Facts Appellee’s (Joyce Sell) son Scott Sell and Jon Stones; both 17, were involved in a motorcycle accident and taken via ambulance to the Appellant (Mary Lanning Memorial Hospital Association) A friend of the boys; Wayne Kimminau gave the names of the two boys and their parent’s addresses. Shortly after the parents arrived at the hospital Jon Stones passed away from his injuries and Scott Sell remain in intensive care. Dr. Lawrence Banta advised his parents that Scott passed away from his injuries
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certain serious crimes. The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted
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(2009) II. The Relevant Facts Montejo, who was a murder suspect, waived his Miranda rights and was interrogated at a sheriff’s office. He was brought before a judge for a hearing where he was appointed legal representation. Later that day, two officers visited him at the prison and asked Montejo to accompany them to locate the murder weapon, which he claimed he had thrown into a lake. He was read his Miranda rights again and agreed to go with the officers to search for the murder weapon. Montejo wrote
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the U.S Constitution to provide counsel in criminal cases to the represent defendants who cannot afford to pay their own attorneys. Gideon was charged with a felony in Florida state court. He came into view before the state Court, informing the Court he was indigent and requested that the Court appoint him an attorney. The Court declined to appoint Gideon an attorney, stating that under Florida law, the only time an indigent defendant is entitled to appoint counsel is when he is charged with a capital
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Gideon’s Trumpet, by: Anthony Lewis Clarence Earl Gideon was born on August 30, 1910 in Missouri. Gideon lost his father when he was three years old. His home life was non existent as he ran away from home when he finished eighth grade and started living his life as a homeless drifter. By the time that Gideon reached the age of sixteen he had an extensive list of petty crimes. At age eighteen he was arrested in Missouri and convicted of robbery, larceny and burglary. Gideon was sentenced
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Gideon’S Trumpe Film The movie “Gideon’s trumpet” tells the story of Clarence Earl Gideon, shows how he was fighting for the right to have publicly funded legal counsel for the needy. This man was of an average intelligence, a four-time loser without a financial support, but very stubborn about what he was doing. The events that described in this movie, remained in the history of the law. In 1961, when Earl Gideon was fifty one, he was arrested, prosecuted, and sent to the jail for breaking and
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CJS/220 Introduction to Criminal Court System January 19, 2014 Mark Rosenfield Prosecution Verses Defense There are two major differences between the defense counsel and that of the prosecutor. The prosecutors mainly have to complete a balancing act that strikes fair between the competing interest of convicting the guilty, freedoms and rights as well as protecting the public from criminals. Prosecutors are here not to be bias or racist they are here to be fair. Prosecutors to do represent any special
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only privately owned pool cues were allowed to leave the pool hall and it just so happened that Davis owned two pool cues, one of which was discovered to be bloody. On November 4, 1988, Davis was brought in for questioning; he was read his Miranda Rights and waived them both orally and in writing. “About an hour and a half into the interview, Davis said “maybe I should talk to a lawyer” (Davis v. United States, ____ U.S. ____ (1994), 1994). The investigators made it clear they didn’t want to
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motion should be denied. --- PROCEDURAL HISTORY On March 29, 2013, Honorable Judge _____________ presided over this case with defendant, defense counsel _____________, and plaintiff counsel Tony Swartz for the State of Washington. Defendant was charged with DUI and Reckless Driving. A venire consisted of 29 potential jurors. Questioning by court and counsel occurred between 10:45am and 12:11pm. The court asked the venire, “Have any of you had a personal experience with a similar related type of case
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different roles to partake, but it keeps the criminal justice system functioning properly. However, as citizens, it is important that we are aware of our rights. The Strickland v. Washington’s case clarified the importance of being aware of every single right a citizen has. Sometimes when we think we have nothing to hide, we waive or give up our rights to be viewed as an innocent individual. However, that is not the case. The purpose is to protect ourselves from any unlawful actions from the government
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