...Hamilton County Judges Effectiveness Study Prepared by Team 32 Prepared for Dr. Norman Lewis BA 2300 Statistics 1 This study is designed to provide the efficiency status of 38 Hamilton County Judges. The study looked at the number of cases disposed, appealed and reversed. The information gathered is from data 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...
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...Title UNITED STATES V. CURLIN Citation U.S. App. LEXIS 8426 (7th Cir. 2011 Unpub.) UNITED STATES of America, Appellee, V. Marcus CURLIN, Appellant No. 10-3033 History Marcus CURLIN was ordered by the Small Claims Court judge to vacate the property due to failure to pay rent. At the time of the eviction the deputies observed firearms in the house and Curlin was charged with possession of firearms due to earlier felony convictions which bar him from owning firearms. The defendant attempted to suppress the evidence on the plain-view doctrine and the violation of privacy, under the 4th Amendment to the Constitution, as the deputies entered his premises without a search warrant. The Seventh Circuit Court affirmed the decision of the trial court by denying the motion to suppress. Facts On October 17th, 2008, Curlin’s landlord filed a small claim action against Curlin, seeking possession of Curlin’s leased residence for failure to pay rent. The Notice of the Claim for possession of Real Estate and Summons were served on Curlin by mail and by delivery to his residence, however Curlin failed to appear before the Court as ordered. Due to Curlin’s failure to appear, he was the served with a second notice to appear before Court on the next date but he again failed to appear. Small claim court entered a judgment in favor of landlord. The clerk of the court based on the order issued an eviction order, ordering Curlin to vacate the property on or before 6:00 p.m. on Nov...
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...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 the right to be free from unreasonable intrusion by others. statutory law legislative acts declaring, commanding, or prohibiting something. substantive law the law that defines rights and liabilities. Chapter 2 en banc the term used when the full panel of judges on the appellate court hears a case. voir dire examination the preliminary examination of a juror or a...
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...Date: 23rd Feb 2012 Judge: Mr. Justice Smart Names of Lawyers: Crown D.A. Jardine, P.M. Favell, S. Nahal Defendants Counsel for Mr. Sipes: M.K. Woodall, M.A. Nathanson, G. Ng Counsel 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...
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...designs. Apple and Samsung have filed similar lawsuits in eight other countries, including South Korea, Germany, Japan, Italy, the Netherlands, Britain, France and Australia. Samsung won a home court ruling Friday in the global patent battle against Apple. Judges in Seoul said Samsung didn't copy the look and feel of the iPhone and ruled that Apple infringed on Samsung's wireless technology. However, the judges also said Samsung violated Apple's technology behind the feature that causes a screen to bounce back when a user scrolls to an end image. Both sides were ordered to pay limited damages. The Seoul ruling was a rare victory for Samsung in its fight with Apple. Those arguments previously have been shot down by courts in Europe, where judges have ruled that they are part of industry standards that must be licensed under fair terms to competitors. The U.S. case is one of some 50 lawsuits among myriad telecommunications companies jockeying for position in the burgeoning $219 billion market for smartphones and computer tablets. RELATED STORIES South Korean court bans some Apple, Samsung products It’s a great time to buy an iPhone Trade commission finds Apple didn't violate 3 Motorola patents, sends 1 dispute back to judge RECOMMENDED STORIES Pharaonic princess's tomb found near Cairo, Egypt Military working on 'super vision' for US soldiers Catch cosmic triple threat lighting the sky this weekend...
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...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 and then another five years on probation (Khalek, 2011). The use of an address fraudulently knowing that you no longer reside at the address was meant to mislead the school that your child was enrolled in. This means that you as the parent made the decision to use an address dishonestly. The charge that you will be facing for this crime will be a state felony charge. Address fraud is a...
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...D. A., BREAKS JUDGES and OWN GAG ORDER [pic] D A Hollister [pic] Judge Ira R kaufman Gerald nichols was arrested back in april of this year and the judge Ira R Kaufman and d. a., David D Hollister of plumas county are allowed to take away his constitutional rights. his right to defend himself, because he (the judge) didn’t like gerald’s answers. at least 10 times on monday 22 of july 2013 i heard gerald ask the judge to keep his ‘pro per’ status and requested adequate counsel and the judge refused. Monday 22 july, gerald asked the judge about the gag order that the judge had implemented in his case on 16 july and two days later 24 july the d. a., released this story “man facing drug charges tests court’s patience before trial” and it is full of lies and discrepancies. i had went to the newspaper this last april and asked for this case to be investigated, but they refused, again i went on 23 of july 2013 and asked for the newspaper to investigate the judge, d.a., and the sheriff’s office in the crimes that they were committing, and to speak with gerald they refuse, but the story that d. a., Hollister had released about gerald was already in the newspaper. i have called all over the state of california for help for my son. i called the governors office, attorney general, doj, fbi, u.s. marshalls, highway patrol, and other law enforcement outside of this county of plumas california, and was told its not in their jurisdiction. i have also learned that...
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...lastly this paper will identify the role of the courts in the criminal justice system today. The courts are a part of the judicial branch in the three branches of government. This means that in this branch the laws are interpreted. Like the other two branches, it works to keep the criminal justice system running as smoothly as possible. The laws are make in the legislative branch and is enforced in the executive branch. The police are a part of the executive branch. So when some one breaks a law, the job of the police, executive branch, is to arrest or ticked said offender. After an arrest or a citation or ticket is made, the next step is the court proceedings. In a case that an arrest is made, the offender is brought in front of a judge and bail is set. After that, if need be, the case is brought to prosecution. If the prosecution takes that case, then the case is put on trial. This is important because it shows just what the judicial part of government and the court part of the criminal justice system does, and why it is important. So the court systems job is to interpret the law and bring justice. The dual court system is a system in that there are state courts and federal courts. Most federal cases deal with international crimes. Such as drug smuggling and arms smuggling. But this is not just what the federal courts deal with. They also deal with issues such as federal tax laws and issues with rights. An example of federal case dealing with rights are Row vs...
