silence as evidence of guilt. Procedural History: Petitioner was convicted of murder and sentenced to 20 years. This was directly sent to the Texas State Court of Appeals who rejected the argument. The Texas Court of Criminal Appeals took up the case and affirmed the same judgment. Issue: Was the petitioner’s Fifth Amendment right violated when prosecutor’s used his silence as evidence of guilt‚ when he was not in custody and had not had his Miranda rights read to him? Holding/Rule: No‚ because
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Commonwealth v Pestinakas 617 A.2d 1339 Facts: Joseph Kly met Walter and Helen Pestinikas in the latter part of 1981 when Kly consulted them about prearranging his funeral. In March‚ 1982‚ Kly‚ who had been living with a stepson‚ was hospitalized and diagnosed as suffering from Zenker’s diverticulum‚ a weakness in the walls of the esophagus‚ [***4] which caused him to have trouble swallowing food. In the hospital‚ Kly was
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November 2012 Swimming Pools by Kendrick Lamar Many people listen and like music just for the rhythm or the flow‚ but not many people realize what kind of a message some of these artists are trying to send to society through their lyrics. Kendrick Lamar or “K-dot”‚ the lyrical genius of today’s rap culture‚ is one of my all-time favorite artists in hip-hop and is one of the rappers that send these messages to their audience. Recently‚ one of K-dot’s popular new singles “swimming pools” got released
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Briefing the Case Assignment In the renowned Supreme Court Case of Jackson vs. Birmingham Board of Education‚ the rule of law was held to be that retaliating against a person because he has complained of being discriminated on the grounds of sex falls under a branch of intentional sex discrimination‚ which is encompassed by Title IX‚ Education Amendments of 1972. This was an important case with respect to intentional sex discrimination and never before had such principle of law been enunciated
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Such is the mystery of God. Accident is accident. There is no explanation for it. It is God’s monopoly. Accident may be minor or major. It may leave you with slight injury; it may take away your life; or it may hurt you grievously. The accident that I met: Once I happened to meet an accident. It was a street accident. I caused me serious fracture at my backbone. My skull was also greatly wounded at its right side. I was completely senseless just after the accident occurred. When I got back my
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Joanne Casillas Advanced Legal Writing June 2‚ 2014 Gonzalez ex rel. v. Reno‚ 86 F. Supp. 2d 1167 (SD. Fla. 2000) Facts: The parties in this case are Elian Gonzalez with Lazaro Gonzalez and Attorney General Janet Reno. In November 25‚ 1999 the United States Coast Guard intercepted two fishermen who had rescued five- year- old Elian Gonzalez floating on an inner tube in the Atlantic Ocean off the coast from Florida. Elian’s mother had died during the voyage from Cuba to
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HELMER et al. v. RUMARSON TECHNOLOGIES‚ INC. (two cases) Court of Appeals of Georgia‚ 2000. 245 Ga. App. 598‚ 538 S.E.2d 504 FACTS Rumarson Technologies‚ Inc. (RTI) sued Robert and Percy Helmer to collect from them personally $24‚965 owed to it by Event Marketing‚ Inc. (EMI) when EMI’s check to pay RTI bounced. Robert and Percy Helmer were authorized signatories on EMI’s corporate account‚ and they signed the check. RTI argued that as signatories they could be held personally liable. The lower
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Jarad was an interesting case. Jarad was charged with attempted murder. He shot at a female and left her paralyzed. He ended up getting 120 years at a young age of 16. I think with him being so young his case could have been handled differently. I think when it comes to our courts‚ we should do better with dealing with teens. I think instead of giving juveniles life sentences at such a young age we should start to work with the teens to rehabilitate he/she. In Jarad case I think the courts should
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The Private Movie Co.‚ Inc. v. Pamela Lee Anderson et al. 1. What are the facts? The Private Movie Company (Efraim) sued Pamela Lee Anderson for $4.6 million for walking away from oral and written contracts. The defendant (Anderson) claims to have agreed to the contracts on the stipulation that the script would be revised concerning nudity and simulated sex scenes‚ and upon reading the final script and seeing simulated sex scenes still included‚ walked out. 2. What is the legal issue? The
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car had slammed head on into a green van right in the middle of the large intersection. Shattered windscreen glass was strewn all over the junction and the passers-by crowded round the scene. I saw one girl rushing to the telephone to report the accident. For a minute or two‚ nothing happened. Then‚ a man got out of the green van. His van was completely smashed in on the side of the collision. He looked shaken and furious. He walked over to the yellow car only to find that the driver was unconscious
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