...for the Common Pleas Court, Domestic Relations Court and Municipal Court. Two of the judges, Patrick Dinkelacker and Timothy Hogan served in two different courts during the three year study period. This report will show the efficiency of all 38 judges as a whole and as individuals. There were 182,908 total cases disposed during the study with 2,368 were appealed and 320 decisions being reversed. Based on the data provided in the Hamilton County Judges study the following probabilities were found: A. Common Pleas Court disposed 43,945 cases disposed equaling 24% 1,762 cases appealed equaling 4.01% 199 cases reversed equaling .49% B. Domestic Relations Court 30,499 cases disposed equaling 17% 106 cases appealed equaling 3.36% 17 cases reversed equaling .06% C. Municipal Court 108,908 cases disposed equaling 59% 500 cases appealed equaling .44% 104 cases reversed equaling .09% Court Cases Common Court 24% Municipal Court 59% Domestic Court 17% Distribution of Total Cases Disposed by Court The probability of appeal by judge for each court is as follows: A. Common Pleas Court Judge Fred Cartolano Thomas Crush Patrick Dinkelacker Timothy Hogan Robert Kraft William Mathews William Morrissey Norbert Nadel Arthur Ney Jr. Richard Niehaus Thomas Nurre John O'Connor Robert Ruehlman J. Howard Sundermann Jr. Ann Marie Tracey Ralph Winkler B. Domestic Relations Court Judge Penelope Cunningham Patrick Dinkelacker Deborah Gaines Ronald Panioto C. Municipal Court Judge Mike Allen Nadine...
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...Court Issues Analysis CJA 394 August 06, 2012 Court Issues Analysis The court and court administrators are faced with numerous issues on a daily basis; everything from the crimes being committed, the language barriers, victims’ rights, and budget related issues just to name a few. The language barrier issue is one of the major challenges faced by the criminal justice system and administrators. The Administrative Office establishes the standards and guidelines for selecting and using interpreters in federal court proceedings (Interpreters Act 1978). Issues Courts and Administrators Face Perhaps the issues courts and administrators face in the courts today is the congestion, backlog, and delay in cases awaiting proceedings. This is a serious issue for courts and administrators in that due to the growing backlog cases may not receive the best of the justice system. Administrators may find themselves rushing through cases to get as many cases processed as possible. This can result in mistakes being made because the courts are not designed to function under such pressures and therefore errors occur in what is referred to as the assembly-line-justice (Stevens, 2004). Because of the stress prosecutors are under cases are dropped without a reason, this is known as nolle prosqui, according to The Free Dictionary it means "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either...
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...Business law Glossary Chapter 1 stare decisis “let the decision stand”; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future. administrative regulations rules made by state and federal administrative agencies. case law law that includes principles that are expressed for the first time in court decisions. common law the body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts. constitution a body of principles that establishes the structure of a government and the relationship of the government to the people who are governed. duty an obligation of law imposed on a person to perform or refrain from performing a certain act. equity the body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England. law the order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them. precedent a decision of a court that stands as the law for a particular problem in the future. private law the rules and regulations parties agree to as part of their contractual relationships. procedural law the law that must be followed in enforcing rights and liabilities. right legal capacity to require another person to perform or refrain from an action. right of privacy...
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...for Mr. Podolski: R.C. Claus, M. Jetté, G. Docolas Counsel for Mr. O’Donnell: G. Orris, Q.C., C.L. Bauman Counsel for Mr. Manolakos: R.A. (Sandy) Ross, P. Doherty, A. Rinaldis Counsel for Mr. Brownell: C.R. Purves, B.L. Hickford, J. Mills Brief Summary of Trail This trail took place in Courtroom 20 in the B.C. Supreme Court where every visitor was required to pass through a security check. The case involves three homicides done 5 years ago by five members of an alleged Vernon, B.C. drug gang dubbed The Greeks (Organized crime group). The alleged gangsters are being represented by 15 lawyers, 5 more than the Crown prosecution team. Among the 5 accused, Dale Sipes, Les Podolski and Sheldon O'Donnell have been charged with the first-degree murder of Dave Marnuik and none of them have pleaded guilty. Due to the seriousness of the case and lengthy court proceedings, the trail is expected to last until July of 2012. From our observation, the lawyer represented Crown (plaintiff) began direct examination of a girl(witness) who claimed to have seen the defendants return to the apartment that she was living in. Crown’s lawyer asked her if she did truthfully report to the police officer what she saw and accurately draw the diagram of the location. We did not see any of the defendants giving opening statement and been examined....
