...Georgia Court of Appeals Abstract This paper is about my experience at the Georgia Court of Appeals in Atlanta Georgia. It is also about the judges, its symbol and what an appeal court actually is V. other courts in the criminal justice system. The history of Georgia Court of Appeals; The Court of Appeals has statewide appellate jurisdiction of all cases except constitutional questions, land title disputes, the construction of wills, murder, election contests, habeas corpus, extraordinary remedies, divorce and alimony and cases where original appellate jurisdiction lies with the superior courts. The Court of Appeals of Georgia certifies legal questions to the Supreme Court. The first courtroom cases were held in an courtroom in the afternoon while in the morning the supreme court would hold their cases before the appeals. These were continued for a while but would be held on separate days. In 1956, a motto was created and engraved on a marble wall behind a bench. This motto stated: "Upon the integrity, wisdom and independence of the judiciary depend the sacred rights of free men." Later there was a first lady judge by the name of Dorothy Toth who changed it to "Upon the integrity, wisdom and independence of the judiciary depend the sacred rights of free men and women." At a point and time, the Chief Judge was elected by the Court and served in that capacity at the pleasure of the Court. Chief Judge is then rotated; they are rotated for about a two-year term and upon the...
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...Kentucky Court Of Appeals No.2011-CA-000187 (On appeal Jefferson Circuit Court, No.2011-CR-000187) Justin Meyers V. Commonwealth Of Kentucky Brief of Appellant, Justin Meyers Brittney H. Moran Moran Law Office 920 Samuel Street, Suite10210 Louisville, Kentucky 40204 Certificate of Service Undersigned certifies that the copy of this Brief of Appellant has been served by first class mail, on Sherry D. Hall, Counsel for the commonwealth Of Kentucky at 600 Market Street, Suite 1002 and Jake M. Moore, Clerk of Jefferson Circuit Court, at 700 West Jefferson Street, Louisville, Kentucky 40202. “INTRODUCTION” This is an appeal of ruling on suppression motion. Appellate was tried by a jury and found guilty of possession of a controlled substance, drug paraphernalia, and first degree murder. Appellate appeals a ruling to allow a motion to suppress evidence found during the search warrant, stating the bloody handkerchief was illegally seized which subsequently led him to being charged with murder. A”STATEMENT CONCERING ORAL ARGUMENT” Appellant request that there no oral arguments because the issues presented in this case are not complex and the court will not benefit from the ability to question counsel. A”STATEMENT OF THE CASE” On November 16, 2010, a search warrant was served to have the premises at24870 Lake View Place Apartment 17, Centerville, searched. This apartment was suspected to be occupied by the defendant. The search warrant allowed law enforcement...
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...In this appeal, we address the validity of a contempt order issued by the Circuit Court for Baltimore County imposing sanctions upon Kearay Miller (“Miller”), appellant, for disruptions to a sentencing hearing caused by Miller’s cell phone. On appeal, Miller raises two questions for our review, which we have reordered and rephrased slightly as follows: 1. Whether the circuit court erred in holding Miller in direct criminal contempt when his cell phone rang during his brother’s sentencing hearing. 2. Whether the Court of Special Appeals should reduce Miller’s sentence for direct criminal contempt. For the reasons set forth herein, we shall reverse the judgment of the Circuit Court for Baltimore County. Because we answer Miller’s first question in the affirmative, we...
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...Outline the criminal courts and appeal system. (10 marks) The courts of first instance in the criminal court hierarchy are the Magistrates’ Court and the Crown Court. The Magistrates’ Court conducts trials of both summary and either-way offences that are to be tried summarily, such as theft, while the Crown Court deals exclusively with serious criminal cases, trying indictable offences such as murder, or either-way offences which are to be tried on indictment, such as theft. In the event that a party to a case wishes to appeal against the conviction or sentence awarded by the Magistrates’ Court, the case is then heard on appeal by the Crown Court. Cases can also be heard on appeal from the Magistrates’ Court by the High Court (Queen’s Bench Division) by way of case stated on point of law. Cases heard in either the High Court or Crown Court are all heard on appeal at first by the Court of Appeal (Criminal Division) and then to the Supreme Court, which is the final court of appeal available. Appeals from the Crown Court, which are heard by the Court of Appeal, can be due to several grounds, including misdirection of law or facts and jury irregularity. The Court of Appeal has the power to quash convictions or even order a new trial. Each criminal case is sent to the Magistrates’ Court at first, for either bail hearings to be conducted or plea entry hearings. Where the offence charged is an indictable offence, a Magistrates’ Court will conduct sending for trial hearings...
