Concepts Of Criminal Law (AJ 002)
Case Brief
Case Title and Citation: Commonwealth v. Schnopps 459 N.E.2d 98 (Mass. 1983)
2. Case Facts: On October 13, 1979, George Schnopps fatally shot his wife of 14 years. The victim and schnopps began having marital problems six months prior, when schnopps became suspicious that his wife was seeing another man. A few days prior to the incident, Schnopps threatened to make his wife suffer. On October 12, 1979 while at work asked a coworker to buy him a gun, telling the worker that he had been receiving threatening phone calls. Schnopps paid his coworker for the gun and ammunition. On the day of the incident, Schnopps told a neighbor he was going to call his wife and have her come pick up some things, and asked if them to keep the youngest child with her so he could talk to with his wife. When the wife went over Schnopps tried to convince his wife to stay with him, in response the wife made some vulgar comments which triggered Schnopps. He then shot her and then shot himself. Shortly after he called the neighbor and told her what had happened and she called the police. The defense offered evidence from friends and coworkers who noticed difference in Schnopps physical and emotional health after the victim had left him. The Commonwealth’s expert
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The judge instructed the jurors on every possible verdict available on the evidence, which included murder in the first degree on the ground of
The case that I studied was R. Vs. Edgar (2000) 142 C.C.C (3rd) 401 Ontario Court of Appeal. The appellant was convicted of second-degree murder in the stabbing death of his girlfriend, Tracey Kelsh. The appellant and the deceased were involved in a short-term romantic relationship. Both were heavy users of cocaine and alcohol. The appellant and the deceased were partying and consuming cocaine and alcohol. After a violent struggle in the bathroom of the appellant’s apartment, the deceased suffered multiple stab wounds and other injuries. The most serious and fatal wound she sustained was a deep cut slitting her throat. The appellant testified that the deceased came after him, wielding two kitchen knives. She backed him into the bathroom and shouted bizarre statements about bikers and leveled accuse stations against him. A violent struggle ensued in the bathroom. The appellant testified that it was pitch dark, he was
When you've been accused of a crime, you want a criminal defense attorney with an established track record of success and the respect of their fellow attorneys. From his offices in Austin, Keith S. Hampton provided high-quality legal advice and services for over 20 years. Over the course of his career, he's also written a variety of articles on a number of topics, from constitutional law to questions of mental health. His list of contributions to the legal field demonstrates a wide-ranging expertise and an in-depth knowledge of the law.
My first step for my research was to see who is involved. The issues I have chosen involve Victor who was the shooter and for biting a police officer. Victor’s mother for hiding him from the police when questioned if she knew where he was. The police are included for pushing the mother out of the way and entering her home to search and apprehend Victor and shell casings without a search warrant. Also Benny for throwing the gun used in the shooting over the bridge. The crimes happened in New Hampshire and they are criminal in nature. I searched for the legal terms attempted murder, attempted homicide, manslaughter, assault on a peace officer, assault, aiding and abetting, conspiracy, accessory after the fact, hindering, search and seizure,
P alleges false arrest. P was arrested for shooting CW Flaming St. Fleur (non-party). At Grand Jury, Mr. St. Fleur testified that he was shot and turned around saw P standing there. P was indicted by a grand jury. Mr. St. Fleur went to the precinct and recanted his identification of P to Det. Torres. Det. Torres informed Mr. St. Fleur to go to the DA’s office. On 11/3/2008, Mr. St. Fleur spoke with ADA Thomas McManus and recant his identification of P. Mr. St. Fleur identified another person as shooter and claimed to the person in the neighborhood. P was incarcerated when Mr. St. Fleur stated seeing the shooter of the street. Criminal charges were, later, dismissed. P was incarcerated for more than 10 months. Mr. St. Fleur stated in an affidavit
On January 1, 2011, Mary Brown (victim) went jogging at 7:00 pm on the route she had been taking for six months and passing the usual houses. Upon reaching 123 Roper Street, a man, John Smith (defendant) ran out, tackled her to the ground, jumped on top of her, and eventually pinned her down. Then the defendant, using a box cutter, stabbed the victim in the face, making a five-inch gash just below her left eye. While cutting the victim, the defendant stated, “I watch you run by here every day and I wave hello to you from my window, but you never wave back. You think you are too pretty to wave at me, well now you will not be pretty anymore.” The defendant’s neighbor, Mike Jones, witnessed the attack and heard everything from his yard, but was too afraid to stop the attack. John Smith has been charged with aggravated malicious wounding.
