A. 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.
Reverend Yun was acting in her professional capacity throughout her conversation with Ms. Borzoi. A clergy person is operating in their professional capacity when they are serving in the broadest sense of their role as a provider of spiritual care, guidance or consolation to the individual making the communication. Ex parte Zoghby, 958 So. 2d 314, 322 (Ala. 2006). Tankersley v. State, 724 So. 2d 557 (Ala. Crim. App. 1998). State v. Boling, 806 S.W.2d 202 (Tenn. Crim. App. 1990). In Ex parte Zoghby, Archbishop of the church had dual roles as both administrator and priest. Ex parte
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Borzoi. Unlike the Archbishop in Ex Parte Zoghby, Reverend Yun’s conversation was not wholly secular. Instead, Reverend Yun addressed the spiritual matter of supporting members of the church through their temptation. The court in Tankersley stated that Rule 505 broadened the scope beyond communications that were confessional or martial in nature. Similar to the defendant in Tankersley, Ms. Borzoi often confided in Reverend Yun about personal and spiritual matters. However, this case is different from Tankersley because Ms. Borzoi was not discussing a violent crime. Furthermore, Reverend Yun and Ms. Borzoi had an on-going counseling relationship as required by the court in Boling. Her visit to Reverend Yun’s office was no different than those previous times where Reverend Yun provided her counsel for addressing her fear of making people upset with her. Also similar to the defendant in Boling, Ms. Borzoi valued Reverend Yun’s advice and perspective and wanted help in the progress of overcoming this fear. The conversation between Reverend Yun and Ms. Borzoi was also informal (as the conversation was between the clergy member and the defendant in Boling). However, since the content of their conversation involved spiritual advice and counseling, the conversation was within Reverend Yun’s professional capacity. Reverend Yun gave Ms. Borzoi spiritual advice on supporting all …show more content…
Borzoi and Reverend Yun have an ongoing counseling relationship. The conversation that took place in December of 2012 was no different from any counseling conversation that took place before. Reverend Yun offered guidance and care to Ms. Borzoi regarding her character flaw and encouraging her to give her support to members of BMCC. Ms. Borzoi made it clear that she wanted the conversation to remain confidential by requesting Reverend Yun’s confidence on the matter and shutting the door. As the senior pastor of BMCC, Reverend Yun has a duty to retain the confidences of her congregants and under Rule 505 she has the right to assert this duty. Therefore, Reverend Yun claims privilege under Rule 505 and the court should strike Plaintiff’s Motion to Compel Exhibit C and deny the Plaintiff’s Motion to Compel Reverend
Although Etzewieler allegedly knew Bailey was intoxicated, he still allowed Bailey to use his vehicle while he
The Police of Harris County was informed of a weapons disturbance in a private residency. The officers found two individuals of the same sex engaging in sexual, (sodomy), behavior. However, the way the police officers enter the premises, was not at all questioned.
Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse
Whether Gregory Johnson burning of the American Flag is considered expressive speech thus allowing him to challenge his conviction under the First Amendment freedom of speech.
The first case was Kent v. United States (1966) and it initiated a wave of cases that had the effect of reforming juvenile courts. The case involved Morris Kent, a resident of the District of Columbia, who was 16 when he was arrested and detained for a number of charges, including "housebreaking," robbery and rape (Kent v. United States, 383 US 541, 1966). Kent was summarily transferred to an adult court to be tried, not as a juvenile, but as an adult. Kent’s attorney argued that the procedure employed by legal authorities was unjust – specifically with the way he was remanded to a higher court without prior warning. This case was appealed up to the U.S. Supreme Court, which elected to hear the case in 1966. After hearing oral arguments, the
Do you swear to well and truly interpret these proceedings, so help you God. Jury: I do. Fran Festertester: Are both sides ready?
I think with every law, legislature needs to give a guidelines for the courts to follow. They need to set the laws for law enforcement to follow and the courts to enforce. I do not necessarily think they need to get involved in every single case of homicide. With the case of State v Olson, they were involved because the defendant, Duane Olson felt he should not be convicted of first degree manslaughter. Duane Olson was arrested for killing his 6 month old son by shaking baby syndrome. The child was taken to the hospital and put on life support due to brain damage. The child was taken off life support and eventually died. The autopsy disclosed cerebral swelling with bilateral subdural hematomas (State v Olson, 1989). Duane Olson felt that his
Frederick filed a lawsuit claiming that his First Amendment rights had been violated by not only Principal Morse, but also by the school board who had upheld his suspension. The Federal District Court heard the case and ordered a Summary Judgement, in favor of Morse et al. The Summary Judgement explained that Morse et al. were entitled to qualified immunity in their capacity as principal and school
On June 25, 2015 the Supreme Court ruled to maintain health law subsidies. The petitioners disputed the legitimacy of premium and cost sharing subsidies for all low- and middle-income citizens. However, the purchasing of health insurance policies in 34 states where the federal government instead of the state is operating an insurance marketplace established through the Affordable Care Act system (Smith, 2015).
The case of Kent V. United States is a historical case in the United States. The Kent case helped lead the way in the development of a list of eight criteria and principles. This creation of these criteria and principle has helped protect the offender and public for more than forty-five years. Which as a reason has forever changed the process of waving a juvenile into the adult system (Find Law, 2014).
He people groups in their marriage as a marriage instructor and he additionally fills in as a specialist to individuals secretly or through his Sunday benefit. He gives a word of wisdom about existence circumstances through the expression of God. He demonstrates his best sides, he never is by all accounts in a terrible state of mind, he is continually grinning and extremely cheerful to see you when he is welcomed by you. He makes himself extremely accessible to individuals who require him. Minister Glenn Seals is a neighborly man who you can converse with at whatever time. Minister Perry love's being steady and accommodating in offering and to priest to the individuals who are without. He set up a program in peopling monetarily, peopling turn into a decent Steward over their funds, peopling discovers homes for vagrants, peopling land positions and peopling through extreme ordinary difficulties through life. He is exceptionally open to individuals moving toward him outside of work at whatever time to get
The case of Elizabeth Bouvia v. Superior Court is a well-known case in the patient’s right to refuse treatment. Elizabeth Bouvia was born with cerebral palsy, which worsened, as she grew older and subsequently caused her to become a quadriplegic. She additionally developed severe degenerative arthritis that caused her to be in continuous unbearable pain. At the age of twenty-eight her condition had worsened to the point that she was said to be bed ridden and completely dependent on others for her activities of daily living. Although she had many physical challenges she was a
The Fourth Amendment protects the police from gaining exorbitant power. However, in Florida v. Bostick and Ohio v. Robinette, the Supreme Court granted the police disproportionate power by granting them the right to conduct warrantless seizures and searches without reason. The rulings of both cases were in emulation of the Fourth Amendment rights.
Question 1: What principles of supportive communication and supportive listening are violated in this case?
On a simultaneous note, some other countries and cultures might associate itself with thought of an expected professional/unprofessional boundary for a woman. In this case, the question that might arise would be “if female pastors have to be cautious of their gender, social, ethical, moral, professional and, theological realities related with it, asking “does ministry for women not become a challenge?” Having stated that, the same question can be asked for people who associate themselves with any gender or sexual orientation. And, if that is the case, then does the main responsibility not lie with any pastor to think, act and decide using one’s discernment, and also respect the standards that have been set for him or her in the phase of