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...Report on E evidence admissibility issues in the case of HAWKINS v. THE STATE. Court of Appeals of Georgia. MEMORANDUM Subject: E evidence admissibility issues Using an online data base or an internet search engine, search for a situation in which an electronic device or recorder implicated someone of a crime or wrong doing. Write a report on the E evidence admissibility issues in the case. In your report, describe how that evidence was discovered and retrieved by law officers or computer forensic experts MEMORANDUM Subject: E evidence admissibility issues Here is the report you requested on E evidence admissibility issues on a case that involved the use of electronic device or recorder which implicated someone of a crime or wrong doing. I am confident that the knowledge gleaned from this report will be invaluable. Table of contents | Memo of authorization | 1 | Memo of transmittal | 2 | Executive summary | 4 | 1 Introduction | 4 | 1.1 Purpose | 4 | 1.2 Scope | 4 | 1.3 Method | 4 | 1.4 Limitations | 5 | 1.5 Assumptions | 5 | 1.6 Background | 5 | 2 Findings | 7 | 3 Discussion | 7 | 4 Conclusion | 10 | References | 11 | Executive summary This report looks at the admissibility issues pertaining to a case that involved the use of an electronic device by the state to implicate and subsequently convict a perpetrator of a crime. The defendant on conviction sought a judicial review of the lower court’s ruling. At...
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...JURISDICTIONAL STATEMENT APPELLANT LISA KAY BRUMFIEL (“Brumfiel”), appeals all Orders of Judge Pratt’s beginning with the Order applying the CAPP program through the Order Granting CLG Attorney’s fees. All orders are final (Rule 54(b)). The Appeal, subject to C.A.R. 31(c) and C. A. R. 28(a), RT=Reporters Transcript; AA: =Appendix; Ad: =Addendum (Orders attached to brief). II. STATEMENT OF ISSUES A. Whether the court erred in concluding that Brumfiel failed to state a claim under 12(b) (5); and concurrently that defendant lacked standing. B. Whether the Statute of Limitation of 1 year was tolled under the Continuing injury Doctrine in Brumfiel’s FDCPA claim. C. Whether the court erred in denying Brumfiel’s Motion to Dismiss on grounds that the Trust had standing to foreclose and denying her defenses including constitutional defense. D. Whether the Court erred Granting Plf’s Summary Judgment, where the Trustee’s status as holder was disputed as sufficient to foreclose. E. Whether the Court erred by holding that Brumfiel may not, as a non-party, challenge an assignment or agreement. F. Whether the court committed error by applying the Civil Access Pilot Program (CAPP) to Defendant’s foreclosure. G. Whether the court abused its discretion by making rulings on evidence that denied her a chance to tell her side, and withholding excess proceeds from the sale. H. Whether the plaintiff waived any deficiency judgment. 1 I. Whether the court erred by granting the CLG attorney’s fees from an Untimely...
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...DE LA SALLE UNIVERSITY Graduate School of Business Master of Business Administration Business Law Case 3 GSIS vs. Court of Appeals Submitted by: Liao, Weiqin Facts of the case • National Food Authority (NFA, formerly National Grains Authority) was the owner of a Chevrolet truck which was insured against liabilities for death of and injuries to third persons with the GSIS. • On May 9, 1979, at about 7:00 in the evening at Tabon-Tabon, Butuan City, the said truck driven by Guillermo Corbeta collided with a public utility vehicle, a Toyota Tamaraw. The Toyota Tamaraw was owned and operated by Victor Uy, under the name and style of “Victory Line”. The Tamaraw was a total wreck. • The Toyota Tamaraw insurer was Mabuhay Insurance and Guaranty Co. (MIGC). • The truck crossed over to the other lane, its left front wheel was detached and the truck traveled for about fifty (50) meters and fell into a ravine. • All the collision victims were passengers of the Toyota Tamaraw. Five (5) passengers died while ten (10) others sustained bodily injuries. Among those injured were private respondents, Victoria Jaime Vda. de Kho and Gloria Kho Vda. de Calabia. Among the dead were Maxima Ugmad Vda. de Kho, Roland Kho and Willie Calabia, Sr. Legal Problems • First Case (Civil – Case No. 2196) June 5, 1979 o Uy against NFA and Corbeta due for quasi-delict, damages and attorney’s fees • Second Case (Civil – Case No. 2225) August 27...
