Julian's Inadmissibility Case Study
Prior to the case of Gideon v. Wainwright, defendant Clarence Earl Gideon was charged with breaking and entering in the state of Florida. This crime is a felony according to Florida state law. Unable to pay for defense counsel, Gideon requested that the court grant him one for free. The court denied Gideon his request of being granted defense counsel. The court stated, “Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person charged with a capital offense.”
Kaelea Tullly Moran v. Burbine Case When detained by the Police in Cranston, Rhode Island for breaking and entering Brian Burine was immediately given his Miranda Rights and he denied his right to a lawyer. Though the entire process the piece seemed to have obtained evidence they Mr. Burbine had committed a murder in near by providence Rhode Island. He confessed to the breaking and entering and tot the murder when he waved his rights. Because Mr. Burbine’s sister knew he had an appointment with a certain lawyer she called his office but he specifically was not available but his partner was.
Facts: Earl Enmund along with a codefendant at the Florida Supreme Court, was convicted of first-degree murder and robbery as well as given the death penalty. Enmund was not present at the time of the murder, he was in the car waiting for the codefendant to return in order to escape. Under Florida law Enmund was made the aider and abettor meaning that he can be held to the same extent as the principal. Issue: Does the death sentence violate the Eighth and Fourteenth Amendment for someone who did not commit the murder but was the getaway driver? Reasoning:
In its third execution of 2022, Arizona executed Murray Hooper for a 1980 crime that was never analyzed using modern forensic methods. In the days preceding his execution, his attorneys continued to request DNA testing and pursued new claims of prosecutorial misconduct based on evidence not revealed until Hooper’s clemency hearing. All challenges to his conviction and death penalty have failed. In an investigative report published the day before Hooper’s scheduled execution, Liliana Segura of The Intercept reviewed the issues of race, misconduct, and innocence that have been central to Hooper’s legal challenges.
In 2013, the Supreme Court case Moncrieffe v. Holder refuses a Board of Immigration Appeals to removal from the United States of a lawful permanent resident based on a long term criminal conviction related to sole possession of small amounts of marijuana. The case finally made it all the way to the Supreme Court, which is considered a rather technical question of the interpretation of the U.S Immigration laws. Local police departments have long been accused of profiling Hispanic, African-Americans, and other minorities of race in law enforcement activities, including run of the mill traffic stop. Critics fear that immigration enforcement by state and local authorities will lead to increase of racism. Many Americans have shown concerns with the implementation of racist discrimination of the U.S immigration laws by state police agencies and local authorities.
The case of Gideon v. Wainwright was argued by the Supreme Court in 1963. This was a Fourteenth Amendment case, centered on the basic right of due process owed to all persons defined in the Constitution of the United States. The facts that contributed to the issue began on June 3rd, 1961. Clarence Earl Gideon was accused by an eyewitness of breaking, entering and committing petty larceny in the Bay Pool Hall in Panama City, Florida. Said eyewitness told the police officer on the scene that he saw Gideon in the pool hall around 5:30 am, and reported to observing Gideon for a time until seeing him come out of the pool hall with a pint of wine.
“He was charged under a Texas statute that prohibited desecration of a venerated object (including...a state or national flag).” In 1984, Gregory Lee Johnson burned the American flag as part of his demonstration against nuclear weapons. It started as an organized protest along the streets of Dallas, and ended up being an offensive act to witnesses of the scene. One could attempt to justify Gregory’s unlawful action as an expression of his First Amendment. However, as a justice on the US Supreme Court, I would have to agree with opinion B, because it appropriately supports the reason for Johnson’s conviction.
Upon re-entering the United States, Castro turned himself into the immigration authorities at the border crossing and requested asylum. Castro filed a petition for asylum on the basis of past persecution because of his sexual orientation and fear of future persecution and torture on the same account and his HIV-positive status. His past persecution claim was based on the sexual abuse he encountered as a child; Castro was teased, harassed, and raped
MILLERSBURG — Despite a plea for leniency expressed by the victim, a Sugarcreek man was unable to overcome a long history of criminal convictions and a bond violation when a Holmes County judge on Wednesday sentenced him to prison for making unwanted phone calls and threats to several members of a family over a period of months. David Lamar Schrock, 43, of 2578 State Route 39, previously pleaded guilty in Holmes County Common Pleas Court to two counts of telephone harassment and one count of menacing by stalking. In exchange for his guilty plea, the state agreed to dismiss two additional counts of telephone harassment and three counts of menacing by stalking. The charges are made more serious because Schrock was convicted, in January 2016,
The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.
In 1963, the case of Gideon V. Wainwright was presented to the Supreme Court. The case focused on Clarence Gideon, a drifter who was accused of robbing and vandalizing a pool hall in Florida. No witnesses could definitively confirm that Gideon committed the crime but, they could place him in that area near the time of that the robbery occurred. After Gideon was arrested and put on trial, he asked for an attorney because he could not afford one. The judge denied his request because Florida, at the time, did not provide attorneys for those who could not afford it unless, it was a capital crime.
Title: Mendez v. Westminster (1946) Abstract: The Mendez v. Westminster (1946) was the stepping stone to ending school segregation in California. The lawsuit was led by Gonzalo Mendez and five other parents who were denied enrollment of their children in an Anglo school. This led them to protest and then file a class-action lawsuit against the Westminster School District of Orange County California. Accusing them of segregating Mexican and Latin decent students.
Due to a recent repeal of the DACA (Deferred Action for Childhood Arrival), a family is left wondering whether it is going to remain together or be separated. Domingo Gonzales, a man who illegally arrived in the United States at a young age, was accepted into the DACA program on his second arrival into the US. This program allows individuals who entered the US as a minor (illegally) to receive a two-year delay of deportation and a work-permit. Now that the DACA has be repealed, Gonzales’ wife, Flor Torres and three children (one on the way) do not know what is going to happen to their husband/father. Others like Gonzalez can apply for a two-year extension if a deadline is met.
Marbury v. Madison The most important trial in the history of the United States is the case of Marbury v. Madison, in which judge John Marshall that stated the Supreme Court of the United States and the other five judges of this Court decided that they had the power to review laws made by the representatives of the population and of the States in the Congress of the union, and they also had the power to nullify these laws if in his opinion were contrary to the Constitution. The Supreme Court is the only court established by the Constitution of the United States; all the others have been created by Congress. Furthermore, The Court possesses the power of judicial review and the power of declare unconstitutional federal or State laws and
Khalil Meghjee Mr. Steiner ENG 1D1f June 13, 2018 Horrors of Nuclear War/Accidents: Connect the Novel To Real Events The Chrysalids, by John Wyndham connects the horrors of nuclear weapons in the story to the truth of them in real life. There are 3 main connections between the novel and real nuclear events, these are the effect on the land and the environment, effect on people, and the cause being power. These 3 topics can be seen throughout the novel as well as in real life.
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