Appeal and Appellate Court Decision Essay

976 Words Jun 19th, 2011 4 Pages
Capstone Case Briefs

U. S. v. Thomas
Citation: United States v. Thomas, 34 F.3d 44 (2nd Cir. 1994)
Summary of Facts:
Wallie Howard was a Syracuse police officer who was shot and killed during a cocaine bust. Luther Gregory was Wallie Howard’s confidential informant. Davidson was the head supplier of the cocaine conspiracy. Parke was the chief lieutenant of Wallie Howard also the deliveryman for Davidson. Parke and Morales (Davidson’s deliverymen) frequently delivered cocaine to customers. Lawrence was a cocaine seller in one of the conspiracy drug apartments and was the muscles in the operation. Stewart had dealt cocaine in the past and he owed the group some money and needed to pay off his debt.
Case History:
On October
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The jury found the respondent guilty on both counts, and the

respondent was sentenced to eighty four years in prison.

Case History:

The Supreme Court of Montana reversed his sentence. It reasoned: (1) that respondent

“had a due process right to present and have considered by the jury all relevant evidence to rebut

the State’s evidence on all elements of the offense charged. . .,” and (2) that evidence of

respondent’s voluntary intoxication was clear[ly]. . . relevant to the issue of whether [respondent]

acted knowingly and purposely. . .” Sections 45-2-203 did not allow the jury to consider that

evidence with regard to the issue. The Supreme Court believed the respondent was denied due

process.

Legal Issue(s) on appeal:
The issue before the court is whether or not the respondent should be tried even though

he was drunk the night he shot and killed two people. The respondent did not remember killing

two people on the night of July 12, because he was highly intoxicated and could not remember

anything the night he killed two people

Appellate Court Decision:

The issue before the court is whether or not the respondent should be tried even though

he was drunk the night he shot and killed two people. The respondent did not remember killing

two people on the night of July 12, because he was highly intoxicated and could not remember

anything the night he killed two…