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...Supreme Court The Supreme Court sits as a UK court when taking on civil case as it listens to 70 cases a year, mostly civil, which include some cases from Northern Ireland and Scotland. The majority of the civil cases are linked with tax law. On rare occasions a case can leap-frog from high court to Supreme Court but if not then the majority of the appeals come from the court of appeal or Scottish Court of Session. Leave to appeal to the Supreme Court must be granted by the lower court; this is usually court of appeal or by two justices. Only cases that raise a point of law of general public will be heard here. The Supreme Court will also hear criminal cases as well as civil. Court Of Appeal Civil Division The civil division of the court of appeal mainly hears appeals that came from the high court but on occasion it will hear cases from multi-track actions that have come from county court. The court will occasionally get appeals about the amount of damages awarded e.g. libel cases. Most appeals will concern a question in law. Leave to appeal must be agreed to by the lower court or by the Court of Appeal itself. The court of appeal can uphold or reverse the lower court’s decision. Criminal Division This division is presided over by Lord...
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... |England and Wales Court of Appeal (Civil Division) Decisions | | |[pic] | |You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Merritt v Merritt [1970] EWCA Civ 6 (27| |April 1970) | |URL: http://www.bailii.org/ew/cases/EWCA/Civ/1970/6.html | |Cite as: [1970] 1 WLR 1211, [1970] EWCA Civ 6, [1970] WLR 1211, [1970] 2 All ER 760 | |[pic] | [New search] [Buy ICLR report: [1970] 1 WLR 1211] [Help] [pic] JISCBAILII_CASE_CONTRACT | | |Neutral Citation Number: [1970] EWCA Civ 6 | | | |Case No.: | IN THE SUPREME COURT OF JUDICATURE. COURT OF APPEAL. | | |Royal Courts of Justice ...
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...Michael Rhinehimer v. U.S. Bancorp Investments, Inc. LEG 500- Law, Ethics, and Corporate Governance 24 January 2016 Numerous companies have been exposed by their employees for many instances such as wrong-doing within an organization, misconduct in the workplace, dangers, corruption, etc. These employees are known as whistleblowers, people who reveals a company internally or externally about their unethical practices. In the case of Rhinehimer vs U.S. Bank, there are allegations that the bank let an employee practice unsuitable investments upon an elderly client. Witnessing an act that is morally wrong and deciding to confront it is how whistleblowers are formed. We will examine key characteristics of whistleblowers, the case of Rhinehimer, the actions of the whistleblower, and a whistleblower’s protection under the Sarbanes-Oxley Act. Michael Rhinehimer was an advisor and certified financial planner at the U.S. Bank in Newport, Kentucky. He had to take medical leave in August 2010 and left Patrick Harrigan, another CFP, in charge of his accounts. Rhinehimer warned Harrigan not to take advantage of the elderly clients because some had declining mental capabilities. Rhinehimer’s caution was dismissed. Correia (2015) explains what happened: Harrigan had persuaded a 94-year old elderly client to invest a total of $900,000 in two mutual funds that soon lost money and resulted in substantial penalties for the client. The two transactions, however, generated significant commissions...
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...she’s unwilling to return to Bohemia due to the persecution on account of her membership in her husband’s family. FACTS The alien Margo Zephra is a native and citizen of Bohemia. She has been married to her husband for 22 years. Mrs. Zephra’s husband, Aldous Zephra was employed as a driver in Bohemia by a criminal Claudio Bellini. The U.S. government recruited Mr. Zephra as a material witness in its persecution of Bellini and granted Mr. Zephra temporary status in the U.S. to serve as a witness. However, Bellini escaped U.S. custody, and so the U.S. government deported Mr. Zephra back to Bohemia. Once back in Bohemia, Bellini announced his plans to target Mr. Zephra because Mr. Zephra had planned to testify against Bellini in the U.S. courts. Bellini sent members of his crime gang to Mr. Zephra’s home, kidnapped Mr. Zephra and his brother, then beat and shot Mr. Zephra. Mr. Zephra survived but spent months recovering...