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...CPLR 5015(a) is a frequently invoked provision in New York practice. It lists the principal grounds on which a judgment or order may be vacated. It provides (verbatim) that “[t]he court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the court may direct, upon the ground of: * 1. excusable default, if such motion is made within one year after service of a copy of the judgment or order with written notice of its entry upon the moving party, or, if the moving party has entered the judgment or order, within one year after such entry; or * 2. newly-discovered evidence which, if introduced at the trial, would probably have produced a different result and which could not have been discovered in time to move for a new trial under section 4404; or * 3. fraud, misrepresentation, or other misconduct of an adverse party; or * 4. lack of jurisdiction to render the judgment or order; or * 5. reversal, modification or vacatur of a prior judgment or order upon which it is based.” Siegel, N.Y. Prac. § 426 (5th ed.) Not Every “Default” Qualifies for the Vacatur Motion of CPLR 5015(a)(1); If There Was Full Contest, Appeal Is Proper Route The point is by no means new. We make it in the original Commentary at page 209 in the main volume. A good illustration of the competition between a CPLR 5015(a)(1) motion to vacate the judgment and an appeal from the judgment appears...
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...Dear Friend, I am writing to answer your questions. The failure to Mirandize you will not result in dismissal of your case. The police are not required to Mirandize you until before you are interrogated. Once you were taken into custody and before you are questioned they must provide you with the Miranda warnings. In order to have your case dismissed on the grounds of failure to Mirandize, the court would have to find that your Miranda rights were violated. Any evidence obtained from your statements without being Mirandized could be suppressed. Once you have been Mirandized any statements you make will and can be used against you. You should not engage in any conversations with the police without legal representation. Any statements you may have made prior to the Miranda rights being given to you can be used in court. Legal representations will ensure that you are not answering questions that may hurt your case. I did some research on your particular case. In that research I uncovered several similar instances. One such instance involved a homeless single mother named Tanya McDowell. Tanya was arrested for registering her son using her babysitters address. Tanya was charged with first degree larceny and conspiracy to commit first degree larceny. She is facing up to 20 years in prison along with a $15,000 fine to repay educating costs (Khalek, 2011). Tanya McDowell was sentenced to 12 years in prison but the judge suspended 7 years of the sentence. She will serve five years...
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...avoid the stress involved in judicial cases on marriage assets. He conceptualizes prenuptial agreements as a great way to avoid unnecessary anxiety, stress and expenses of judicial proceedings[2]. I totally agree with his concepts on and base my essay on the support of his notion. The uniqueness of this case is that there was a prenuptial agreement and yet there still was a court case. This was because the prenuptial agreement was signed in another country and it legitimacy was being contested. Not only have that different countries had different rules on these contracts. Marriage and civil partnerships require a prenuptial agreement to justify the mind set the couple were in the time of commitment. In case of separation, the prenuptial agreements re not so weighty in a court of law. It is in fact a lee way that assists the judges provide a ruling based on the evidence of an agreement at marriage[3]. This is physical evidence of what inspired during the time they agreed to get married. The agreement is aimed to protect family assets and ensure a proper future for the children in case separation. The court makes the final decision guided by the prenuptial agreement and the current issues leading to the separation. It will also consider the welfare of both parties and the children in its ruling. The prenuptial agreement also assists in pre-empting matters prior to separation. The disparity of wealth may be preserved if divorce is inevitable. In several states in the United States...
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...committed. The person suspected of the crime will be charged. Once charged, the suspect is called the defendant (Blaine County Idaho 2013:1). “Once it has been determined that there is probable cause to show that a crime was committed, the investigating agency makes an arrest of the Defendant, or the Courts will issue a warrant for the Defendant's arrest. The Court may also issue a summons requiring the Defendant to appear in Court at a particular time and date (Blaine County Idaho 2013:1).” The defendant is advised of their rights and is given an opportunity to plead guilty or not guilty. After the arraignments, but before trial there will be court hearings, during this time a pre-trial conference is held before court prior to the commencement of actual courtroom proceedings (Blaine County Idaho 2013:2). The defendant may be appointed a public defender if they cannot afford an attorney on their own, then there will be a plea bargain between the defense attorney or the public defender assigned to the case. The defendant will then go to a trial where they are afforded a chance to defend him or herself against the charges brought by the State at a jury trial or court trial. If the defendant is found guilty of the crime then they will be convicted. Once a Defendant has plead guilty or been convicted of the charges against them they will be sentenced...
