COMPLAINT Kenneth Dascoli filed a complaint against Arthur Kelly, Esq., on August 10, 2015. Dascoli alleges that Kelly deprived him of a fair trial in a criminal matter, essentially due to lack of preparation. The lack of preparation consisted of failing to visit the complainant while he was being held in jail, failing to interview witnesses, and failing to prepare for trial. Kelly has allegedly violated Mass.R.Prof.C. 1., 1.3, and 8.4(d). FACTS On December 7, 2009, Kenneth Dascoli was at the home of his ex-wife with his current girlfirend, his ex-wife’s friend, and Dascoli’s half-brother. Dascoli and his half-brother consumed a significant amount of alcohol when a verbal argument developed. The argument escalated and Dascoli’s brother …show more content…
Judge Fahey felt that affidavits provided by Dascoli’s mother and ex- girlfriend in support of Dascoli were weak and insubstantial, as well as not credible given the fact the defendant had the opportunity to advise Kelly of first aggressor evidence failed to do so. Additionally, in reference to an affidavit written by a medical expert, Fahey states that his conclusion was “without sufficient factual basis, and is, at best, conjecture and …show more content…
The meetings took place at the courthouse, and Kelly asserts “were likely in a separate cell away from the general detainees, which has always been my practice.” The meeting that took place at MCI Concord on the eve of the trial, “was to prepare him for his direct and cross-examination inquiry.” During the meeting on the eve of the trial, Dascoli provided Kelly some information from the past that would support the fact that the victim was in fact the “first aggressor.” Despite the late disclosure, Kelly prepared a motion to present to the court, and a portion of the information was allowed to be presented to the jury. Kelly suggests that he had questioned Dascoli about past incidents with his brother, but he did not inform him of any until the trial preparation
Dan saw that they did not need prosecution intervention but they did need HELP! He referred several agencies including bereavement counselling to the family who over a period of a couple of hours spoke, cried and thanked Dan again for being there. On leaving the residence which Dan describes to me as a nice family home with good people impacted by tragic events, Mrs. Brar said to Dan, I believe you were chosen to be here today, as you were the night my son died. Thank you for your compassion, discretion and leniency with my husband despite his actions. I believe Dan again been in the right place at the right time was able to Police with his emotional intelligence and impact another families life wearing the Calgary Police
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
The book, Celebrated Cases of Judge Dee (Dee Goong An), takes place in China, during the Tang dynasty. The Tang dynasty took place from 618-907 CE and included both Confucian and Legalist influences. Located in the Province of Shantung, is the town district called Chang-Ping, where Dee Goong An served as the town 's magistrate. A magistrate is a judge, detective, and peacekeeper who captures criminals and is responsible for their punishments. The people of China looked at magistrates as the "mother and father" of their town. Magistrates received a large amount of respect from the people due to the amount of authority and power they had. With so many people relying on him to make their home
Her little boy wasn't expected to make it through the night, the voice on the line said (“Determined to be heard”). Joshua Deshaney had been hospitalized in a life threatening coma after being brutally beat up by his father, Randy Deshaney. Randy had a history of abuse to his son prior to this event and had been working with the Department of Social Services to keep custody over his son. The court case was filed by Joshua's mother, Melody Deshaney, who was suing the DSS employees on behalf of failing to protect her son from his father. To understand the Deshaney v. Winnebago County Court case and the Supreme courts ruling, it's important to analyze the background, the court's decision, and how this case has impacted our society.
Your honor, ladies and gentlemen of the jury, thank you for your attention today. [Slide #2] I would like to assert that separation is not the end of a relationship. Divorce is not the end of a relationship. Even an arrest is not the end of a relationship. Only death is the end of a relationship. In the case of defendant Donna Osborn, her insistence that ‘“one way or another I’ll be free,”’ as told in the testimony of her friend Jack Mathews and repeated in many others’, indicates that despite the lack of planning, the defendant had the full intent to kill her husband, Clinton Osborn.
