Certiorari to the Court of Criminal Appeals of Texas Essay examples

1. The first issue is whether the trial court erred in denying Greer's motion for summary judgment on the grounds that Mr. Austin's will contest was barred by T.C.A. § 32-4-108 (Supp. 1991).

Founders of the United States of America believed in providing the people of this great nation with a fair, and impartial judicial system. The basic rights of the people, which are listed in the Bill of Rights, needed to be respected and protected by the government. Abraham Lincoln once said “Government of the people, by the people, for the people, shall not perish from the Earth”. Every part of the United States government has a duty to protect the people that gave the government power, and one organization in particular plays a very large role in this charge. The Judicial System of the United States America is a complex organization constructed to uphold the authority of the Constitution, and federal law. The judges within the

In Texas, the Judicial system is made of up judges whose jurisdiction ranges from municipal, county, probate, district, and justice of the peace courts, each of which undergoes an election process, one which is the same for each judge, expect for the municipal. An advocate for another system, Wallace Jefferson, firmly believes that an appointment system should take place for all judges to assure that those who are put into a position are done so based off of merit and qualification. However, given the current system, judges, per say those who wish to serve on a district court, must adhere to these requirements. Judges must be a U.S. citizen, a resident of Texas, have been practicing law as a lawyer or state judge for at least four years, be between the ages of 25 and 75 and be a resident of their respective judicial district for two years, minimum.

The Trial Court had not allowed the instruction on affirmative defense of abandonment and renunciation. The Appeals court reversed and sent it back to trial, so that the instruction could be

Thus, the court determined that La. Rev. Stat. Ann. §§ 40:961, 40:962 could have no application in the prosecution of a person for the mere status or condition that might possibly arise unintentionally or involuntary. The court dismissed defendant's appeal of the judgment that revoked the suspension of two concurrent 10-year sentences for violating the conditions of his probation.

• After all procedural steps are complete you will be put into a holding cell, do

In the United States, 36 states participate in capital punishment in one or more of the five different forms, including lethal injection, electrocution, gas chambers, firing squad, and hanging (“Description of Execution”). After being banned in 1972, several states sought to bring back capital punishment by providing sentence guidelines for both jury and judges when deciding the fit case in which to impose death (“Introduction to the Death Penalty”). These guidelines proved the punishment was constitutional under the Eight Amendment, proving it wasn’t “cruel and unusual” punishment under the correct circumstances. Three procedural reforms were approved by the case Gregg vs. Georgia, including bifurcated trials (separating guilt and penalty phases of trial), automatic appellate reviews of court decisions, and proportionality review to help eliminate sentencing disparities (“Introduction to the Death Penalty”). Ever since these changes in 1976, the death penalty

In 1822, Stephen F. Austin established one of the first courts in Texas and appointed a provisional justice of peace. Since Texas was a part of Mexico at the time, the Mexican governor replaced the justice of peace with three elected officials. (Utexas) Soon after Independence, the republic of Texas under the 1836 Constitution, established a supreme court and allowed Congress to create inferior courts. Judges in such courts were to be elected by Congress. Counties, at the time, had County and Justice of Peace courts, whose judges were popularly elected. With the entrance of Texas into the Union and the adoption of numerous constitutions during the period, Texas retained a similar judicial structure. The current 1876 Constitution created a

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

In the case of Kennedy V. Louisiana Patrick Kennedy was found guilty in raping and sodomizing his eight-year-old stepdaughter in a Louisiana courtroom. Mr. Kennedy refused to plead guilty and stated the crime was committed by two young boys from the neighborhood. He was convicted sentenced to death 2003. On March 2nd 1988 the victim sustained severe injuries; the injuries required emergency surgery because the rape was so brutal. Louisiana law authorized capital punishment for the rape of a child twelve years and younger. Mr. Patrick Kennedy challenged his sentence under the eighteen amendments as cruel and unusual punishment. The Louisiana Supreme Court declined the challenged that the death penalty was not too harsh for such a wicked crime. In a Supreme Court decision Coker v. Georgia 1977 the United States Supreme Court concluded that capital punishment for rape of an adult women was not applicable if the victim is a child and if it did not result or contemplated in result of a death. The court discussed a number of Supreme Court case related to child vulnerability and the death penalty. In the case of Roper V. Simmons the court ruled that the death penalty could not be applied to a person if the crime was committed when they were under the age of eighteen. In another case, Atkins V. Virginia the death penalty could not be placed on a mentally ill person. The petitioner Kennedy argued that in all these cases they do not establish conformity.

Jefferson describes the elections of judges in Texas as “Broken”. That rings true because it seems that Texas is always shifting from one political party to another whenever the judges should be considered neutral. It is one thing for presidential and governor candidates to represent one party. They have specific laws that they want to put in place and most align with a specific party. However, the judiciary system should not have a political party attached to the candidates when it comes time for the civilians to vote. The judiciary should not be dominated by a political party because then it is not true justice. They will always have a specific side they would want to favor, however, there should be more of a balance. It’s completely over powering to have the masses elect judges when they have no knowledge of the candidate’s accomplishments. Overall, a decrease of people running for those spots would be easier for

A Texas court will likely find that Adam tortuously interfered with Blake’s contract with WP. Under Texas Law, the elements of tortious interference with an existing contract are: “(1) an existing contract subject to interference, (2) a willful and intentional act of interference with the contract, (3) that proximately caused the plaintiff 's injury, and (4) caused actual damages or loss.” Prudential Ins. Co. of Am. v. Fin. Review Servs., Inc., 29 S.W.3d 74, 77 (Tex. 2000). If the other associate can prove proximate causation and actual damages, then Blake’s tortious interference case will likely prevail in a Texas court since Blake’s contract was an existing contract subject to interference and that Adam’s interference had been willful and intentional.

Hello judges, jurors, and everyone else present in this court room today. My name is Dr. Alyssa Diaz and I am an expert witness. I was called here to testify on this court case. Also I am here to inform you how examining a piece of hair from a suspect from a crime can help to find out who actually did commit the crime. There are some basic things that people should know about hair.

This is case that faces Mary Barnett. The issue in this case is that On January 23, the litigant, Mary Barnett, left Chicago to visit her life partner in San Francisco having left her six-month-old little girl, Alison, unattended in the apartment. Mary Barnett returned home a week later to find that her child had died of dehydration. She called the police and at first, to let them know that she had left her kid with a baby sitter. She later expressed that she had left the child and she didn 't mean to return, and that she knew Alison would die in a day or two. She has been accused of wrongdoing of second-degree murder; purposeful homicide without intention. In the event that she is sentenced, she could face up to eighteen years in prison. This piece of writing tries to give the verdict of the case after critically examining both prosecution and defendant side.

In this essay, I will describe the elements of a criminal act, address the law of factual impossibility, the law of legal impossibility, and distinguish whether the alleged crime in the scenario is a complete but imperfect attempt or an incomplete attempt. I will address the ethical or moralistic concerns associated with allowing a criminal defendant to avoid criminal responsibility by successfully asserting a legal defense such as impossibility. The court was clearly wrong to dismiss the charge against Jack of attempted murder of Bert.