Case Brief Funk vs. United States Supreme Court of the United States 290 U.S. 371‚ 54 S. Ct. 212 (1933) Facts: Funk was tried twice and convicted both times in Federal District Court for conspiracy to violate the prohibition law. In the first appeal to the Federal Circuit Court of Appeals the decision of the Federal District Court was reversed due to issues not applicable here. 46 F.2d 417. In both trials the defendant called upon his wife to testify on his behalf and she was excluded
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In the case of Smith v. United States‚ the plaintiff‚ John Angus Smith‚ was convicted of engaging in drug-trafficking‚ which would have granted him a five year sentence had he not “used” a firearm in regards to the incident. As stated in statute 924(c)(1)‚ the use of firearm in relations to a drug-trafficking crime enhanced the sentence‚ and turned it into a 30-year sentence. The argument at hand is whether the term “use” was to be taken from a broad dictionary definition or in the ordinary meaning
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Case of Braswell v. United States Team A Bridget Sarris‚ Bonnie Kyle‚ Erlyn Cruz‚ Ernest Snyder LAW / 421 Robert Tisher May 27‚ 2013 BRASWELL v. UNITED STATES This case presents the question whether the custodian of corporate records may resist a subpoena for such records on the ground that the act of production would incriminate him in violation of the Fifth Amendment. We conclude that he may not. From 1965 to 1980‚ petitioner Randy Braswell operated his business — which comprises
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Issue: Barry Jewell was convicted of burglary with a deadly weapon resulting in serious bodily injury‚ a class A felony. Also‚ Battery resulting in serious bodily injury‚ a class C felony. Rule: The court used the case‚ Ellyson V. State‚ 603 N.E.2d 1369‚ 1373 (Ind. Ct.App.1992) In that case‚ Ellyson was charged with burglary because he broke into the house where him and his estranged wife lived with the intent to rape her. He was still charged with burglary even though he had the right to possession
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Cravens 09/10/2013 CRJ 251 METZGER BRIEF STATE V. METZGER 319 N.W.2d 459 (Neb. 1982) FACTS: Defendant was seen naked with his arms at his sides from the thighs on up at his apartment window by another resident. Resident notified police on the act. The officers testified that they observed Metzger standing within a foot the window eating a bowl of cereal and that they also‚ seen that his body was nude from the mid-thigh on up. The defendant’s case was dismissed. LEGAL ISSUE: Was the
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MEMORANDUM OF LAW To: Kimberly D. Beard‚ Esq. From: Laura Gardner Re: Brandon Berry‚ State of Georgia v. Berry Date: February 27‚ 2013 QUESTIONS PRESENTED I. Can the Defendant be Charged With Cruelty to Children When the Child Was Not in the Defendant’s Care? II. Can the Defendant be Charged With Cruelty to Children When the Elements Have Not Been Met? STATEMENT OF FACTS On June 16‚ 1998 Jamie June (Jamie) completed a detox program for alcohol abuse and she then started Alcoholics
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Legal Brief 10/24/11 Citation: Charles T. Schenck v. United States‚ Supreme Court of the United States‚ 1919 Issue: Whether distributing anti-conscription literature during war time is protected under the First Amendment. Relief Sought: Schenck did not want to be convicted of violating the Espionage Act of 1917 so he appealed to the United States Supreme Court. Facts: Charles Schenck was the general secretary of the Socialist Party of America. Socialists believed that the war had been caused
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Case Brief Summary: Marbury v. Madison Robert L. Broadwater PAD 525 Strayer University Dr. O’Neal July 09‚ 2012 Summary of Marbury v. Madison‚ 5 U.S. 137‚ 1 Cranch 137‚ 2 L. Ed. 60 (1803). Facts The incumbent president Federalist John Adams was defeat in the presidential election by Democratic-Republican Thomas Jefferson. The day before leaving office‚ President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia. This was
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State v. McNeely 358 S.W.3d 65 MO. (2012) Facts: The defendant was stopped by a Missouri state highway patrolman for speeding and during this stop the trooper noticed that the defendant was displaying all the tell-tale signs of being intoxicated; blood shot eyes‚ slurred speech‚ and the smell of alcohol on his breath. This stop then changed from being a speeding stop to a DWI investigation. The trooper had the defendant get out of his truck and perform standard field sobriety tests. The defendant
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In the case of State v. Rounds‚ the defense challenges the conduct of Officer Oliver Towns and the evidence his conduct yielded. The defense wages their action on three major cases‚ all of which apply‚ but none in the way cited: Riley V. California‚ 573 U.S. ____ (2014)‚ Wong Sun v. United States‚ 371 U.S. 471‚ (1963) and Carroll v United States‚ 267 U.S. 132 (1925). This case can be narrowed down to three stages: the stop‚ the search and the seizure. All of which‚ when performed‚ obeyed the limits
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