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I chose to write about State v. Williams. This case recently received a great deal of media attention, as Marcellus Williams was scheduled to be executed despite new DNA evidence casted doubt on his involvement in the murder of Felicia Gayle. The following is a synopsis of the case, and procedural history to-date.
In August 1998, Felicia Gayle was murdered in her home when an intruder stabbed her 43 times. In addition to the murder several items were missing from her home including a laptop, the laptop case, and her purse. The murder remained unsolved until late 1999.
Marcellus Williams, had an extensive criminal record, and was incarcerated for an unrelated crime. In 1999, Williams' cellmate Henry Cole was released from prison,
he alleged that while incarcerated Williams had confessed to him that he had killed Gayle. As a result, law enforcement interview Williams' ex-girlfriend Laura Asaro. She too claimed that Williams had confessed to the murder of Gayle. Asaro was also able to tell police were the items stolen from the home could be found. It is important to note that these witnesses came forward after a $10,000 reward was posted for information regarding Gayle's death. Williams' asserts that his girlfriend was in fact the one involved in the robbery and homicide. No physical evidence existed directly connecting Williams' to the crime. Williams' was convicted of first-degree murder, first-degree burglary, first-degree robbery, and two counts of armed criminal action; he was sentenced to death for these crimes. Due to the nature of the sentence, Williams naturally attempted several appeals. The reasons for an appeal ranged from prosecutorial misconduct to notes taken by jurors. In January 2015, Williams' received a stay of execution from the Missouri Supreme Court. The stay was granted to Wiliams' defense counsel so that DNA testing could be conducted. The results ultimately showed that Wiliams' DNA was not on the murder weapon, and in fact the DNA on the weapon belonged to another unidentified male. Additionally, hair fibers from the scene were proven to also be from another individual. Although new evidence existed, a judge did not allow for the presentation of the evidence to the court and ruled that the execution was to go forward; on August 22, 2017, Williams' was scheduled to be executed. Hours before the execution the Governor of Missouri, Eric Greitens overrode the judges decision and halted the execution. Greitens' will be appointing five former Missouri judges to conduct in inquiry, and determine whether Williams' should be executed or provided if the death sentence should be commuted.
In the Lexington, Kentucky a drug operation occurred at an apartment complex. Police officers of Lexington, Kentucky followed a suspected drug dealer into an apartment complex. The officers smelled marijuana outside the door of one of the apartments, as they knocked loudly the officers announced their presence. There were noises coming from the inside of the apartment; the officers believed that the noises were as the sound of destroying evidence. The officers stated that they were about to enter the apartment and kicked the apartment door in in order to save the save any evidence from being destroyed. Once the officer enters the apartment; there the respondent and others were found. The officers took the respondent and the other individuals that were in the apartment into custody. The King and the
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.
Death: 15 October 1977, Sydney. She was bludgeoned to death with a large piece of timber in her Paddington studio, her fingers found broken, and her body battered. The murder was never solved, but there has been some speculation that she was a victim of the serial killer, John Wayne Glover.
.... Madison was applied to this decision because the actions committed were unconstitutional. According to the Supreme Court the 8th Amendment was broken because the District Court of Appeal was giving a cruel and unusual punishment to Graham. The 8th amendment claus does not allow a juvenile offender to be sentenced to life in jail without a parole for a non-homicidal crime. Therefore Terrance could not fall through with this punishment.
General education high school teacher, Michael Withers, failed to comply with his student’s Individual Education Plan (IEP). D.D. Doe’s IEP required tests to be read orally. Despite knowledge of this IEP and being instructed to follow the IEP by the superintendent, school principal, special education director, and special education teacher, Withers still refused to make the accommodations for D.D.’s handicapping condition. As a result, D.D. failed the history class. His parents filed charges against Withers, arguing that D.D was not afforded the right to a Free and Appropriate Public Education (FAPE) promised to all students by the Individuals with Disabilities Education Act (IDEA). They also filed a claim for injuctive relief against the Taylor County Board of Education to enforce the laws that protect handicapped students.
