ipl-logo

Appellant Jewell Case Study

403 Words2 Pages

Appellant Jewell entered the United States driving a car that had 110 pounds of marijuana concealed in a secret compartment. Appellant testified that he did not know the marijuana was present. Appellant made an agreement (with a man who tried to sell marijuana to the Appellant) to drive the car from Mexico to the US. He thought there was probably something illegal in the vehicle, and made a cursory inspection of the car prior to driving it. After arrest he stated that he didn 't find anything during the inspection, and, therefore he assumed that customs wouldn 't find anything either. Appellant was asked at trial whether he had seen the secret compartment when he opened the trunk. He responded, "Well, you know, I saw a void there, but I didn 't know what it was." HISTORY: Defendant was convicted of possessing a controlled substance. Defendant appealed arguing …show more content…

ISSUE: Should Appellant Jewell have been convicted of possessing a controlled substance despite no positive knowledge of such possession, where Appellant had a conscious purpose to avoid learning the truth? RULING: Yes. Trial court conviction was affirmed. Dissent by: KENNEDY,Circuit Judge, with Judges Ely, Hufstedler and Wallace. RATIONALE: The legal premise of the jury instructions was sound. Professor Glanville Williams states, on the basis of both UK and US authority, "To the requirement of actual knowledge there is one strictly limited exception...[The] rule is that if a party has his suspicion aroused but then deliberately omits to make further enquiries, because he wishes to remain in ignorance, he is deemed to have knowledge." The Model Penal Code, Section 2.02(7) states, “When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it does not exist." In several cases, the Supreme Court has applied the Model Penal Code definition of

Show More
Related
519 Words | 3 Pages

With surveillance, they observe that he meet with a person, and proceed to return to Illinois, via driving. Based on the anonymous tip and the observation of said events, matching in similarity to the information provided in the letter, the law enforcement obtained a search warrant. Duing the exection of the search warrant, a massive durg load was discovered in Gates car, he was subsequently arrested. The decision of the Trial Courts, made judgement that there was no probable cause, thus invalidating the search warrant, leaving the drugs found, inadmissible to the case.

Read More
517 Words | 3 Pages

Read Case 10-2, Welge v. Planters Lifesavers, on page 243. What theory of liability did Justice Posner use in finding the defendant liable? Judge Posner used the strict product liability theory in finding the defendant liable (Herron, 2011). Under the strict product liability theory, K-Mart (seller) would be held liable for defects in their products even if those defects were not introduced by them; also for failing to discover them during production (Herron, 2011).

Read More
276 Words | 2 Pages

The case of California v. Greenwood involves police who were investigating a potential drug trafficker, Greenwood. The police, who were acting on information that suggested that Greenwood could possibly be engaged in narcotics trafficking, obtained trash that Greenwood had left on the curb in front of his home. Considering the trash included items indicative of narcotics use, the police then obtained warrants to search Greenwood’s home, discovered controlled substances during their searches, and subsequently arrested respondents on felony narcotics charges. The issue in this case was whether the Fourth Amendment prohibits the warrantless search and seizure of trash left for collection outside the curtilage of a home.

Read More
1157 Words | 5 Pages

On balance, the probative value of evidence of Ms. Fitzgerald’s drug use is extremely high and substantially outweighs any risk of either unfair prejudice or undue delay. IV. MS. FITZGERALD’S PRIOR DURG US IS EXEMPT FROM THE PROHIBITON ON HEARSAY UNDER RULE

Read More
409 Words | 2 Pages

The initial ruling was in favor of the plantiff, Mr. Alfred, however the Florida State Supreme Court later overturned that ruling, finding insufficient evidence to support the claim that the absence of valium as well as an immediate intubation would have changed the outcome. The specifics of the case can be reviewed at the following website:

Read More
1084 Words | 5 Pages

Borne actually possessed were designed to produce a device proscribed in §5845(f)(1) or (2). The hairspray was not limited to functioning as a fuel source, the matches were devised to light far more than just fuses and the cylinder, though unique, could clearly be adapted to numerous legal and commercial purposes. If fact, the record indicated that Mr. Triton produced an exact replica of this item for that very purpose. Further, there is no evidence that Ms. Borne knew about—much less possessed—the USB that the Fourteenth Circuit held to be “a completed weapon.” The record shows she did not actually possess the item at the time of the arrest, nor did she know about its existence at all for that matter.

