According to Montalvo v.Borkovec Court of Appeals of Wisconsin in 2002. “On November 21, 1996, Montalvo entered St. Mary's Hospital in Milwaukee, Wisconsin, with pre-term labor symptoms. An ultrasound revealed that the baby was 23 and 3/7 weeks old, and weighed 679 grams. Attempts to interrupt her labor and delay the birth were unsuccessful. Prior to delivery of the child, the parents executed an informed consent agreement for a cesarean procedure. Dr. Terre Borkovec performed the cesarean section. At birth, Emanuel was "handed off" to Dr. Arnold, a neonatologist, who successfully performed life-saving resuscitation measures.” The baby ended up surviving, however a complaint was made against both of the physicians, Dr. Terre Borkovec and Dr.…
On May 24, 1992, Ramon Flores was working at a gas station that was getting robbed and was shot and killed. The man charged with his murder was Michael R. Pulido. He was charged with first degree murder along the felony murder law. That law states that killing during the act of a felony, in this case a robbery, is automatically first degree murder. The way I have interpreted the facts of this case, the defendant was the one who pulled the trigger and point toward him as the killer. To come to this decision, the jury had to conclude that the defendant had intent to commit a felony, killed during the act of a dangerous felony, and that the victims death was a foreseeable outcome of the felony.…
In the Texas vs Cobb case a man named Raymond Levi Cobb was first arrested in 1994 and confessed to a home burglary. In this process he denied that he killed the woman and child in the home but later confessed to his father which his father then went to report this to the police. Even though Cobb later waived his Miranda rights and confessed he was still indicted and sentenced to death. Cobb argued to the Texas Court of Appeals that after his confession he was denied his right to counsel because his request for an attorney wasn’t renewed after the burglary case. The Court later said that the right to counsel carries onto the reason charged if any other offenses are closely related to the case. It was then declared with a five to four vote under…
Grutter v. Bollinger was also a case in which race was still used as an admission factor. This case involved the admission process to The University of Michigan's law school. Just as the University of Texas they used the hard data and soft data process to admit different students into their program. Race was used as a plus factor under the soft data category and the law school was seeking critical mass by becoming more diverse within its student population. Yet, the question was how did the university know the race of the person? As they did not have a so called race check box. They asked different questions such as where the students are from or what language was spoken within their homes. The court again said this was ok, as they school was…
In the People v. Caballero case, the 8th amendment was being denied when 16 year old Graham was served with “…a minimum of 110 years before becoming parole eligible” (People v. Caballero). Terrance Graham’s VIII amendment was violated, he was given a cruel and unusual punishment of a 110 year sentence, and only after that would he be eligible for parole. Graham was a 16 year old boy who was committed for armed burglary and attempted armed robbery, and was sentenced to probation. However, his probation was revoked and was sentenced to life in prison for burglary: “…leaving Graham with no possibility of release unless he was granted executive clemency” (PJDC). The number of given years is cruel because it falls out of a human’s natural life…
Mendez v. Westminster (1946) was a case enacted by, “Gonzalo Mendez, William Guzman, Frank Palomino, Thomas Estrada, and Lorenzo Ramirez” who “filed suit on behalf of their fifteen…children and five thousand other minor children of ‘Mexican and Latin descent’” (Valencia, 2010, p.23). They sued Westminster school district because they were denying their children the right to enter schools near their home. The school was in California and was predominantly White and did not allow any Mexican American children to attend. Mendez claimed that the school was segregating his children, and others, based on race and kept them separate from the White Society. The “Equal Protection Clause of the Fourteenth Amendment played a key role in the Mendez case”…
Last week was a huge week for our supreme court. There were a couple really important rulings. There was the University of Texas Vs. Fisher, which argued race when accepting students into their school. There was also a voting rights act ruling as well. The one that stuck out most to me was the court’s decision on DOMA. DOMA stands for “defense of marriage act.” It was signed by President Bill Clinton in 1996 to prevent same-sex couples whose marriages were recognized by their home state from receiving benefits available to other married couples under federal law.…