Was Dred Scott a free man or a slave? The Dred Scott v. Sandford case is about a slave named Dred Scott from Missouri who sued for his freedom. His owner, John Emerson, had taken Scott along with him to Illinois which was one of the states that prohibited slavery. Scott’s owner later passed away after returning back to Missouri. After suits and counter suits the case eventually made it to the Supreme Court with a 7-2 decision. Chief Justice Taney spoke for the majority, when saying that Dred Scott could not sue because he was not a citizen, also that congress did not have the constitutional power to abolish slavery, and that the Missouri compromise was unconstitutional. The case is very important, because it had a lot
In July of 2008, one of the biggest crime cases devastated the United States nation-wide. The death of Caylee Anthony, a two year old baby, became the most popular topic in a brief amount of time. Caylee’s mother, Casey Anthony, became the main suspect after the child supposedly was kidnapped and went missing. To this day, the Casey Anthony case shocks me because justice, in my opinion, wasn’t served. I feel as if the criminal conviction system became somewhat corrupted in this case. The entire nation, including the court system, knew that Casey Anthony was behind this criminal act, but yet she escaped all charges. I chose this case not only because it’s debatable, but also to help state the obvious, this case was handled the wrong way. Clearly the legal system was biased, which worked in Casey Anthony’s favor, freeing a murderer.
“DNA Testing and the Death Penalty.” ACLU: American Civil Liberties Union. 3 Oct. 2011. Web. 22 April 2014.
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
Pamela powers ,a ten year old girl disappeared .Williams was then seen near a YMCA building carrying a bundle wrapped in a blanket. There was 200 volunteers who conducted a landscape search. Williams then surrendered to local police and finally was arrested.
One of the biggest pushes for this change in the judicial system, was the Thompson Vs. Cotton case. Ronald Cotton was accused of raping twenty two year old college student, Jennifer Thompson. During a lecture at Ferris State University, Thompson recalled thinking over and over again that “once I [survive] and live, I will make sure that I know everything about you […] to help the police find you”. Little did she know, the man that she chose in both picture and physical lineup was an innocent man.
Bowers, W, Pierce, G., and McDevitt, J.(1984), Legal Homicide: Death as Punishment in America, 1964-1982, 333
To support their conclusion the board tells the story of two men who were exonerated after spending thirty years in prison for a crime they did not commit. Days after the rape and murder of eleven year old Sabrina Buie, half-brothers Henry Lee McCollum and Leon Brown confessed to the crime. Not only were their confessions made under pressure without parents or an attorney present, but the prosecution failed to present multiple pieces of evidence to the defense lawyers, DNA evidence that proved McCollum and Brown were not responsible for the murder. In fact, the DNA belonged to a Roscoe Artis, who was a suspect all along and was convicted of a similar crime just weeks later.
The Alan Gell case was in North Carolina where Alan was sentenced to the death penalty however after further investigation he was freed from determination as it was found that the prosecutors had withheld important evidence in the case. Its significance was that it led to new reforms in NC that requires all evidence, whether exculpatory or not, to be turned over as well as any complete files of all law enforcement and prosecutorial agencies involved in the
In the early 1950’s, the number of executions sharply declined. Opponents of the death penalty claimed that it violated the Eighth Amendment, which forbids cruel and unusual punishment. Opponents also claimed the death penalty violated the Fourteenth Amendment, which states that all citizens are entitled to equal protection under the law. In early 1972, William Furman was convicted of burglary and murder. While Furman was burglarizing a home, a resident arrived at the scene. Startled, Furman tried to flee, but tripped and fell in the process. The gun Furman was carrying discharged, killing the resident in the process. Furman did not believe he deserved the death penalty. The constitutionality of capital punishment in this circumstance was considered in the supreme co...