Boston Judge Scott Kafker A chief justice with the Appeals Court of Massachusetts, Scott Kafker has lead court operations with statewide jurisdiction over all civil and criminal appeals, with the exception of first-degree murder cases, since 2015. The governor of the State of Massachusetts, Charles L Baker, appointed him to this position in July of 2015. Scott Kafker previously served 14 years as an associate justice after accepting an appointment by former Massachusetts governor Argeo P Cellucci. Over the course of Mr. Kafker’s career with the Massachusetts Appeals Court, he has authored approximately 1000 official decisions. Other state supreme and federal courts have cited these decisions in subsequent verdicts. Scott Kafker’s areas of
Justices Anthony Kennedy, John Roberts, Clarence Thomas, Stephen Breyer, and Samuel Alito made up the majority of the court with the opinion founded upon the assertion that DNA testing is a comparable method of identification to fingerprinting and photographing arrestees. Justice Anthony Kennedy, wrote the opinion of the court, “sits at the court’s ideological center and joins the court’s four-member liberal wing about a third of the time when it divides along partisan lines.” As a Republican, this makes him stand out as he actively resisted the kind of political polarization faced by the court. Kennedy’s swing vote is important in the consideration of our formal and informal actors in the courts decision as he, and the other justices, are considered the formal actors.
Jack Boger, then director of LDF’s Capital Punishment Project, argued the case before the Supreme Court on Mr. McCleskey’s behalf. Joining him on the briefs were Julius Chambers, James Nabrit III, Anthony G. Amsterdam,
It is stated that “the problem is that Justice Anthony M. Kennedy, who wrote the majority opinion in the DOMA case, did not explicitly address the constitutionality of laws against same-sex marriage, even as he eloquently condemned Congress for demeaning married same-sex couples” (Los Angeles Times). To determine why it is taking so long for the justices to stop prolonging the issue, the article looks at the evidence of how information has not been completely addressed. It is clear that the higher courts have yet to finalize a decision on same-sex marriage. Court observers hypothesized that justices wanted the ruling of same-sex marriage to go to the lower courts because the process is proving will prolong for years until a final decision is made. However, “the speed with which lawyers and lower-court judges are pressing the issue suggests that the justices will have to confront it sooner rather than later” (Los Angeles Times). This is a representation of the definition of a forensic argument, to look at the actions of the past to determine the present.
Kennedy was appointed as a conservative but has become the key ‘swing’ justice- in Hall vs Florida he sided with the liberals in rejecting Florida’s strict IQ cut-off to decide if mentally disabled people could be executed.
This assignment is meant to explore the landmark Supreme Court decision Mapp v. Ohio. It is the purpose of the essay to examine the facts of the controversy, the arguments offered by the petitioner, and discuss as well the Supreme Court's ruling and its possible impact on precedent. The analysis will conclude with my commentary and opinion in regard to the Mapp decision.
In 2008, Patrick Kennedy was ruled guilty of raping and causing serious internal damage to his eight-year-old stepdaughter and was sentenced to death by a Louisiana court. The court sentenced death, saying that although the U.S. Supreme Court would not allow the death sentence for the rape of a woman, that did not apply if the victim was a child. The Louisiana Supreme Court argued that because five other states had similar laws, they could punish Kennedy with death. Kennedy brought the case to the U.S. Supreme Court, arguing that the way five states interpreted the Eighth Amendment is not a “national consensus” and Coker v. Virginia should apply to all rapes. The Supreme Court ruled (5-4), that yes, the Eighth Amendment does not allow the death penalty for rape if the crime did not result in and was not intended
Robert G. Simmons is arguably one of the most experienced and intelligent judges Nebraska has ever had on its Supreme Court. With a diversified portfolio, Simmons earned his position as NE Chief Justice. Coming from a family built upon hard-work, Robert is a prime example of some of the better opportunities that awaited western migrants and their families. Robert Simmons’ Midwestern ideals helped him become a hard-working individual who emphasized the fundamental understanding of efficient government structure, and who also encouraged civic duties, values and responsibilities under the philosophy of law, religion, and freedom for future generations. He knew the state well and sought to ensure that it had a say in national
Kerry Cook was a wrongfully convicted man who wrongly served twenty years in Texas's scandalous prison for the murder and rape of a twenty-one-year-old women named Linda Jo Edwards. His fight for release was said to be one of the worst demonstrations of police and prosecutorial misconduct in American history. He was tossed into a place for which no man could be assembled, and he sustained himself through beatings, molestation, and discouragement, however, he continued to fight against a justice system that wanted to control his voice and resisting to admit an error. During his twenty-year tenure, Cook went to the process of rehabilitation and education which helped him eventually regain his voice that the justice system tried to take from him.
(Davie, Florida) Richard Celler, a founding member and managing partner of Celler Legal P.A. (http://www.floridaovertimelawyer.com/ ), filed a lawsuit complaint in court on February 4, 2016 against Universal Studies. This complaint was filed on behalf of an employee who was wrongfully terminated for legally storing a gun in a car in the parking lot, as the employee possesses a concealed carry license in the state. The firearm possession was lawful pursuant to Florida Statutes, thus the plaintiff now seeks damages in excess of $15,000. He worked as a ride maintenance technician, earning in excess of $30 an hour, and was terminated after reporting the theft of his weapon as required by law.
In the past fifty years, the American system of criminal justice has undergone a number of critical changes involving policing, the courts and corrections. Landmark Supreme Court rulings, such as Miranda v. Arizona, and Mapp v. Ohio have shaped the way that law enforcement, as well as our courts, deal with individuals accused of committing crimes (Marion and Oliver, 2006).
This article relates to our most recent chapter on the Supreme Court. In this certain case A man accused of murder almost 30 years ago was having his final hearing in the Supreme Court. The Majority Opinion ruled in favor of him being executed. A majority opinion is one where the most justices vote for one side of the case. The concurring opinion was held by Chief Justice Stephen Breyer who only voted in favor for the death penalty due to the fact the he held the courtesy fifth. A concurring opinion is a reasoning a justice agreed with the majority but for different reasons. A courtesy fifth is the
In the 1803 court case of Marbury v. Madison, questions of jurisdictional authority were addressed. At the end of John Adam’s term, William
As the founding attorney of Schreiber/Cohen, LLC, in Salem, New Hampshire, Jeffrey A. Schreiber devotes his legal practice to creditor debtor rights for businesses, business litigation and matters related to business and corporate law. He primarily represents clients in Salem or the surrounding area. The cases that Mr. Schreiber accepts typically involve matters such as consumer and commercial collections, crisis management and commercial bankruptcy* or reorganization. He has been rated AV-Preeminent** by Martindale-Hubbell, [1] and he has been named a top-rated lawyer by both The Boston Globe and The American Lawyer.
Synthesis- Smith and Hicock both received the death penalty even though the M’Naghten rule proves they should not have; the use of Capital Punishment in Kansas was reviewed due to this case because of their
Although the data was large and it was collected from 14 states, yet, this data does not qualify to be implemented throughout the states. The demographic variables, compositions of jury, nature of cases, and other such factors do not make this data a necessary fit at all levels. There is no doubt that nearly 700 variables were considered for this data set and the possibility of human error to process such a large data can never be ruled out. Devine and Kelly (2015) studied selected variables so this selection could have affected the results as few closely related variables might have been ignored in the