,000 to be brought in federal court. If this requirement is not met, the action must be brought in the appropriate state court. U.S....
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...Malayan Law Journal Reports/1986/Volume 1/PUBLIC PROSECUTOR v PARAM CUMARASWAMY - [1986] 1 MLJ 512 - 3 January 1986 6 pages [1986] 1 MLJ 512 PUBLIC PROSECUTOR v PARAM CUMARASWAMY OCJ KUALA LUMPUR CHAN J FEDERAL TERRITORY CRIMINAL TRIAL NO 39 OF 1985 3 January 1986 Criminal Law and Procedure -- Charge of sedition -- Close of prosecution case -- Whether prima facie case made out -- Sedition Act, 1948, ss. 3(1) & 4(1) -- Criminal Procedure Code (F.M.S. Cap. 6), s. 180 -- Federal Constitution, art. 10 1986 1 MLJ 512 at 513 In this case the respondent was charged with uttering seditious words, an offence under the Sedition Act, 1948. At the close of the prosecution case, counsel submitted that there was no case to answer. Held: (1) all that is required at the close of the prosecution case is for the prosecution to discharge their evidential burden by adducing sufficient evidence to raise a prima facie case against the accused. At that stage, a trial judge should not consider whether or not a case has been proved beyond a reasonable doubt against the accused. If no evidence is called for the defence, then, and then only, the tribunal of fact must decide whether the prosecution has succeeded in discharging the persuasive burden by proving its case beyond a reasonable doubt; (2) in this case the prosecution has discharged their evidential burden by adducing evidence of primary facts. The accused must therefore be called to enter on his defence. ...
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...HIPAA Ruling in Tennessee Court Failure to adhere to regulatory compliance can impact a litigation process, which in the case of Stevens vs, Hickman Community Hospital was prominent when the Tennessee Court of Appeals dismissed the case based on failure to comply with Tennessee’s Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. This paper will include an IRAC Brief that will explain the case in detail followed by a brief explanation of governmental principles of regulatory compliance requirements, a brief explanation of methods for managing the legal risks that arise from regulatory compliance issues, and how this case can be applied within a business managerial setting. IRAC Brief Christine Stevens a Tennessee woman filed a malpractice lawsuit against Hickman Community Hospital, the emergency room services and physicians who cared for her husband Mark Stevens, which subsequently resulted in his demise. The case however is being challenged as a result of failing to comply with regulatory requirements set forth in the Tennessee Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. Case In accordance with the Tennessee Medical Malpractice Act, on April 11, 2011, counsel for Mrs. Christine Stevens the spouse of Steven Stevens, formally notified Hickman Community Hospital and Dr. Whitaker of the impending malpractice allegations...
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... Bourland 724 F. 2d 1142 Case Brief Instructions Please note that, unlike the case you have been assigned, the cases in the text have been stripped down to a fundamental legal issue related to the chapter of study and do not contain much of the procedural aspects you may find in your case. DECIDE ON A FORMAT AND STICK TO IT: Structure is essential to a good brief. It enables you to arrange systematically the related parts that are scattered throughout most cases, thus making manageable and understandable what might otherwise seem to be an endless and unfathomable sea of information. There are, of course, an unlimited number of formats that can be utilized. However, it is best to find one that suits your needs and stick to it. Consistency breeds both efficiency and the security that when called upon you will know where to look in your brief for the information you are asked to give. Be mindful that the operative word is “brief”; ideally the case brief should be about one page in length and never over two pages. Nevertheless, it is important that a brief contain the following: TITLE AND VENUE: Identify the case name and citation in the correct format. RULE OF LAW: A statement of the general principle of law that the case illustrates in the form of a statement. Determining the rule of law of a case is a procedure similar to determining the issue of the case. Avoid being fooled by red herrings; there may be a few rules of law mentioned in the case excerpt, but usually only...
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...results, combined with evidence that was improperly withheld by Williamson County prosecutors for more than two decades, indicates that an Austin-area man has spent 24 years in jail for a murder he did not commit, a court filing alleged Wednesday. Michael Morton, now 57, was convicted in the brutal beating death of his wife, Christine Morton, and sentenced to life in prison in 1987. But a recent court-ordered DNA test, conducted on a blood-stained bandanna over the objections of Williamson County District Attorney John Bradley, points instead to an unnamed California felon as the killer, according to court briefs filed by the Innocence Project of New York. The court filing urged a Williamson County district judge to remove Bradley from the case, saying he cannot be trusted to oversee a reinvestigation of the killing because he has shown “unprofessional” animosity toward Michael Morton and his lawyers. What’s more, the motion alleges, Bradley worked to keep a key piece of evidence hidden from Morton’s lawyers — a transcript of a police interview that shows the Mortons’ 3-year-old son witnessed his mother’s murder and said the attacker was not his father. The transcript should have been provided to Morton’s defense lawyers before the trial but was not, according to the Innocence Project motion. Bradley, who was not district attorney during the trial, recently opposed releasing the transcript to the Innocence Project under the state’s open records laws, the motion said. “Justice...
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...Case Review Worksheet CJ/354 Week Two Worksheet Part I: Case Review Review the cases below by going to the “Detailed Contents” section of the Contemporary Criminal Law textbook. After reviewing the case, select the defense that was represented in the case from the following list: necessity | self-defense | defense of others | defense of home and property | resisting unlawful arrest | consent | duress | intoxication | mistake | age or infancy defense | entrapment | syndrome-based defenses | insanity defense | | | 1. Case 1: State v. Dejarlais State v. Dejarlais section in Ch. 8 of Contemporary Criminal Law Defense used: Consent 2. Case 2: Lopez v. State Lopez v. State section in Ch. 9 of Contemporary Criminal Law Defense used: Insanity Defense 3. Case 3: People v. Ceballos People v. Ceballos section in Ch. 8 of Contemporary Criminal Law Defense used: Defense of Home and Property, Necessity 4. Case 3: Brazil v. State Brazill v. State section in Ch. 9 of Contemporary Criminal Law Defense used: Age or Infancy Defense Part II: Short Answer Answer, in a minimum of 50 words, each of the following questions: 1. What is the adversarial system? The adversarial system, also known as adversary system. Many also refer to it as the legal system. They develop and present any arguments, gather, and submit any evidence they may have, as well as questioning any witnesses. Both parties are represented by attorneys...
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