Read More
217 Words | 1 Pages

Facts: Police pull over a car with Joseph Pringle and two other people in the car, and Pringle was in the front seat of the car, when law enforcement officials search the car. Police officers discover in the car baggies of cocaine in the back seat of the car and $763 in the compartment up front. None of the three people in the car would confess to whom the drug belonged to and so all of them were arrested. When arriving at the police station Pringle admitted that the cocaine belong to him and then he was charged with intent to sell and possession of cocaine. Pringle then stated that there was no probable cause to arrest him, and the Maryland court system stated there was probable cause and proceed to convict him (Maryland v Pringle 540 U.S.

Read More
424 Words | 2 Pages

The State of New Jersey appealed with the U.S. Supreme Court. Legal Issue:  Does the Assistant Vice Principal have reasonable grounds to search the purse of T.L.O.? Holding: (6-3) The search was reasonable and the judgement of the Supreme Court of New Jersey is

Read More
1344 Words | 6 Pages

(Roach, 83). As previously mentioned, the mental element can’t be proven beyond a reasonable doubt, thus making Mr. Schoenborn a morally innocent person. Any other verdict would have violated this principle on which the legal administration is founded on

Read More
961 Words | 4 Pages

From simply the intermittent utilization of drugs by Aaron Hernandez down to the minute he submitted the murder of Odin Lloyd. It is clear that the utilization of pot and PCP brought on the litigant to lose control of what was going ahead around him and respond without being completely mindful of his

Read More
961 Words | 4 Pages

It confirms the already assumed. During the court trial, Dr. Jones was asked “From your conversations and examination of Perry Edward Smith, do you have an opinion as to whether he knew right from wrong at the time of the offense involved in this action?” (296). The doctor replies with a simple no. I strongly disagree what the doctor decides to reply. He claims he has no opinion because of Perry having no opinion.

Read More
852 Words | 4 Pages

On the 14th of October 2011, Mr Rayney had submitted an application for a trial which only involved a judge without a jury present. This was due Mr. Rayney assuming that a strong bias had been manifested pre-trial as a result of the subjective publicity revolving around the death of his wife, Corryn(The Conversation, 2012). Therefore, the jury and any member of the public would already have preconceived views in favour of Mr Rayney being guilty of murdering his wife. The trial was successful for Mr Rayney where he was acquitted of murdering his wife. Similarly, this issue is somewhat common as it had also occurred in the case Evans v The State of Western Australia [2011] WASCA 182, in which both appellants had made appeals after being convicted for murder.

Read More
1006 Words | 5 Pages

An Opening Your Honor, the opposing counsel, members of the jury, this case is about the unreliability of evidence and an insufficiency to meet the burden of proof that is required to convict Mr. Jones and Cut-Rate Liquor with a violation of Nita Liquor Commission Regulation 3.102. This case is to be decided on four issues: 1) Knowledge. Whether the Defendant, Mr. Jones and Cut-Rate Liquor, knew or ought to have known that the customer, Mr. Watkins, was intoxicated? 2) Sale.

Read More
1011 Words | 5 Pages

This is an important element when deciding who the best and worst jurors were. There were no facts as to who was right or wrong because we didn’t see the crime in question. All

Read More
472 Words | 2 Pages

He says “the state has not produced one iota of medical evidence.” This makes the jury think about how valid

Read More

More about Appellant Jewell Case Study

Related Topics

Open Document