The court has charged the defendant with breaking and entering along with harmful intent. While it is understandable that light is aggravating, it is not enough reason for illicit activity. Rendering the breaker board incapable of use was entirely unnecessary and detrimental to the family to a larger degree then their light was to the defendant. The violation of the families trust, by using their spare key revealed to the defendant on a previous occasion, added insult to the actions committed and made the crime worse than it would have been, had it been committed against a family of no relation to the defendant. While nobody was physically hurt in the actions of this crime, it caused a great inconveniences and emotional harm to the victims.
Facts: Vicki Doyle was watching her grandchildren Laya and Lucas Doyle for the day at her home. Vicki decided to get the fire pit going later that day, in order to do so she would need to mow the grass around the fire pit. Vicki brought the riding lawn mower (14hp) out the garage and began to cut the grass. Lucas was on the deck watching the insd cut the grass. Lucas then made his way off the deck and approached the riding mower his grandmother was operating. As Lucas approached, Vicki began reversing the
I spoke to Rob Bettinger who stated someone had broke into his home. Rob stated the only thing missing was a envelope with $700.00 dollars in a dresser in the master bedrooom. Rob stated nothing else in the home had been touched or messed with. Rob stated the suspect used something to force open the door from the garge into the home. I noticed the door was broken and the lock was in the floor of the home. I took photos of the damage to the door and place into evidence.
I responded to Trojan Commons Apartment B1 in reference to a damage to property call. Upon arrival, I made contact with Courtney Doolittle. Doolittle stated that when she arrived at her residence this afternoon, she noticed the door had shoe prints on it. When Doolittle opened the door, I observed the foot prints located on the door and structure of the door had been damaged, as someone tried to gain entry. Myself and Doolittle walked through the apartment to see if anything was missing. Doolittle stated that nothing was missing at this time. I advised Doolittle if she noticed anything missing, to call Troy Police Department. Doolittle stated that this damaged had to be done between Thanksgiving Day and today, before she arrived to the
However, Judge Robert Rinfret said burglaries are taken seriously by the court and Pate already had received a significant break when the state agreed to reduce the charge from a second-degree felony. He said he also considered the words of the victim, who said Pate “scared the crap out of”his wife and 3-year-old child, who were home when Pate broke in.
Prior to leaving the scene I did check the vacant residence directly behind 1431 Holly Trail East per Nita Dobbs request. While checking the residence I did observe the back door leading to the deck to be open. I observed no signs of forced entry and it did not appear as if the residence had been burglarized. I
FACTS: In Lexington, Kentucky officers were suspicious of a subject who was suspected to be a drug dealer. The officer initiated an observance of the subject’s movements and followed the subject to an apartment where the odor of marijuana was admitting. The officers made their presence known and immediately heard sounds that the believed were indications that the subject was destroying possible evidence. The officers knocked and explained they were making entry into the room. The officers forcefully enter the apartment and observed the primary subject, additional subjects, and drugs including paraphernalia in the open. The subject was brought to The Circuit Court where the court denied the motion of the defense team to remove the evidence from the case based on the entry of the officers being unjust due to not having a proper search warrant. The defense team entered a guilty plea to obtain the authorization to appeal The Circuit Courts ruling. The Kentucky Court of Appeals affirmed this request which prompted The Supreme Court of Kentucky to reverse the decision. This action was based on the courts assumption that additional exigent circumstances did exist however, it did not proved the officers the proper authorization to conduct a
The defendant Gary Ewing was a multiple offender of several crimes from grand theft auto to drug possession.. On December 9, 1993, Ewing was arrested on the premises of a apartment complex for trespassing and lying to a police officer. After his conviction of first-degree robbery and three counts of residential burglary,Ewing was sentenced to nine years and eight months in prison. On parole from a nine year sentence he entered into El Segundo golf course store empty handed but left with a pants leg full of merchandise. After the police was notified by the the store employee Ewing was arrested before even leaving the premises. When arrested three golf clubs each priced at $399 was confiscated from him so he was convicted of one count of felony grand theft of personal property in excess of $400. The trial court found as a newly convicted felon with two or more “serious” or “violent” felony convictions in his past, Ewing was sentenced to 25 years to life. In examining Ewing 's claim that his sentence is grossly disproportionate, the gravity of the offense must be compared to the harshness of the penalty.. The California Supreme Court has noted that crime 's seriousness in the context of
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.
