During the recess of the Chung case, Judge Moore motioned to move forward with the next case. The defendant Jeffrey Gaddy was presented to the court was along with Mr. Francisco. Once Mr. Francisco was sworn into court, defense attorney Clayton asked him to recall the incident. Mr. Francisco stated that the defendant Jeffery Gaddy was accused of burglary and breaking into the backdoor and two offices within ACE Tree Service. The officer on duty responded to the initially burglary call and found Mr. Gaddy fleeing from the scene of the crime.…
Ms. Greear stated that Mr. Daubert had kissed one of the female players named Kendra Wallin. He had kissed her once on the forehead and once on the cheek. In addition, Ms. Greear stated that Mr. Daubert had put his hands on Ms. Wallin’s waist. It was not clear from Ms. Greear’s statements if she witnessed the kisses by Mr. Daubert or if she was told that it took place by Ms. Wallin.…
FACTS OF THE CASE: The Appellant, Director of Finance at Toyota Marin Lou Suriyan Sisuphan, took almost $30,000 in order to persuade the termination of Sisuphan’s coworker Ian McClelland by suggesting that McClelland should be held responsible for the lost money. The Appellant did not have the intention to take this money permanently, and returned the money before any charges were filed, but not within the 24 hour amnesty period that the dealership offered. The dealership terminated Sisphan’s employment, and charged Sisuphan with a “felony offense of embezzlement by an employee of property valued in excess of $400 (§§ 487, subd. (a), 508, & 514) and alleging a prior assault conviction (§ 245, subd. (a)(2)) as a sentence enhancement.”JUDICIAL HISTORY: The trial court found Sisuphan…
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.…
In the present case, the question is whether Joe Smith parent can file a lawsuit because he was discriminated against due to his race, sex, national origin, religion, and/or financial means. Like in the Yick Wo case, Smith is discriminated due to his national origin. Even though, his origin is white and the admissions policy might appear neutral to some, but it is applied unequally to whites. In DeFunis v Odegaard, this case was ruled moot because Defunis was in his last year of law school, so the courts would have to wait for a later case to set a precedent. In Bakke v. UC Board of Regents, the court would decide that at place of higher education can use race in their admission policy, but it cannot be the lone deciding factor. When the university…
1. A business fails to meet the criteria if its practices are not equal and if has procedures unrelated to necessary job functions in the organization. In the case of McDonnell Douglas vs Green the Supreme Court holds that a charging party can prove unlawful discrimination indirectly by showing a failure in the organizational business process. In this case the hiring and firing of an employee, McDonnell Douglas was taken to court over their unethical tactics. The charging party has to only prove four things: they are a minority (protected group), they applied and were qualified for the position, the job was not offered to them, and the employer continued to seek applicants with similar qualifications. If the plaintiff can prove these four elements, the employer must show a legitimate lawful reason why the person was not hired.…
Spot check was for the purposes of checking licenses, insurance, mechanical fitness of cars sobriety of the drivers.…
The Supreme Court decision in King v. Burwell surrounded the challenge of provision to the Affordable Care Act. The key question the case focused on was whether Obamacare authorized federal tax subsidies for individuals purchasing health insurance through a state exchange. The challenger, King, argued the way the law was written can’t allow for states to subsidized insurance through a federal-run exchange. They argued that insurance subsides are only allowed in states that operate their own insurance exchange. Pointing to a clause “established by the state,” the plaintiff argued the way the law, written by members of Congress, authorizes only to tax and subsides in states that established…
Judgment of conviction reversed on the law and facts and as a matter of discretion in the interest of justice, fine and surcharge remitted and simplified traffic information dismissed.…
Georgia V. Randolph (2006). The Oyez Project at IIT Chicago-Kent College of Law. Retrieved July 30, 2013. http://www.oyez.org/cases/2000-2009/2005/2005_04_1067.…
Justice Roberts was born on January 27, 1955 in Buffalo, NY. Roberts was confirmed on May 8, 2003, and received his commission on June 2, 2003 By President George Bush.…
In the case study provided, one can see many areas where the development of the child in question can be taken into consideration when looking at the case from a law standpoint. In any case involving children, one must always take into account their environment, their developmental age, and their true age. With each age group, there is a norm for development and each child must be evaluated regarding that norm. In this case, the current law regarding the “age of accountability” can be upheld through three basic points. These points are the biosocial, the cognitive, and the psychosocial areas of…
Denied claims require an appeal letter to be submitted, usually within a certain period of time. This letter should state why a denied claim should be paid. Some denials are due to coding error such as, incorrect place of a service code ("Healthcare Claim Processing Medical Billing Errors," 2012).…
The U.S. Supreme Court overturned a Sixth Circuit opinion continuing a decision of the federal court to grant John Bass's discovery motion in reference to the selective prosecution. Bass the defendant suspected that the government wanted a death penalty against him based on race thus a motion granted on the discovery concerning the capital charging practices of the government. The District Court settled the discovery motion and then dismissed the notice after the government stated that it would not comply with the discovery order.…
Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse against Kailyn. Kelbel testified that the head injury of Kailyn was inflicted by a cup thrown at her head by step brother Evan. Kelbel also testified that other injuries found on Kailyn were caused by Evan and that he is "rough" with her. Medical examiners ran an autopsy on Kailyn's body and determined that the injuries had been caused by blunt trauma and force caused by a knee or fist. Medical examiners testified that the injuries caused could not have been caused by a cup thrown at her head or by an accidental fall down the stairs. Kailyn's mother, Lindsey, also testified that Kailyn had previous injuries that she became concerned with. Upon retrieving a search warrant, police entered Lindsey's home to find further evidence. Police found a dent in the wall near Kailyn's bed. After Kelbel was eventually found guilty of the charges brought, Kelbel filed a motion for a judgement of aquittal and for a new trial on the grounds that the evidence was insufficient to support his conviction. The district court denied the motion.…