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On April 3, 2015, Tammy Cleveland sued Gregory C. Perry, a doctor at Buffalo General and Kaleida Health the company that owns both hospitals involved in the death of her husband, Michael Cleveland. Tammy is accusing them of “negligent” care resulting in her husband’s death. The law suit claims that the “defendants’ alleged actions and/or inactions were morally culpable, actuated by evil and reprehensible motives, malicious, reckless, gross, wanton and/or in reckless disregard for her husband’s rights and her family’s rights.” (Dudzik, 2015) The defendants are contesting the case. Michael Cleveland had a heart attack on October 10, 2014, and was transported to the emergency room of DeGraff Memorial Hospital.
Parties: Ted Chimel (Plaintiff) v. The State of California (Defendant) Facts: The Police Officers arrived at the Plaintiff’s house with an arrest warrant for the alleged crime he had committed. The Plaintiff was not at home and his spouse let them in until Chimel return. Upon the Plaintiff entering the house, the police arrested him and request permission to search the house. The Plaintiff denied the request to search the house, but the police officers proceeded to search the house.
Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
Mr. Williams was arrested for abducting a ten-year-old girl in Des Moines, Iowa. Prior to the kidnapping, Williams had recently escaped from a mental hospital. Williams called a Des Moines lawyer and informed him that he’d like to turn himself in. The lawyer advised Williams that he would represent him as soon as he got back to Des Moines, however, while he was in Davenport he would call a lawyer he knew to represent him for the time being. He then advised Williams to turn himself in to the Davenport police.
Michigan vs. Bay Mills is a recent case that was decided by the Supreme Court in 2013. I chose to research this case for my judicial process class because I found it interesting. It is interesting because I do not know much about the United States federal government, states and Native American tribe’s current relationship. I have always thought that Native Americans act on their own government system with no interference from the United States almost like they are a separate country/ nation just residing within the United States. However, after researching the Michigan vs. Bay Mills court case I now understand that its relationship is more complex.
Mississippi v. Johnson 71 U.S. (4 Wall) 475 (1867) Facts A case involving After the civil war, Congress passed the Reconstructions Acts of 1867. President Johnson vetoes the legislation, but congress overrode his veto and the acts became federal law. In response, Mississippi sued President Johnson asking for an injunction to prohibit him from enforcing the laws. Mississippi argued that the president should not be and is not above the law.
Terry v. Ohio was not much of a controversial case to many but I believe that John Terry had been wrongly accused and his right were protected by the 4th amendment that mentions unreasonable search and seizure. In 1968 detective Mcfadden had been observing 3 men that he believed were involved in robbing a bank. He proceeded to stop the men and pat them down (already violating the men's rights protected in the 4th amendment). Terry was one of the two men that was found with a concealed carry. The justices voted on the case 8-1 in the favor of the state of Ohio.
Although current law does not distinctly define TBIs according to mens rea or diminished capacity, a possible defense that may appropriately be applied to criminal cases is the law as it relates to mitigating circumstances in sentencing. The Florida case of Cooper v. State (1999) is just one of very few cases in the country that seemingly acknowledges the fact that recurrent or traumatic head injuries may be a mitigating factor to criminal behavior. The defendant, Albert Cooper, was arrested and charged with first-degree murder, armed robbery with a firearm, and armed burglary with a firearm after him and his partner, Tivan Johnson, killed the owner of a local pawnshop, Charles Barker, after robbing the location on May 25, 1991. The court ultimately found Mr. Cooper guilty as charged, which made him eligible to receive
State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.
The case that Stephen G. Breyer that he was really active in was United States v. Lopez. This case a twelfth grader bring a gun to school. “[He was] charged under Texas law with possession of a firearm on school premises.” (Tobin 96) The state’s charges were dropped when federal agents accused him of breaking the Gun-Free School Zone Act of 1990. The Boy ended up getting probation.
On November 13, 1963, 17-year-old African American Henry Montgomery shot and killed a Caucasian Sheriff Deputy named Charles Hurt in a park in Baton Rouge, Louisiana. This came to be known as Montgomery v. Louisiana. At Montgomery’s trial, a jury convicted him of murder and he was sentenced to death. In January 1966, the Louisiana Supreme Court annulled this ruling after finding that Montgomery did not receive a fair trial due to public prejudice. The jury then returned a verdict of “guilty without capital punishment” which is an automatic sentence of life without the possibility of parole (Montgomery).
1) Name and citation of case (5%) Payne v. Tennessee, 501 U.S. 808 (1991) 2) Judicial history (5%) Payne was the defendant, who was convicted by the trial court. Payne was convicted for two counts of first degree murder and one count for assault in the first degree of attempted murder. Payne was sentenced to death. Payne appealed the sentence to the Supreme Court of Tennessee.
America’s founders created the constitution in order to create unification and order in the United States. However, there have been controversy surrounding the interpretation of the constitution, this has caused debate over many issues within the country. These issues and the lack of wartime policy within the constitution directly lead to the Civil War, which was one of the worst alterations this nation has faced. The Missouri compromise, the Dred Scott decision, and Bleeding Kansas were controversial issues surrounding the constitution that directly lead to the Civil War.
The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.
After the Supreme Court was established in 1789, only men were allowed to serve as a justice. It took another 192 years for women to be able to serve. The first woman to break the dry spell was Sandra Day O’Connor. Sandra was appointed to become the first woman Supreme Court Justice in 1981 by President Reagan. She voiced her opinion in many cases involving women’s rights, gender and racial discrimination, and cases involving schools.