Defendant Woods moved pro se to withdraw his guilty plea to second degree murder. Woods had entered a guilty plea pursuant to agreement; he claimed that he would not have entered the plea but for his attorney’s failure to sufficiently investigate a witness’s proposed trial testimony. The district court denied Woods’s motion and sentenced Woods to 258 months’ imprisonment. The Court of Appeals affirmed.
Her attorney argued that she should never have been brought to trial because the material evidence resulted from an illegal, warrant less search. Because the search was unlawful, he maintained that the evidence was illegally obtained and must also be excluded. In its ruling, the Supreme Court of Ohio recognized that ?a reasonable argument? could be made that the conviction should be reversed ?because the ?methods? employed to obtain the evidence?were such as to offend a sense of justice.? But the court also stated that the materials were admissible evidence. The Court explained its ruling by differentiating between evidence that was peacefully seized from an inanimate object, such as a trunk, rather than forcibly seized from an individual. Based on this decision, Mapp's appeal was denied and her conviction was upheld.
In the case of the State v. Stu Dents, the jury found the defendant guilty of the following charges: homicide, assault of a police officer, kidnapping, and crimes related to drugs. They felt that there was no sufficient evidence to charge him with the crime of burglary. It has come down to the sentencing stage of this case. We will hear from both the prosecuting and defending attorneys before the court makes their final ruling on the sentence of one, Mr. Stu Dents.
Mr. Powers was arrested and charged based on two pieces of evidence that were discovered by police during a warrantless search of his tent and toolbox. The issue at hand is whether this search and the subsequent seizure of the items in question violated the constitutional rights afforded to Mr. Powers by the Fourth Amendment, thus providing adequate legal grounds for a court to suppress the items pursuant to the exclusionary rule of evidence. Mapp v. Ohio, 367 U.S. 643 (1961). A court would likely find that Mr. Powers had a reasonable expectation of privacy in both his tent and his toolbox, and thus that the wire cutters and spool of copper wire are inadmissible due to the fact that they were discovered in violation of the Constitution.
“There were 11.1 million of unauthorized immigrants in the U.S in 2014” (5 Facts About Illegals). This epidemic is causing hospitals to declare bankruptcy wherever there is a larger population of illegal immigrants. Living so close to the Mexican border, Texas has an inflation of illegal immigrants causing working citizens to pay their hard earned money for illegal immigrants to get health care for free, even though they aren’t employed or a citizen of the United States. American citizens should not provide healthcare to illegal immigrants.
The classic tale of Hamlet by William Shakespeare is a story that never grows old. This play is commonly retold and remade by modern producers. In fact, many of William Shakespeare’s original stories are easily recognizable in modern movies or novels. While many may see the correlation of 10 Things I Hate About You and Shakespeare’s Taming of the Shrew without further evaluation, the similarities between The Lion King and Hamlet can easily be seen too after closer inspection (Evans). In The Lion King by Roger Allers and Rob Minkoff, the Shakespearean play of Hamlet can be recognized through the storyline of Simba and Scar. Because of similar characters, plots, and themes, it is evident that the Disney film The Lion King is heavily influenced
The Sermon on the Mount was God’s first utterance to the general public, who had been reared by a corrupted Judaism. Moreover, it has been interpreted to possibly to be the first discourse to Jesus’ disciples. In His design, He not only wanted to teach Christians ethics, but attempted to point out the errors of Pharisaism while bringing to life the consciences about God’s legalistic listeners. In Matthew 5:20, God says, "Unless your righteousness exceeds that of the scribes and Pharisees, you will never enter the kingdom of heaven." These themes follow through to the end of the chapter. God expounded the spiritual side of the law to awaken His audience so they could see they needed His own perfect righteousness. Their blinders resulted in ignorance of the spiritual side of the law that was the source of Phrisaism, the leaders conveyed they would fulfil the law with the outward letter. God wanted to set His people back on track with this information on how they should act ethically.