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...Enquirer, January 11, 1998 ). Shown in Table 2.5 are the results for 182,908 cases handled (disposed) by 38 Judges in Common Pleas Court, Domestic relations Court, and Municipal Court. Two of the judges (Dinkelacker and Hogan) did not serve in the same court for the entire three-year period. The purpose of the newspaper’s study was to evaluate the performance of the judges. Appeals are often the result of mistakes made by judges, and the newspaper wanted to know which judges were doing a good job and which were making too many mistakes. You have been called in to assist in the data analysis. Use your knowledge of probability to help with the ranking of the judges. You also may e able to analyze….. TABLE 2.5 CASES DISPOSED, APPEALED, AND REVERSED IN HAMILTON COUNTY COURTS Common Pleas Court Judge Total Cases Disposed Appealed Cases Reversed Cases Fred Cartolano 3,037 137 12 Thomas Crush 3,372 119 10 Patrick Dinkelacker 1,258 44 8 Timothy Hogan 1,954 60 7 Robert Kraft 3,138 127 7 William Mathews 2,264 91 18 William Morrissey 3,032 121 22 Norbert Nadel 2,959 131 20 Arthur Ney, Jr. 3,219 125 14 Richard Niehaus 3,353 137 16 Thomas Nurre 3,000 121 6 John O’ Connor 2,969 129 12 Robert Ruehlman 3,205 145 18 J. Howard Sundermann 955 60 10 Ann Marie Tracey 3,141 127 13 Ralph Winkler 3,089 88 6 Total 43,945 1,762 199 Domestic Relations Court Judge Total Cases Disposed Appealed Cases Reversed Cases Penelope Cunningham 2,729 7 1 Patrick Dinkelacker...
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... The four characteristics are completeness, conciseness, clarity, and accuracy. As stated in the textbook “A report may contain all the necessary information, but if it is poorly written, points may be lost in the prose” (P.189). Simply put, if it doesn’t contain all the key elements your report could otherwise become useless. The first characteristic of a well written report is its completeness. “Completeness means that the report contains all pertinent information” (P.190). Officers have a series of questions they should ask themselves before handing in a report to make sure that it is complete. Reports should contain any and all relevant information so that your report leaves no open questions whether it by a fellow officer or the court. Having all the necessary information in the report will show what actions were taken and it helps to avoid wasted time and effort of having to do it all over again. E-mail addresses have become important in report writing since it is the easiest way to deliver a statement to an officer. “An Added Benefit is that e-mail interviews can be printed out and attached to the supplementary report” (P.190). The importance of the completeness of a written report is crucial due to it needing every detail that was crucial to the investigation. The next characteristic of a well written report is its conciseness. “Reports should be as concise as possible while retaining all essential features and details in an understandable manner” (P.190). This characteristic...
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...judges over a three-year period. The data is in the file Judge. It contains results for 182,908 cases handled (disposed) by 38 judges in the Common Pleas Court, Domestic Relations Court and Municipal Court. Two of the judges (Dinkelacker and Hogan) did not serve in the same court for the entire three year period. The purpose of the newspaper’s study was to evaluate the performance of the judges. Appeals are often a result of mistakes made by the judges, and the newspaper wanted to know which judges were doing a good job and which were making too many mistakes. You are called on to assist in the data analysis. Use your knowledge of probability and conditional probability to help with the ranking of judges. You may be able to analyze the likelihood of appeal and reversal for cases handled by different judges. Managerial Report: Prepare a report with your rankings of the judges. Also, include an analysis of the likelihood of appeal and case reversal in the three courts. At a minimum, your report should include the following: 1. The probability of cases being appealed and reversed in the three different courts. 2. The probability of a case being appealed for each judge. 3. The probability of a case being reversed for each judge. 4. The probability of reversal given an appeal for each judge. 5. Rank the judges within each court. State the criteria you used and provide a rationale for your...