They were claiming the evidence from witnesses is unclear. There were extreme discrepancies among witnesses regarding the number of people present on the front yard where the shots were fired. Defendant was only expressing his emotion and firing to empty an area that didn’t mean to hit anyone. Also, only one bullet was found which is one the victim body and no evidence shows that bullet was directly hit on the victim. It can be reflected. Base on those the jury could found it was manslaughter and the instruction of manslaughter first degree should be giving. Additionally, she was arguing about the gang evidence. Defendant was prejudiced by the introduction of generalized gang related evidence. Therefore, evidence from gain member should not be used as a consideration. For reasons stated above the court should vacate Defendant’s conviction of first degree murder and remand another new trial and new evidentiary
On March 1, 1987, Tyvonne, who was eight, found a gun while playing in the school yard. He took the gun and hid it, the following day he brought the gun to school and hid it by a fence. While in school he bragged to his fellow classmates about the gun he found. The victim told Tyvonne that she thought the gun was a fake and because of that it made the other kids say the gun was a toy. The victim then challenged Tyvonne by saying, “Shoot me. Shoot me.” Tyvonne then responded with, “I’ll show you it’s real.” He aimed and fired one shot at the victim which hit and injured her, he then began to swear and shout at the victim that he was
On September 14, 2015, I attended a public criminal case at the North County Vista Courthouse. This case dealt with the murder of Jason Harper, and was presented to Judge Blaine Bowman. Jason Harper was shot and killed on August 27, 2012 by wife Julie Harper. Harper claimed that she accidently fired at her husband out of self-defense while the two were arguing in the upstairs bedroom of their Carlsbad home that morning. Ms. Harper alleges that she was a victim of domestic abuse and that Mr. Harper had raped her on account of over 30 times during their marriage. Transition Sentence Prosecutor, Keith Wantanabe claimed that Julie Harper shot her husband with (1) Conscious Disregard of
A woman by the name Michele Wanko was charged with involuntary manslaughter, aggravated assault, and possessing an instrument of crime. Michele shot and killed her husband. Michele and her husband William Wanko lived in Philadelphia. It was a night when these two decided to put the children to bed and have a few drinks. They both had been drinking that night, for exactly six hours straight. They were drinking vodka and juice all night long, now with drinking that long period of time, the couple had to have been drunk. Because someone constantly drinking for a long period of time, there is going to be some type of impact from the alcohol. William wanted to teach his wife how to shoot a gun, and they decided to go into the basement and begin shooting. When she retrieved the gun from their safe, she instantly aimed the gun at her husband and shot him in his chest. He looked at her and asked her why she shot him before collapsing on the ground. The police were called, and William was pronounced dead at the hospital and Michele was charged. Some may look at this case different and
Facts of the Case – On March 27, 1967, Leslie Taylor Morrin, a 37 year old Millwright worker in Oregon Ohio, killed William Abell, a 53-year old male with several blows to the head with a pair of tongs taken from the back seat of his car. The defendant, Morrin, met Abell a stranger (victim), at a nearby bar in Toledo, Ohio where he stopped to call the union’s business agent. While the defendant was on his way home (Monroe, Michigan), the victim, Abell asked for a ride, stating that he (Abell) was stranded and was going in the same direction. During the trip, the victim pulled out a knife on the defendant who immediately volunteered to give up all of his money. William, who is also the victim demanded that Morrin perform oral sex upon him.
On 05/22/16 at 8:48pm, I was dispatched to 1768 Watertower Drive on an injury-possible dangerous or vicious dog. I arrived at the house and spoke to victim Sarah Wutkofski. Ms. Wutkofski stated that she was in her back yard with their dog, when the neighbor’s dog down came charging at her and her dog. Ms. Wutkofski picked up her dog to prevent the dog from attacking her dog, in the process of trying to get to her dog, Ms. Wutkofski sustain visible injuries to her right and left arm and to her right foot. Ms. Wutkofski wrote out a statement of facts regarding the incident. I took pictures of Ms. Wutkofski injuries. Ms. Wutkoski and her husband pointed out the house where the dog lived. I arrived at 1792 Watertower Drive and spoke to dog
Good morning Ladies and Gentlemen of the jury. For the past several weeks you have heard testimony from the defense stating that their client is innocent of murdering Mr. Wallace, a 24 year old man that was shot and killed in the early morning of March 9, 1997, as he was leaving a music industry party. He was riding in the front passenger seat of a Chevrolet Suburban when another vehicle pulled up beside his and someone opened fire. According to autopsy reports he was shot four times. The medical expert stated the bullet that killed Mr. Wallace was the bullet that entered his right hip and ripped through several organs, including his liver, heart and lung. The other bullets struck Wallace in his left forearm, his back and his left thigh. At the time of his death, he had no drugs or alcohol in his system. I have proven that the defendant murdered Mr. Wallace for no apparent reason. It is up to you to decide hold the defendant
On November 27th, 1976 Mr. Adams’ car ran out of fuel and he was forced to walk to the nearest gas station (Radelet, 2011). Shortly after this Mr. Adams was given a ride by local teenager David Ray Harris, who was driving a stolen vehicle. The two then spent the day together, even going to see a drive in movie. That night Mr. Adams returned to a motel where he was staying. Mr. Harris, now alone, was stopped by Officer Wood and his Partner Teresa Turko shortly after midnight. Officer Wood was shot and killed by Harris, who sped off too quickly for Officer Turko to get a plate number or a good look at the shooter. Directly after this Mr. Harris drove home and for the next few days, bragged to his friends that he offed a pig. Police questioned Harris upon learning of these statements. Harris however, feigned innocence, stating that he did not kill a cop and that he was just trying to impress his friends. Mr. Harris unfortunately pointed the finger at a hitchhiker that he had picked up, Mr. Adams. Police took Adams in for questioning, where he denied everything, but he did detail the events of the previous day. Mr. Adams was informed by the police that he had failed a lie detection test and that Harris had passed, but Adams still held that he was innocent. At this time the only actual evidence implicating Adams in the crime is the testimony that Harris gave to the police.
To begin, the accused is guilty because the crime was blatantly premeditated. Premeditation is defined as“The term that is used to describe a murder that was planned in advance and was carried out willfully.” (“What is Premeditated”)
Upon arrival, I made contact with Ms. Maria Gizanados (Involved Person) who advised in a sworn recorded statement her son, Mr. Antonio Gizanados (Victim), and daughter were staying at her parents’ house, when she received a phone call from her daughter. During phone conversation, Ms. Gizanados was advised her son was having a “bi-polar episode,” so she responded to the location. Upon arrival, she made contact with her son (Mr. Gizanados) and he stated he wished to kill himself with a knife. He had a knife present in his bedroom, but was not threating himself with it. Mr. Gizanados also made statements to her that he was planning to go to the The Avenues with a gun and shoot people as well as myself.