In the Case of Missouri v. Seibert, a mother named Patrice Seibert was convicted of second degree murder. Patrice Seibert had a son named Jonathan who was twelve years old and had cerebral palsy. Jonathan Seibert suddenly died in his sleep, and his mother thought that she would be held responsible for his sudden death. Ms. Seibert then devised a plan with her two older sons and their friends. She wanted to cover up the death of Jonathan, so she conspired with her sons and their friends to cover up the death by burning down their mobile home. Donald Rector was a mentally ill individual who stayed with the Seibert’s and later died as the home went up in flames. Several days later, Seibert was taken into the police station and questioned about the mysterious mobile home fire. While being interrogated, the officer waved Ms. Seibert’s Miranda rights. She was questioned for thirty to forty minutes before she was given a break. While being questioned, the officer hoped that Ms. Seibert would voluntarily confess to the crimes that had taken place. After her break, she was then questioned a second time. This time, the officer turned on a recorder and then read Ms. Seibert her Miranda Warnings, and the officer also obtained a signed waiver of rights from Seibert.
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.
Following the termination of the Colorado State University women’s varsity softball team on June 1, 1992; plaintiffs sought reinstatement on the basis of a Title IX violation ("Roberts v. Colorado State University, 814 F. Supp. 1507 (D. Colo. 1993) :: Justia," 1993). The girls found terminating their sports team to be unjust. The plaintiffs argued financial difficulties and lack of participation and support for the boy’s baseball team did not warrant termination of the softball program. They also argued getting recruited to play Division I level softball afforded them a better chance at improving their future. Most girls had a substantial amount of scholarship money that helped them afford college ("Roberts v. Colorado State University, 814
In case 2 of 15, the plaintiff, Edward Roberts, alleged discrimination based on color. This allegation falls under the Civil Rights Act of 1964 Title VII. “Title VII prohibits discrimination in employment based on race, color, religion, sex and national origin” (Mello, J. A. 2015). The courts will have to decide whether the defendant, the trucking company, discriminated against Mr. Roberts based on his color. As presiding judge in the case, I would rule on Mr. Roberts’ behalf. The facts of the cases state Mr. Roberts came “in person on March 31, 2005” to apply, which clearly states his color was observed as he put in the application. Mr. Roberts experience was sufficient because he listed 22 months of prior experience as a road driver.
Supreme Court Case Happy Villa May 19, 2014 Loanan Ase In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because
3. Facts of the Case: A 27year old African American man pled guilty and was convicted on five counts of common law burglary. He was sentenced to death in accordance with Alabama state law. The prosecution presented the eyewitness accounts of the events and the petitioner did not testify. The defendant did not testify on his behalf, nor did counsel present his case. The judge accepted the guilty plea without any confirmation from the defendant concerning his voluntariness of his guilty plea or its consequences.
Wabash v Illinois In 1886 the US Supreme Court declared that states could not regulate commerce that went beyond their boundaries in the Wabash, St. Louis and Pacific R.R. versus Illinois case. The decision provided the basis for the formation of the Interstate Commerce Commission in 1887. The Interstate Commerce
Titles and Citation: Kelley v. Board of Trustees of the University of Illinois, 1993 Facts: Members of the University of Illinois’s men’s swim team filed a lawsuit in 1993 claiming that the school was discriminating against them by cutting their team and not the women’s swim team. The members claimed that this decision was in violation of Title IX, a law that prohibited discrimination on the basis of gender, along with the equal protection clause of the Fourteenth Amendment. The University of Illinois made the decision to cut the men’s swim team due to budgetary limitations. Along with the men’s swim team, the men’s diving, men’s fencing, and women’s diving team were also cut for the same reason. There were many instances previous to this case where female athletes have filed lawsuits claiming that they were being discriminated against, and that the institution was in violation of
The 8th amendment states, “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Which brings me to the case of Thompson vs. Oklahoma. The debate is on whether or not capital punishment should be given to minors. On one hand, some may argue that Thompson should have been charged with capital punishment because “his acts were heinous and cruel” (Pearson Prentice Hall: n.d.). On the other hand, others such as Oklahoma argue that it is a violation of the 8th amendment under “cruel and unusual punishment.” This creates the argument of Thompson vs. Oklahoma.
The following case analysis seeks to examine the Supreme Court’s decisions in Racine v. Woods,  2 S.C.R. 173, in regard to the legal questions, basis of reasoning, as well as the cultural implications.
The case of Kusmider v. State, 688 P.2d 957 (Alaska App. 1984), was a state appeal’s court case that addressed the chain of causation for a murder, which had occurred, and the actions of the trial court judge (Brody & Acker, 2010). In this case, the appellant, Kusmider, appealed his conviction for second degree murder, based on the fact that the trial judge did not let him introduce evidence, which may have shown that the victim may have survived his wounds, if not for the actions of the paramedics.
In the case of the State of North Carolina v. Lester Gerard Packingham, the question of whether a state can restrict sex offender’s from being on social media sites without restricting their constitutional rights is played out. Lester Packingham is a registered sex offender who was caught having a Facebook website profile even though it is against North Carolina state law. This paper will explore the constitutionality of N.C. Gen Stat. § 14–202.5 (2011) and will analyze the legal opinions of this case from both the Court of Appeals of North Carolina and Supreme Court of North Carolina and make an educated decision on whether the Supreme Court of North Carolina’s decision should be upheld or reversed.
Kulbicki’s file stayed in the state court until 2006, when Kulbicki added an additional claim that his defense attorneys did not adequately question the legitimacy of the ballistics evidence presented by the CBLA. Kulbucki lost in the state courts and then appealed to the Court of Appeals of Maryland. The Court of Appeals then vacated Kulbucki’s conviction based on the fact that Kulbucki’s attorneys did not question the legitimacy of the ballistics evidence, thus the defense attorneys did not provide Kulbucki with effective assistance during the trial. However, the Supreme Court of the United States held, in a per curiam opnion, that the Court of Appeals based the decision to vacate Kulbicki’s conviction on contemporary views of ballistic evidence. Since there was no reason for counsel to investigate the validity of the ballistic evidence in 1995, the attorneys provided effective assistance to Kulbicki because effective assistance did not require attorneys to verify the legitimacy of the ballistic evidence (Maryland v. Kulbicki, 136 S. Ct. 2
VIRGINIA V. ALLEN The Commonwealth of Virginia v. Allen (609 S.E.2d 4, Va. 2005) was a fascinating case. The case focused on two expert witness testifying for the state and the other for the defendant, and if they acted and behaved ethically during the proceedings. Successive information will be addressed to prove the thought process behind my opinion given in this case. The APA code of ethics and specialty guidelines will be used to support my reasoning. Furthermore, they will serve as a baseline of boundaries within the profession to determine the expert witness’ influences to the case as well as their behavior within the profession.
The Supreme Court ruled the case U.S. v. Park guilty of unsanitary conditions which violated the FDAC (Jennings, 2010). According to Open Jurist (n.d.), however, the Court of Appeals found Park not guilty, based on the case the U.S. v. Dotterweich. The reasoning behind the Court of Appeals concludes that although Park was the President and CEO of ACME Markets, Inc., he did not take part directly of the conditions from the employees (Jennings, 2010). Although, Mr. Park was the chief executive officer, the courts ruled due to the position, conviction cannot be based merely on that purpose alone (“Open Jurist,” n.d.). Mr. Park ultimately stated he did nothing wrong; therefore, the company faced litigations against the rodent infested warehouse