In this position paper I have chosen Bloodsworth v. State ~ 76 Md.App. 23, 543 A.2d 382 case to discuss on whether or not the forensic evidence that was submitted for this case should have been admissible or not. To understand whether or not the evidence should be admissible or not we first have to know what the case is about.
John smith, the accused, stood up in the courtroom and started yelling at the judge about what he thought of his innocence irrespective of the decision that the judge would make. He also cursed the prosecutor and kept quiet when his lawyer warned him of the negative consequences that would follow if he continued with the same behavior. Smith did not answer any question that the judge asked him. The prosecutor indicated that he had observed similar behavior when he interviewed him, in jail.
throughout her childhood with an alcoholic father and a selfish mother who cared more about her art and happiness than that of her children’s. Alcohol misuse can affect all aspects of family functioning: social life, finances, good communication, relationships between family members, parenting capability, employment and health issues, It also has a strong correlation with conflicts, disputes and domestic violence which can leave a damaging effect on children. Alcohol misuse often times changes the roles played by family members in relation to one another, and to the outside world as well.... ... middle of paper ... ...and agencies designed to meet the physical, intellectual, and social-emotional needs of individuals and families.”.
Gauci’s initial description and Al-Megrahi’s appearance in 1988 and the final one in 2000. The impression her article leaves is that Mr. Gauci’s testimony had too many changes over the years, therefore making his testimony and unreliable source for evidence. As a cognitive psychologist, she examines the possible biases he might have had in his recollection of the night he saw the man he was identifying in this investigation. She mentions in the conclusion that the case was later on reviewed by The Scottish Criminal Cases Review Commission which, based on the evidence, concluded Al-Megrahi’s case was a miscarriage of justice, proving Loftus’ suspicion of the Mr. Gauci’s faulty
Defense attorney, Katie Krejci argued that the state attorney, Maureen Feeney, and the police department didn’t provide the disciplinary file of officer Taylor Siljander, the plaintiff, in a timely manner.
It all started on the evening of December 7, 1982. A young waitress in her twenties, named Debbie Carter, had taken off of her shift early at a local Ada bar. She proceeded to enjoy a few drinks with several old high school friends before heading home shortly after midnight. Debbie was last seen having a confrontation with a man who was a regular at the bars as she got into her vehicle. The waitress’s friends had asked her to come join a group of them going to back to one of the friend’s houses to continue the hanging out; Debbie declined, but about 2:30a.m., her friend, Gina received two calls back to back from Debbie. Through all the n...
A parent’s alcohol addiction has a negative effect on themselves and their child as it results in mental, emotional, and physical abuse within the family. In The Body, Chris Chambers’ father is a raging alcoholic who does not care about anybody. Mr. Chambers will stay at home with Chris and Chris’ siblings and beats them and his wife: “Chris was marked up every two weeks or so, bruises on his cheeks and neck or one eye swelled up” (306). Mr. Chambers does not care about how young or helpless his children or Mrs. Chambers is. Chris and his siblings will be bruised anywhere on their bodies which the public sees but he does not care what people think of him or his children. For there is no respect that he gives to himself or to his children because
Soon after the initial decision; a court of appeals held that the clinical psychologist’s testimony should have been admitted during the court trial. The court of appeals also held that the psychologist was an expert
The court observation which I attended was in a criminal court. The trial took place in the Municipal Court of Pennsylvania. The trial took place in room 608 on April 13th 2015 at 2:00 in the afternoon. I chose this room by walking around and randomly picking it. The judge was the Honorable Charles Erlique. The defense attorney was Robert Link and the Prosecutor was Edward Jeremella. The eye witness in this case was the police officer. The trial lasted for about two hours. This was the second time I had been to the court house. The first time I went the trial, it was almost ending and I did not get enough information. This case was a bench trial. The judge was coherent during the trial, he was respectful to both parties. At the end of the trial to get more information I asked the council who was watching the trial to give me a