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...Innocent Criminal – Woolmington v DPP The legal maxim of ‘innocence until proven guilty’ was not uniquely established prior to the decision of this case. It is only reasonable for a person charged with an offence to not have to prove innocence. The onus is on the Crown to prove beyond reasonable doubt the guilt of the accused whom only need only raise after presentation of evidence, reasonable doubt of his guilt .Even if this explanation is not accepted, but reasonable doubt remains, the accused is to be acquitted. Relevant material facts The appellant, Mr Reginal Woolmington, 21, was married to Mrs Violet Kathleen Woolmington, 17. On November 22nd 1934, Mrs Woolmington left the appellant’s house to live with her Mother, Mrs Lillian Smith. Despite the appellant’s pleas for her to return to live with him, Mrs Woolmington would not. Next door to Mrs Smith lived her sister, Mrs Brine. During the morning of the 10th of December 1934, Mrs Brine discovered her niece, Mrs Woolmington lying on the kitchen floor of Mrs Smith’s house, shot through the heart, deceased. Mrs Brine gave evidence, for the following sequence of events. Mrs Brine heard and recognised, the appellants voice challenging to the gist of ‘are you going to return home?’ Mrs Brine also detailed hearing the back door of next door being slammed shut, and then after a muffled voice, coming from inside Mrs Smith’s house. She then heard the discharge of a gun. Upon hearing this she then looked out the front of her...
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...A comparison of Between Juvenile and Adult Courts When comparing adult court to juvenile court, there is a surprising abundance of difference. “ Criminal and Juvenile courts sentencing practices work at a cross –angle and sometimes frustrates the system rather than harmonize the social control of chronic and serious juvenile offenders as they proceed between the two systems” ( Juveniles in the adult system, criminal court careers of waived juveniles, 2011). After further examination, I have found several differences between the adult courts, and that of the juvenile courts. This may be deemed irrelevant, but when an individual is facing charges in a juvenile court, this individual is referred to as a child, however, this is not so in an adult court. A juvenile court case is considered to be a civil proceeding, an adult court case is immediately deemed criminal. Do limits to the types of punishments exist for juveniles? Yes. For one thing, they are not allowed to be sentenced to death for heinous crimes, different actions can be taken. For instance some cases are transferred to adult court through a process called a ‘waiver.’ This is when a judge “waives the protection.” (Kathleen Michon, nolo.com J.D). A juvenile tried in an adult court will give that individual more of a constitutional advantage and protection along with distinct disadvantages. References: Champion, D. (2007). The juvenile justice system: delinquency, processing, and the law. (5th ed.). Upper Saddle River...
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...HADLEY v http://www.scu.edu/law/FacWebPage/Neustadter/e-books/abridgedcontra... Hadley v Baxendale 9 Exch. 341, 156 Eng.Rep. 145. (Court of Exchequer, 1854) At the trial before Crompton, J., at the last Gloucester Assizes, it appeared that the plaintiffs carried on an extensive business as millers at Gloucester; and that on the 11th on May, their mill was stopped by a breakage of the crank shaft by which the mill was worked. The steam-engine was manufactured by Messrs. Joyce & Co., the engineers, at Greenwich, and it became necessary to send the shaft as a pattern for a new one to Greenwich. The fracture was discovered on the 12th, and on the 13th the plaintiffs sent one of their servants to the office of the defendants, who are the well-known carriers trading under the name of Pickford & Co., for the purpose of having the shaft carried to Greenwich. The plaintiffs' servant told the clerk that the mill was stopped, and that the shaft must be sent immediately; and in answer to the inquiry when the shaft would be taken, the answer was, that if it was sent up by twelve o'clock any day, it would be delivered at Greenwich on the following day. On the following day the shaft was taken by the defendants, before noon, for the purpose of being conveyed to Greenwich, and the sum of 2l. 4s. was paid for its carriage for the whole distance; at the same time the defendants' clerk was told that a special entry, if required, should be made to hasten its delivery. The delivery of the shaft...
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...encountered an arbitration clause in a contract and wondered what it is and whether you should be happy or upset about this clause. Or a colleague may have suggested to you that you include an arbitration clause in a contract, and you are wondering why this would benefit you. Arbitration as a process is very different from the process of litigation (trying cases in court), for business disputes. Here is a listing of the differences Public/Private, Formality The arbitration process is private, between the two parties and informal, while litigation is a formal process conducted in a public courtroon. Speed of Process The arbitration process is fairly quick. Once an arbitrator is selected, the case can be heard immediately. In a civil litigation, on the other hand, a case must wait until the court has time to hear it; this can mean many months, even years, before the case is heard. Cost of the Process The costs for the arbitration process are limited to the fee of the arbitrator(depending on the size of the claim, expertise of the arbitrator, and expenses), and attorney fees. Costs for litigation include attorney fees and court costs, which can be very high. Selection of Arbitrator/Judge The parties in the arbitration process decide jointly on the arbitrator; in a litigation, the judge is appointed and the parties have little or no say in the selection. The parties may have some say in whether a case is heard by a judge or a jury. Use of Attorneys Attorneys may represent the parties...
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