Case Brief State V Kelbel JS 143 Essay

The right to a speedy trial is considered an essential part of the due process applicable against the states because of the decision in the case of Klopfer v. North Carolina (1967) and ultimately the inclusion of it within the fourteenth amendment, that was granted by the doctrine of selective incorporation. In this particular case, the defendant Klopfer appealed to the supreme court because his trial had been postponed to be brought up again in the future when desired. Klopfer claimed that the right to a speedy trial, granted by the Sixth Amendment, should be pertinent to a state’s criminal prosecution due to the Due Process Clause of the Fourteenth Amendment (Ingram, 2009). The case was examined by the supreme court who ruled that the right to a speedy trial is a crucial basic right, just as the other rights guaranteed by the Sixth Amendment, that has been around for a very long time (Steinberg, 1975).

New Jersey v. T.L.O, a supreme court case that took the stands in 1985, involved a fourteen year old freshman in highschool and a New Jersey public high school in which the minor attended. The minor by which public record only shows her by her initials T.L.O, was caught smoking cigarettes with another student in her high school’s bathroom during the school day. This act of smoking in the bathroom was against school policy as it was only seen fit to smoke in the school’s designated smoking areas. This court case was used to argue students rights in searches in public schools.

On December 4, 2000, two-year-old Kailyn Marie Montgomery died in her home due to severe bodily injury while under the care of Kyle John Kelbel. Kelbel was arrested at the scene and questioned several times. The jury found Kelbel guilty of past pattern of child abuse, first degree murder, and second-degree murder. On July 23, Kelbel filed a motion for acquittal and for a new trial; he claims that the evidence was insufficient to support his conviction and much less to support that he committed a past pattern of child abuse against Kailyn. Kelbel argues that the district court failed to instruct the jury that they must find him guilty beyond a reasonable doubt.

In the case of Kyllo v. United States, I believe that the federal government did not exceed boundaries set by the Fourth Amendment. Conducting basic surveillance of the home with a basic thermal imager, Kyllo’s illegal activities were inferred using common patterns associated with indoor marijuana growth, and this information was used to obtain a search warrant. Although agents used extrasensory technology to view the normally invisible heat radiating from the home, their actions did not infringe upon Kyllo’s rights. All of the information used in obtaining the search warrant was gained from the exterior of the house, not through an unconstitutional search. However unorthodox the methods may have been, they did not constitute a violation.

* This was the first eminent domain case since Midkiff to reach the Supreme Court.

On past occasions, the Supreme Court Justices have upheld takings that ultimately resulted in a private party possessing the land. This has occurred, for example, to allow the development of a plot of land that holds future benefits to the local economy, and in instances of urban renewal, where a new neighborhood goes up in place of an old and blighted one. The court case Kelo v. City of New London was appealed to the Supreme Court of the United States from a decision by the Supreme Court of Connecticut in favor of the City of New London to heed its future economic development plans. The leading plaintiff Susette Kelo, sued the city in Connecticut courts, arguing that the city had misused its power of eminent domain. The Supreme Court ruled

In the case State v. Ellis, Central State University RA discovered marijuana in the defendant’s dorm room while they were conducting an authorized, unannounced safety inspection. Campus police officers were then 19 notified and went to the room.While the campus police did not participate in the search, they were present in the room at the resident assistants’ invitation. The Ellis court concluded that the seizure of the marijuana was unconstitutional. It found that while the resident assistants’ search was authorized under the university’s policies and procedures, the later police entry into the room was unlawful because it was made without a warrant, consent, or exigent circumstances. This case would be beneficial to Deary Jones because it

Rev. Yun offered advice and discussed spiritual matters with Ms. Borzoi; therefore, Rev. Yun was acting in her professional capacity as a senior pastor at BMCC.

In recent years, there has been an attack on a basic American right, a right so fundamental and deeply rooted that it defines the basis of American culture. With the ever growing and sweeping power of the U.S. government, society is beginning to feel like this right has been crushed and forgotten. Wars were fought and people sacrificed their lives in the name of protecting the right worth dying for. What defined one’s livelihood, gave one a personhood, ensured democracy, promoted labor, and maximizes the happiness of the people will all come crumbling down. What was once an indicator of the elite leaders of a democratic society has become nothing more than a pawn in a political game.

Kusmider was arrested and the case went to trial. The jury found Kusmider guilty of second degree murder. A pathologist during the trial testified that the victim did die from the gunshot wound, but that the injury might have been survivable. This was enough for Kusmider to request from the judge to present evidence on the proximate cause. Kusmider claimed if the paramedics had

As the lawyer for the development, my constitutional and public policy arguments would be to enlighten the resident in the small town on the number of jobs coming to the area, the economic growth to the town and the economy. I would also educate the residents on the laws that govern land use, the taking of property for public use, and compensating residents for the taking of their property. Moreover, I would educate the residents on the government’s authority to obtain control of private property, known as eminent domain. The taking clause of the Fifth Amendment has become a conflict on persons opposed to public restrictions on property, especially laws regulating land use.

An Examination of the Anita Knutson Case: An Evidence Based Approach Background On a Friday night in the summer of 2007, 18-year-old Anita Mae Knutson spoke with her sister, Anna, over the phone. Anita was at a friend’s house and was planning to deposit her rent money at the bank as soon as she left. That was the last time anyone talked to Anita. She didn’t show up to work the next day and she didn’t talk to her parents, something that was very out of character for Knutson.

Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent as well as drugs laying out without having to look anywhere. later the police found more drugs and paraphernalia doing a more in-depth search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent

On 4/26/2018, Hennepin County Child Protection accepted a report alleged-Inadequate supervision of Malachi Lee and Jayden Lee by Mother Melissa Johnson. Also, Physical Abuse of Jayden Lee by Unknown Offender. Per reporter on 4-25-2018, Jayden was taken to Midwest Children's Resource Center after he reportedly fell off the bed. Per reporter after been seen by the physical, it was determined that Jayden had fractured his femur. Per reporter when asked what happened, Melissa stated that she had left Malachi and Jayden on her bed and was not in the room when she heard the children hit the floor. Per reporter when she got in she found Malachi on top of Jayden. Per reporter after Jayden continued to cry

When Kolstad went into trial, the District Court denied her request for punitive damages (intent to reform the defendant and others from beginning a demeanor alike the demeanor in which started the lawsuit. ) The court remanded (placed the defendant on bail or into custody) Kolstad’s case for resumed consideration of her employer’s thoughts during the supposed violations.