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Analysis of JOHNSON V. TEXAS case
Analysis of JOHNSON V. TEXAS case
Analysis of JOHNSON V. TEXAS case
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Title and Citation: Smith v. Texas, 125 S. Ct. 400 (2004) Type of action: This is a criminal case where the defendant Facts of case: On January 7, 1991 nineteen years old Jennifer Soto was just promoted to manager for Taco Bell restaurant, Soto was the closing manager that night. She allowed former employee Applicant to use the store phone because he said his car was broke down, the restaurant was closed. Applicant repeatedly hit Soto with the gun until it broke. Applicant wanted Soto to give him the combination to the store safe, but she didn’t know it. Applicant then shot Soto point bank into the back of her head along with stabbing her numerous times. Finally he sliced her neck severing her jugular vein, which along with the gunshot wound
Anna Garcia is a thirty eight year old Hispanic women. She weighed 165 pounds and was 64 inches tall. She was married to Alex Garcia, but went through a nasty divorce. Anna has no children and one dog. A phone call came in at 9:45 AM on the hot morning of August 14th. Anna’s neighbor, Doug Greene let the police know he saw her walking her dog around 6:30AM yesterday morning, but heard her dog barking for the last two hours. Both the police and the EMT arrived at 9:56AM, and had to break the front door down. Upon entering the house, they found Anna lying face down in the entry hallway, a small pool of blood was by her head. The house was a comfortable 73 degrees fahrenheit. Around her there was evidence. There was vomit, blood spatters, blood on the table, and a pool of blood. As well as, a syringe, white pills, a cup with an unknown fingerprint on it, a muddy shoe print, and a
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.
Bounds v. Smith was argued November 1, 1976 and the case was decided April 27, 1977 by THE UNITED STATES COURT OF APPEALS for the Fourth circuit. MARSHALL, J., delivered the opinion of the Court, in which BRENNAN, WHITE, BLACKMUN, POWELL, and STEVENS, JJ., joined. POWELL, J., filed a concurring opinion. BURGER, C.J., filed a dissenting opinion. STEWART, J., post, and REHNQUIST, J filed dissenting opinions, in which BURGER, C.J., joined.
On the evening of Ms. Heggar¡¦s death she was alone in her house. Eddie Ray Branch, her grandson, testified that he visited his grandmother on the day that she was killed. He was there till at least 6:30 p.m. Lester Busby, her grandnephew, and David Hicks arrived while her grandson was still there and they saw him leave. They then went in to visit with Ms. Heggar. While they were there, Lester repaid Ms. Heggar 80 dollars, which he owed her. They left around 7:15 p.m. and went next door to a neighboring friend¡¦s house. David Hick¡¦s went home alone from there to get something but returned within ten minutes of leaving. Because he was only gone for 5-10 minutes, prosecution theorized TWO attacks on Ms. Heggar because he could not have killed his grandmother during this 5-10 minute period alone. At 7:30 p.m., 15 minutes after the two had left, an insurance salesman called to see Ms. Heggar. He knocked for about 2 or 3 minutes and got no reply. Her door was open but the screen door was closed. Her TV was on. He claimed to have left after about 5 minutes and then he returned the next morning. The circumstances were exactly the same. With concern, he went to the neighbor¡¦s house and called the police. His reasoning for being there was because the grandmother¡¦s family had taken out burial insurance three days before she had died.
According to the Justice Kagan, in the case of Florida vs. Harris, “we considered how a court should determine if the “alert” of drug-detention during a traffic stop provides probable cause to search a vehicle” (Kagan).
A horrific murder happened in tiny Skidmore on December of 2004. Lisa Montgomery and Bobbi Jo Stinnett met and found out that they had much in common and became good friends (Nunes 85-86). Surprisingly, Bobbi and Lisa met in an internet chat room. Bobbi was into puppy breeding and she occasionally served as a judge. Lisa lived in Kansas where her close friends were shocked about what she was talking about. Of course, Lisa shrugged it off and she sent an email to Bobbi saying that she wanted to see the puppies (Nunes 85-86). When Lisa met Bobbi Jo she had a fake name which was Darlene Fisher because she didn’t want Bobbi to know her real identity. When Lisa sent Bobbi the email she had a criminal intent on her mind. She was planning to choke Bobbi into unconsciousness and then cut open her womb and steal Bobbi’s unborn baby. When Lisa arrived at the house she threw a rope around Bobbi’s neck and choked her until she was unconscious. That is when Lisa took a knife and started to cut open Bobbi’s stomach. Lisa had to cut through skin, fat, and muscle to get to Bobbi’s uterus. Bobbi’s baby was in eight-month gestation; Lisa cut and tied the baby’s cord. Lisa stole the baby and fled to her house in Kansas. Unfort...