The Korematsu v. United States (1944) case was an unjustifiable case towards individuals with a particular race, but even though at the moment it seemed like the appropriate action to take for the protection of the people in our country, the action towards this race was completely inappropriate and unconstitutional. During the War of World War II, the president of the United States, Franklin Roosevelt put a float the Executive Order 9066 that targeted individuals from the Pacific Coast of Japanese ancestry both citizens and non-citizens. The order was to get any individual with in the area of the Pacific Coast to report to assembly centers where they were being detained until released by military authorities. Individuals with Japanese ancestry were being imprisoned without any evidence that they were a danger to the country and were deprived from their Constitutional rights. At first the first order was for any individual with Japanese ancestry to stay in their home with a curfew assigned to them, without…
The respondent was convicted in Dallas County Criminal Court of desecration of a venerated object in violation of a Texas statute. He was sentenced to one year in prison and fined $2000. The respondent appealed his conviction through the Court of Appeals for the Fifth District of Texas. They affirmed the decision of the lower court. The respondent then petitioned for discretionary review by the Texas Court of Criminal Appeals. This court then reversed the decision finding Johnson’s flag burning to be “symbolic speech” protected by the First Amendment. Certiorari was granted. The case went to the Supreme Court.…
The Supreme Court case of Sessions v. Morales-Santana deals with the issue of whether or not a distinction based on gender in establishing derivative citizenship for immigrants violates the 5th amendment's guarantee of equal protection. The questions presented by this case are: (1) Whether Congress’s decision to require different physical presence requirements for unwed citizen mothers than unwed citizen fathers in order to pass citizenship to a foreign- born child violates the 5th amendment's guarantee of equal protection and (2) whether the court of appeals was mistaken in granting citizenship in the absence of any statutory authority.Thusly, the rights of immigrants and the right against gender discrimination are both at stake for the petitioner of this case. The case was granted on June 28, 2016, oral argument was held before the Supreme Court on November 9, 2016, and the case was decided on June 12, 2017.…
Facts. On the morning of August 31, 1986, Theresa Estrada left her home near Cerritos, California, to go shopping at a nearby grocery store. She left her husband at home reading the newspaper, and her three children were still in bed. Returning from the store, Estrada saw, heard, and felt a big explosion. Within minutes, she maneuvered her way through burning homes, cars, and debris to find her home engulfed in flames. Her husband and children died in the house. Although she did not know it at the time, an Aeromexico passenger airplane had crashed into her home after colliding with a privately owned plane. Estrada suffered severe emotional distress from the incident. She sued for the wrongful death of her family. Aeromexico was found not responsible for the accident. The jury found the private pilot 50 percent liable, and the United States 50 percent liable because air traffic controllers had failed to detect the private plane's intrusion into commercial airspace and give a traffic advisory to the Aeromexico flight. The jury awarded Estrada $5.5 million for the death of her family and $1 million for negligent infliction of emotional distress. The U.S. government appealed the $500,000 judgment against it for negligent infliction of emotional distress.…
In the case of Gonzales v. Raich, the Supreme Court made a judgment that affected the California users of medical marijuana. Under a law the federal Controlled Substance Act, marijuana is a schedule one controlled substance, however under a 1996 state California law, marijuana is legalized for usage for people who have a prescription from a doctor for medical usage. When the federal Drug Enforcement Administration enforced the CSA by destroying one of the defendant's marijuana plants, the defendants claimed that their constitutional rights were infringed upon.…
During the middle of the 18th century, the relationship between the Americans and the Mexican-Americans soured more than ever before. The Mexican- Americans realized that something had to be done about the second class treatment they had been receiving for over a century. The Treaty of Guadalupe, ending the Mexican-American war, was the peace treaty calling for the United States to pay the Mexican government 15 million dollars. This pay was in exchange of the ownership of California, and a large area comprising New Mexico, Arizona, Nevada, Utah and parts of Wyoming and Colorado. Mexicans, whom remained in the U.S. new territory, had the option under…
On June 13th, 1966, the Supreme Court announced its 5-4 ruling in the Miranda v. Arizona case. This ruling established “Miranda Rights,” a standard police procedure which revolves around the principle that an arresting officer must advise a criminal suspect of his or her rights before being taken into custody and interrogated. The Court’s ruling in this landmark case effectively reinforced the importance of ensuring that the accused are aware of their Fifth Amendment rights. The Fifth Amendment guarantees that no one can be forced to testify against himself; defendants in criminal cases can choose to remain silent, "pleading the Fifth," rather than offering testimony that might be used to convict them (Shmoop Editorial Team).…
1. Even assuming that petitioners are “people’s organizations,” this status would not vest them with the requisite personality to question the validity of the presidential issuances, as this Court made clear in Kilosbayan v. Morato.…