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...Contracts -- INTERNATIONAL COLLEGE OF BUSINESS AND TECHNOLOGY -- 14 ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Individual Assigment -Stephani Jayarathne- BTEC EDEXCEL HND DIPLOMA IN BUSINESS (MANAGEMENT & HUMAN RESOURCES) OFFERED BY INTERNATIONAL COLLEGE OF BUSINESS AND TECHNOLOGY ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS STEPHANIE JAYARATHNA BMK 31 ICBT KANDY CAMPUS SUBMITED TO: MRS KANCHANA LIYANAPATHIRANA 2013/07/21 Acknowledgement. It is with great pleasure I'm extending my sincere gratitude to my lecturer Mrs. Kanchana Liyanapathirana for the excellent support and guidance given to me in completing this assgiment successfully within the given period of time. I also would like to thank her for showing us some example that related to the questions of our assignment. The encouragement & cooperation given are always remarkable. Thank you! Executive Summary Table of contents Table of Contents Acknowledgement. 3 Executive Summary 4 Table of contents 5 Table of Figures 5 Task 01 6 1.1 Essential Elements of a Contractual Document. 6 1.2 Different Types of Contracts in the Business Field 9 1.3 Contractual Terms 10 Task 02. 11 2.1 Postal Rule 11 Reference 12 Table of Figures Figure 1 Employment contract document 8 Task 01 1.1 Essential Elements of a Contractual Document. A valid contract has the following elements. All of are required for a valid contract. 1. A valid offer and acceptance ...
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...daughter participates in that daily exercise. Because the Pledge contains the words "under God," he views the School District's policy as a religious indoctrination of his child that violates the First Amendment. A divided panel of the Court of Appeals for the Ninth Circuit agreed with Newdow. In light of the obvious importance of that decision, we granted certiorari to review the First Amendment issue and, preliminarily, the question whether Newdow has standing to invoke the jurisdiction of the federal courts. We conclude that Newdow lacks standing and therefore reverse the Court of Appeals' decision (Findlaw, n.d.). Summary of Court Case Petitioner school district requires each elementary school class to recite daily the Pledge of Allegiance. Respondent Newdow's daughter participates in this exercise. Newdow, an atheist, filed suit alleging that, because the Pledge contains the words "under God," it constitutes religious indoctrination of his child in violation of the Establishment and Free Exercise Clauses. He also alleged that he had standing to sue on his own behalf and on behalf of his daughter as "next friend." The Magistrate Judge concluded that the Pledge is constitutional, and the District Court agreed and dismissed the complaint. The Ninth Circuit reversed, holding that Newdow has standing as a parent to challenge a practice that interferes with his right to direct his daughter's religious education, and that the school district's...
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...BU 301 Walmart Stores, Inc v. Dukes On March 29, 2011, a case was brought to the United States Supreme Court. The case was Walmart Stores, Inc. v. Betty Dukes. This case was an appeal from the Ninth Circuit’s, which that court ultimately by narrow 5-4 decision, affirmed the district court’s decision to certify a class action lawsuit. The plaintiff class included 1.6 million women who currently work or previously worked for Walmart stores, which included Betty Dukes as the lead plaintiff. Dukes and the other employees claimed gender discrimination in pay and in promotion policies and practices in Walmart stores. Walmart is the nation’s largest private employer. The company operates more than 3,500 stores and more than one million employees at their stores. Pay and promotion decisions at Walmart are generally delegated to local mangers’ broad discretion alike any other company. In every Walmart there is a policy against discrimination in making employment decisions. Betty Dukes, a 54 year old woman at the time, was a current employee at Walmart in California. In 2000, she alleged sex discrimination. Betty Dukes had worked there for six years and had positive performance reviews. She was denied in training that she needed for advancement to a higher salaried position. Walmart and Dukes quarreled with a female Walmart supervisor and was restraint for returning late from lunch breaks in the past. Three individual plaintiffs, who were employees of Walmart joined together...
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...ACCOUNTING 6314 Research Project Dr. DYE Emily M. Evans 8/3/2012 This Research Project observes a case that goes from Tax Court to the Tenth Circuit of Appeals and the results of the case. It takes a look at the different sides and the support they brought. The Tenth Circuit Appeals Court hears both tax and non tax appeals. Once it makes a decision, that decision in most cases represents the final authority since the US Supreme Court hears so few cases annually. The following case discussed is very interesting because the Tenth Circuit of Appeals Court’s opinion was based on cases with the same issue, but very different circumstances and taxpayers. Background A husband and wife, Milo and Sharyln Shellito operated a farm in Kansas for over twenty years. They both worked full time on the farm for that time. The land was mainly owned by third parties, but they leased the land to Milo. Milo and Sharyln decided to purchase a business plan in 2001. It was called AgriPlan/BizPlan. In it was included a preprinted medical reimbursement plan. Milo and Sharyln relied on their accountant on the implementation of the plan. Their accountant recommended that Sharyln become an employee of the husband and be given a monthly salary of one hundred and reimbursements for both medical expenses and health insurance premiums. A log was kept of her hours to show she worked full time, but her duties and daily activities were not recorded. Milo...
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