In conclusion, Mrs. Barrett suffered from many years of abuse from her husband. She finally snapped and shot Mr. Barrett, killing him. She did this because in self- defense and beyond reasonable doubt that he would have killed her. She also should be able to claim Battered Woman 's Syndrome because she went through the stages of abuse and meets the qualifications of a battered woman described in Leslie McGuire’s book. In the end, Mrs. Barrett should have Leslie McGuire testify because she is very experienced and widely known, she has heard and counseled people in over 300 cases. . She is a reliable person with good intentions and will only help the case. I hope that you make the right decision today, Thank you.
In an article written by a Senior student they discuss a monumental moment in Mexican American history concerning equality in the South. The student’s paper revolves around the Pete Hernandez V. Texas case in which Hernandez receives a life in prison sentence by an all white jury. The essay further discusses how Mexican Americans are technically “white” americans because they do not fall into the Indian (Native American), or black categories and because of the Treaty of Guadalupe Hidalgo of 1848. The student’s paper proceeds to discuss the goals connecting the Hernandez V. Texas case which was to secure Mexican American’s right within the fourteenth amendment [1].
Nature of Case: The plaintiff is Peter Stanley. He said that his rights to equal protection of the law under the 14th Amendment have been violated. He believes that the Illinois law that makes children of unwed father’s wards of the state upon death of the mother violated his rights.
In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v. Jones, People v. McFarlin, and People v. Price to determine the outcome of Smith’s motion to be resentenced.
Troy Gregg was charged and sentenced to death for the robbery and murdered of Fred Simmons and Bob Moore. Gregg and Floyd Allen were hitchhiking in Florida when they were offered a ride by Fred Simmons and Bob Moore. During their journey, they picked up Dennis Weaver, another hitchhiker, that only stayed with them until Atlanta. During one of their stops, Troy Gregg murdered Simmons and Moore and stole their money and car. Weaver had contacted the police after hearing about a shooting the next day. After Gregg was found guilty, his punishment was between life-in-prison and the death penalty. The court sentenced Gregg to the death penalty, but Gregg challenged the court claiming that his death sentence violates his eighth
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults who were acting in privacy.
This case goes back from the year 1980. A man approached a young woman named Laura Moore at a bus stop in the Spring of 1984. The man disclosed a warning saying “ You shouldn’t be out here alone. Bad guys will pick you up, Let me take you where you have to go.” Moore, 21 at the time , agreed to take the man’s offer. As they both drove off, he then told her to put on her seat belt. When she refused, she states that the man reached under his seat, grabbed a gun and shot her six times. Moore was severely wounded, fortunately she managed to escape, but turned back to study his face. That man was Lonnie David Franklin Jr, now better-known as the serial killer the “Grim Sleeper”. Lonnie David Franklin Jr was convicted of 10-25 women 's murders. The Grim Sleeper murder’s were active during the 1980s and there was a period of time that the killings had stopped. Franklin wanted to keep a low profile. In 2002 the Grim Sleeper’s killing made a surprising return for the community of Los Angeles. For 14 years he remained inactive which raised questions for law
In simple terms, a state attorney general is essentially the state’s lawyer, but he/she has many more responsibilities than that. It should come as no surprise that a state as large as Texas requires a lot of its government officials. A person in this position is the chief legal officer and is charged with protecting the interests of the state. This is typically done through giving legal advice or court proceedings. As the state’s lawyer, they can advise other Texas government agencies on how to make sure they are operating legally. More commonly, lawyers usually operate in court, and the attorney general is no different. If the state of Texas is ever directly involved in a case, the attorney general represents their state in both local and federal courtrooms such as taxes owed to the state or against those that violate any environmental-protection laws ("Attorney General," 2010). Being in the executive branch, the Texas attorney general reports to the governor: “The attorney general shall report to the governor on the first Monday of December of each even-numbered year. The report must include the following information for the preceding two years: (1) a summary of the cases in which the state was a party that was acted on by the supreme court and court of criminal appeals; and (2) a summary of civil cases in which the state was a party that were prosecuted or defended by the attorney general