In order to commit the crime of simple battery in the state of Georgia, the following elements must be present at the time the crime is being committed: “(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causes physical harm to another.” In Meja v. State (1998), Josiah Meja, the defendant, is convicted of four counts of simple battery (as well as two counts of battery and one count of family violence battery). Angered for unspecified reasons, Meja forces Bernadine Ikuakman, who lives with Meja, to leave the home. She complies, but she returns the following day. When she returns, Meja does not allow her to enter the residence. Eventually, she is able to enter the home.
A forty-six-year-old man named Lawrence M. Bradford had filed a lawsuit in the U.S. District Court in Syracuse, New York. Bradford claimed that police officers Chad D. Frederick and Shane M. Ryan entered his residence without a warrant, although his roommate Shara Bixby, let the officers into the house. Mr. Bradford said that the officers forced Shara Bixby into letting them into the residence after she had told police that he was not home. The two officers were there to arrest Mr. Bradford for his part in the assault of another man. Bradford pleaded guilty in Jefferson County Court in August 2013 to second-degree assault. Mr. Bradford and another man was accused of stealing money and property from Jeffrey Jewett in Watertown, New York, while striking him on the head and body, causing a cut above the victim’s
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
The case State v. Snowden is an appeal by the defendant were the defendant pleaded guilty to an evidence charging Raymond Alien Snowden with the crime of murder of first degree. The trial of the defendant was represented by the district Court, 3rd Judicial District, Ada County, were Snowden entered judgment and sentenced of death but he appealed. Snowed was at a bar in the evening drinking and playing pool in a Boise pool room, he and other person visited another club near the one where they were playing pool, nearby Garden city. That same day Snowden and his friend visited several bars also drinking, at the end they stop at HiHo club. That same bar he met and starts having a conversation to this lady Cora Lucyle Dean, they start dancing and having a time together and they left together, while they were walking they start arguing in the street, because she wanted him to find her a cab and take her to back to Boise, but he said that he shouldn’t be paying her fare.
In 1943 a student Gordon Hirabayashi disobeyed a report for evacuation and curfew. Hirabayashi v. United States (1943), was the first judicial test of the statute that was signed into law by Franklin Roosevelt to make it a crime to remain in a military zone, that was put to use towards an American citizen. Hirabayashi was convicted of both counts, evacuation and curfew, in Fede...
Clear and Danger was evaluated in the First Amendment and guarantees the right of Freedom of Speech. I have two scenarios regarding clear and danger, the first scenario is Debs v United States. In this case Debs v United States, Debs felt that socialism is the answer; however, Deb’s was prosecuted for the remarks that he made. In addition, the speech that Deb gave wasn’t as harsh as made by others, for example, George McGovern made a remark about the Viet Nam War during his 1972 presidential bid which was very harsh. This process was done by using its weak form of the clear-and-present-danger test and Deb’s ended up being sentenced to a ten year sentence. In this case Deb’s couldn’t speak everything on his mind that he wanted which was a violation
On the evening of September 21, 1977, the alleged victim in the case, known as Pat, was out at a high school alumni function, where she met up with several friends. They decided to go to Fells Point to have a few drinks. While en route, Pat stopped to phone her mother who was watching her child to inform her that she would not be out much longer. Once at Fells Point, they went to the bar and had approximately one drink. Pat and her girl friend, Terry, walked two blocks to an additional bar. This is where Pat met the defendant, Edward Rusk. A conversation ensued between the two of them. It was reported that their conversation covered the subject of them both being separated from their spouses and having children. Rusk is reported to have asked Pat for a
Ogburn examined Appellant on three separate occasions, reviewed court documents, and interviewed Mark Bowden, a friend of Appellant’s who was with him on the evening prior to the 1982 offenses. Dr. Ogburn concluded that, on the night of the crimes, Appellant was intoxicated and succumbed to loss of control stemming from a woman turning him down for another man. Dr. Ogburn further concluded that Appellant’s crimes were not planned or premeditated, but the result of emotional “triggering” that had occurred on the previous night. Dr. Ogburn concluded that Appellant was unable to form specific intent for the 1982
...und statutes unconstitutional, concluding: The sheer number of these decisions not only belies the notion that the institution of judicial review was created by Chief Justice Marshall in Marbury, it also reflects widespread acceptance and application of the doctrine (Treanor).” The result and impact of this case is that it established Judicial Review as a Court power, which states that the Supreme Court or Judiciary branch has the right to review executive and legislative actions and see if they are constitutional. Judicial review is an “example of checks and balances in Americas’ modern governmental system” ("Judicial Review."). Because of the Marbury v. Madison case, all cases submitted into the Courts are subjected to judicial review to check constitutionality.
O' Connor, Sandra D. "Boos v. Barry." 22 March 1988. World Wide Web. 3 March 2001.
The United States Judicial System is made up of several different courts, which includes the federal court system, the state court system, and the local court system. All three of those court systems handle different types of cases and have their internal structures and roles.
The crime of indecent assault and battery occurs when an attacker, has non-consensual physical contact with a person in a sexual manner. This could be any unwarranted physical contact to a person’s private body. This assault is punishable to up to five years in prison.
The case of the State of Florida vs. Chad Heins happened in 1994 in Mayport, Florida. It was on April 17, 1994 that Tina Heins, who was pregnant at the time, was found stabbed to death in her apartment. She shared an apartment with her husband Jeremy Heins and Jeremy’s brother Chad Heins. At the time of the incident Jeremy Heins was on a ship because he worked in the navy but Chad Heins was at the apartment. Before the incident happened Chad Heins, the defendant, who was nineteen at the time, used his brothers license to buy alcohol at a strip club near the apartment. After that Chad Heins had went to another bar where his brothers license got confiscated. He left the bar around 12:45 a.m. and went back to the apartment. He then washed his
On January 27, 1964, the court released her upon recommendation of two doctors appointed by the probate court to examine her. She filed law suits for false imprisonment, assault and battery and malpractice against Wolodzko, Anthony Smyk and Ardmore Acres. The court dismissed case on Smyk and Ardmore (115, 497, & 924, 1969) and (Swainson, n.d.).
Assault is an intentional or reckless act that causes someone to put in fear of immediate physical harm, e.g. pointing a gun at the claimant by the defendant, the claimant need not know if the gun is real one. Assault must be intentional, direct and immediate. Battery is the intentional or reckless application of physical force to another person. While, false imprisonment is an unlawful restriction of the claimant’s freedom of movement by the defendant.
creating fear to another party of experiencing battery; a touch considered unlawful by the law.