potentially reducing the defendant’s sentence (David W. Neubauer & Henry F. Fradella). In Brady v. Maryland‚ he U.S Supreme Court held that “the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or punishment‚ irrespective of the good faith r bad faith of the prosecution”. This is commonly referred to as Brady rule. The Brady rule applies to material exculpatory evidence only. Exculpatory evidence is material
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could determine whether they contained any “Brady material.” (The term refers to the landmark 1963 U.S. Supreme Court ruling in Brady v. Maryland‚ which holds that prosecutors are required to turn over any evidence that is favorable to the accused. Failure to do so is considered to be a “Brady violation‚” or a breach of a defendant’s constitutional right to due process.) Judge Lott had examined everything Anderson had given him and ruled that no Brady material was present. Afterward‚ as is the protocol
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Maryland v. Pringle‚ 540 S. 366 (2003) Facts: A police Officer Snyder stopped a car for speeding on August 7‚ 1999 at 3:16 a.m. Partlow‚ the owner of the vehicle was driving the car‚ Pringle was the front seat passenger‚ and Smith was the back seat passenger. Officer Snyder asked Partlow for his driver’s license and the registration. When Partlow opened the glove box to grab his vehicle registration‚ Officer Snyder saw a large quantity of rolled up cash. After‚ checking Partlow’s license
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Mcculloh v Maryland Case In many ways‚ the opinion in this case represents a final step in the creation of the federal government. The argument involved which was the power of Congress to charter a bank. The larger questions would go out to the Constitutional interpretation and would still be debated to this day. In 1791‚ as part of his financial plan‚ Secretary of The Treasury Alexander Hamilton proposed that Congress charter a Bank of the United States‚ to serve as a central bank of the country
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which quickly established branches throughout the Union. Many local‚ state-chartered banks‚ eager to follow speculative policies‚ resented the cautious fiscal policy of the BUS‚ and looked to state legislatures to restrict the BUS operations. Maryland imposed a tax on the bank’s operations‚ and when James McCulloch‚ the cashier of the Baltimore branch of the BUS‚ refused to pay the tax‚ the issue went to Court. Few people expected the Court to hold the charter establishing the bank unconstitutional;
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McCulloch v. Maryland Brief Fact Summary. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. McCulloch‚ a cashier for the Baltimore‚ Maryland Bank‚ was sued for not complying with the Maryland state tax. Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution (Constitution) is the supreme law of the land and state laws cannot interfere with
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Frederick Variath History 103 Maryland v. Craig 497 U.S. 836 (1990) The Supreme Court case of Maryland v. Craig was argued April 18‚ 1990 and decided on June 27‚ 1990. It originated on October 1986‚ when a Howard County grand jury charged Sandra Ann Craig with child abuse‚ first and second degree sexual offenses‚ perverted sexual practice‚ assault‚ and battery. The victim for each count was a six-year-old girl named Brooke Etze who had attended a kindergarten and prekindergarten center‚ owned
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History 368 Midterm Essay Examination Part 1‚ #1 Betts v. Brady in 1942 is a court case about an indigent white man named Betts who was charged with robbery. As soon as Betts got arrested he requested council and he was immediately denied. Betts was extremely poor‚ and he was very backwards to society. The reason why he was denied council was because his request for council was not handled as “special circumstances.” Justice Owen Roberts viewed Betts as an ordinary citizen‚ one with “ordinary
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McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes‚ Congress may charter a bank as an implied power under the "necessary and proper" clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word "expressly" particularly caused major problems and therefore was omitted from the Constitution‚ because if everything in the Constitution had to be expressly stated
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Between 1789 and 1820‚ the power of the national government expanded greatly as a result of Hamilton’s economic policies‚ Marshall Supreme Court decisions‚ Henry Clay’s American System‚ and territorial acquisitions. Although many of these programs ultimately sowed the seed of sectionalism‚ the net result was a more powerful national government by 1820. One main proponent of a strong federal government was Alexander Hamilton‚ who served under George Washington as secretary of treasury. In this position
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