Graham V. Connor Case Study

The result from Gideon. V Wainwright court case affected the decision of the betts. Bradley which eventually was overruled. Also that justice black associated who wrote the pinion for the court called this an “obvious truth” where that a fair trial for a poor defendant could not be guaranteed without the assistance of counsel.

Factual History: In Los Angeles, California during the month of October and year of 2009, Abel Lopez was attacked and robbed by a man with a knife, he later identified as Walter Fernandez. During the confrontation between Lopez and Fernandez, Fernandez informed Lopez the territory in which Lopez was ruled by the “Drifters” After Lopez placed a call to 911, a few minutes after the attack, police and paramedics arrived on the scene. Two Los Angeles police officers, Detective Clark and Officer Cirrito, drove to a nearby alley that was often contained members of the Drifters gang. Here in the ally, a witnesses told them that the suspect was in an apartment in a house located off the

In the court case Worcester v. Georgia, the U.S. Supreme Court held in 1832 that the Cherokee Indians and Samuel Worcester created a nation holding distinct sovereign powers. This decision did not protect the Cherokees from being removed from their tribal birthplace in the Southeast.

In Quinn v. United States(5) one of the dissenting judges expressed his wholehearted assent to the judicial amendment of the self-incrimination clause by striking the words "in any criminal case" therefrom, but he protested against the new rule laid down by the Court in that case, under which a contumacious witness must now be given a formula for claiming the privilege and after refusal to answer must be pleaded with a second time in order to get his "intent" not to answer set up. Justice Harlan, being new and uninitiated, couldn't approve the "new rule." He said:

In 1808 the government of New York gave ownership to a steamboat company to operate its boat on the state's waters. Aaron Ogden owned a license under this monopoly to run steamboats between New Jersey and New York. Thomas Gibbons was another steamboat operator who competed with Aaron Gordon on the same route but had a federal coasting license given by Congress. Ogden filed a complaint in the New York court to stop Gibbons from running his boats. Gibbons disagreed arguing that the U.S. constitution gave Congress the power over interstate commission. After losing twice in the New York courts Gibbons went to the Supreme court

Facts: Abel Lopez was attacked in “Los Angeles in October 2009”. While cashing a check he spoke to a man who was identified as petitioner Walter Fernandez. After being asked a series of questions by Walter Abel was attacked and chased. The reason being is that Abel was in the territory of the “Drifters”, a gang that wasn’t very welcoming to people being in there territory. While running Abel called 911 but Fernandez stopped him by whistling causing four men to appear and attack Lopez as well as stealing any valuables in his possession which consisted of “$400 in cash” as well as a cell phone and wallet. The police arrived and the incident was suspected to have have gang involvement.

Capt. Charles Chubb 160 E. 7th Street, Chester Pa. 19013 (484) 645-5817 was advised of the identity of Investigator Sean P. Brennan and of the confidential nature and purpose of the interview, Chubb, provided the following information:

The officer told the two men to wait at their car while he had another officer go back to the general store in order to piece together what had happened and establish a clear point of what was going on. Graham couldn’t wait any longer for orange juice and he felt like he was getting worse, so he got out of the vehicle and ran around it twice, had a seat on the side curb of the sidewalk, and fell unconscious. Backup police officers appeared at the scene. An officer put handcuffs on Graham and put him roughly into the backseat of the police vehicle. After when Graham had recovered his consciousness, he and Berry tried to clarify to the police what had happened but their pleas didn’t change the officer’s judgment. One police officer stated that he had witnessed many individuals with diabetes but none like Graham throughout his career. The way the police perceived the situation was as if he had been intoxicated by drinking. Conner had finally gotten the report from the police officer who had gone to the general store, which had established that nothing had gone wrong. While the other police officer was getting the report so much had happened in that time like Mr. Graham had experienced some major and minor physical injuries. He had a laceration on his wrist, a bruise on his forehead, a fractured bone on his foot, and injured shoulder, and constant ringing in his ears. Graham took legal action against the

Ammar). It is clear from the Supreme Court's statements that the Sixth Amendment right to counsel, as enunciated in Massiah v. United States and United States v. Henry, does not extend to the pre-indictment period. The taped conversations at issue in defendant's motions all took place prior to defendant's January 24, 2006 federal indictment while defendant was incarcerated for state parole violations. Even though defendant faced charges in state court, because defendant had yet to be charged in a federal indictment, defendant's right to counsel had not yet attached with respect to the federal charges. The Court denies Henry’s argument for suppression based on the Sixth Amendment right to

Roper vs Simmons was considered a landmark case in 2005 in which the Supreme court chose that it is unconstitutional to impose the death penalty for crimes that have been committed while under the age of 18. The decision was not unanimous, but was a very close 5-4 voting. The voting overturned a previous ruling that the death penalty cannot be enforced for those who are under the age of 16, but 16 and older can receive capital punishment.

United States v. Morrison was orally tried at the United States Western District of Virginia court, on January, 11, 2000. Where Christy Brzonkala being the plaintiff, prosecuted both college Varsity football players Antonio Morrison and James Crawford for sexually assaulting her within thirty minutes of meeting her at the Virginia Tech University. She complained to the school staff faculty members about her tragic incident. After making several reproaches to the school and being ignored she decided to withdraw, especially after uncovering in a newspaper that Morrison would be returning to campus in the fall of 1995. Proceeding the events she then filed a lawsuit under Brzonkala v Morrison in which talks about the

give him a drug test and the officer refused to give him one. Instead the officer told him to get out of the car and Mr.Spears said, “No” and got threatened with pepper spray. His friend, Mr. Phillips, didn 't want to get hurt either and raised his hands and still got threatened to get tased. Both Mr. Spears and Mr. Phillips both went to jail for the night with the charges of being resisting towards an officer instead of the “ actual reason” on why he pulled them over which was intoxication while driving. A similar incident like this one also occurred in this city with two brothers, Rufus and Devin Scales, but instead it was a black and white officer that pulled them over. As they were getting pulled over, “Rufus Scales reached to keep his

In 1857, Dred Scott a slave owned by John Emerson sued Emerson’s estate and brought the case to Chief Justice Roger Taney of the supreme court. This case all started because back in early 1850s, when Emerson wanted to move from Missouri a slave state to Illinois a free state. Now years later, when Emerson want to move back, Scott refuses and stated that he is a free man now base on Illiois law.In Chief Justice Roger Taney finial verdict he states many reasons why a slave can never become a citizen with the same rights as a white man. This is because since the Founding Father times, slaves African ancestry

Whether the officer violated Mr. Howard’s Fourth Amendment rights when he performed a stop and frisk based solely on an anonymous tip?

Rakas v. Illinois, 439 U.S. 128 (1978) The Court held that a defendant must prove there is a legitimate expectation of privacy for a search to be challenged.