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...proceed a charging document with a lower court this is accusing the arrestee of committing the crime. Reviewing chargest- the judge in the lower court doesn’t have the authority to hold a trial the judge in the lower court looks over the compliants to determine whether there is legal grounds to support the arrest which the defendant is being held for, when there is probable cost the first appearance date is schedule. First court appearance – The defendant is brought from jail and then placed in front of the lower court judge , the judge tell the defendant his or her chargest tell them of their rights. offer counsel If they are indigent, then set bail. Bail- bail is cash, property that is deposit with the court, cash or property is a gurantee that the defendant will show for his court hearing Recognizance –is their promise to appear Preventive Detention- permits the judge to deny bail if a defendant has a prior record of violence are has nonappearance in court. Grand jury review- decides if it’s probable cause that the accuse committed the crime that they are being charge for. Preliminary hearing – Takes place in public ,defendant both attorneys for both sides the judge review the prosecution evidence to see if there enough evidence to support criminal charges, both attorneys being present is an adversary proceeding, if judge find probable cause judge send to trail...
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...CASE PROBLEM: HAMILTON COUNTY JUDGES Hamilton County Judges try thousands of cases per year. In an overwhelming majority of the cases disposed, the verdict stands as rendered. However, some cases are appealed, and of those appealed, some of the cases are reversed. Kristen DelGuzzi of the Cincinnati Enquirer conducted a study of cases handled by Hamilton County Judges over a three-year period ( Cincinnati 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 ...
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...640 F. 2d 508 - Margreiter v. New Hotel Monteleone Inc Home640 f2d 508 margreiter v. new hotel monteleone inc 640 F2d 508 Margreiter v. New Hotel Monteleone Inc 640 F.2d 508 Douglas T. MARGREITER, Plaintiff-Appellee, v. NEW HOTEL MONTELEONE, INC. and Liberty Mutual Insurance Company, Defendants-Appellants. No. 79-3149. United States Court of Appeals, Fifth Circuit. Unit A Jan. 19, 1981. Christovich & Kearney, A. R. Christovich, Jr., Steven M. Lozes, New Orleans, La., for defendants-appellants. David W. Oestreicher, II, Ralph S. Whalen, Jr., New Orleans, La., for plaintiff-appellee. Appeal from the United States District Court for the Eastern District of Louisiana. Before COLEMAN, Chief Judge, and CHARLES CLARK and REAVLEY, Circuit Judges. REAVLEY, Circuit Judge: 1 Douglas Margreiter was severely injured in New Orleans on the night of April 6, 1976. He sued the Monteleone Hotel, saying that he was taken from his room there by two men who had a key to that room, the use of an elevator and unimpeded access and exit into an alley-permitted by the Hotel's lack of care to protect its guests. The Hotel contended that Margreiter was on an intoxicated venture and met his fate outside the Hotel. The jury found in favor of Margreiter. The judgment was reduced from $750,000 to $400,000 by remittitur. We affirm. 2 Margreiter was chief of the pharmacy section of the Colorado Department of Social Services and was in New Orleans to attend the annual meeting of the American...
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...The Dueling Banjos (State vs. Federal) The United States Judicial System Dee Montano CJA/204 April 3, 2012 Sherre D. Corniel The Dueling Banjos (State vs. Federal) The United States Judicial System Frustration, confusion, and complexity; these three words can and are used regularly to describe the justice system within the United States. A better understanding of the history, principles, and role of the dual court system is necessary for a comprehensive understanding of the American justice system. FEDERALISM vs. ANTI-FEDERALISM The roots of the modern court system in the United States can be found in the principle of federalism. When the delegates met in Philadelphia for the Constitutional Convention among other issues that needed to be addressed was a national judicial system; the Articles of Confederation was woefully inadequate in providing for this. The dual judicial system that exists today was given life with the passage of Article III of the U.S. Constitution ("[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.") Article III was a compromise between the Federalists, supporters of a strong central government, who thought that the federal judiciary should contain all of the courts (trial, appellate, and supreme). Whereas the Anti-Federalists, proponents of states’ rights, believed that an all-inclusive federal judiciary would minimize...
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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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...system of the United States. Discussion The development of the state courts within United States can be traced back from the colonial period. Every state in United States organizes its court system independently. Every state has been provided with the right to choose its own organizational structures and the possible jurisdictions of their respective courts. Various types of courts have been developed throughout the history of United States. The federal level states have trial courts normally called district courts and circuit courts which are the appellate tribunals. In New York most of the trial courts are considered supreme courts (Columbia Encyclopedia, 2007). The development of court system started in the colonial period. Local judges were called magistrates on the lowest level of their colonial judiciary. By the early eighteenth century, the development of formal courts started. After the American Revolution in 1775, distrust towards the judiciary was developed because of the declaration of courts as unconstitutional. State courts were prominent during the civil war and the industrialization era. Modern state courts were developed in order to handle the immense volume of cases. Modern courts like claim courts, domestic relations courts and juvenile courts become prominent in that era. Various states within United States approve of the...
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...from the Magistrates' Court, Sessions Court, High Court, Court of Appeal, and finally, the Federal Court. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of coordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts for Peninsular Malaysia and for East Malaysia. The highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia (also known as the Chief Justice of Malaysia), followed by the President of the Court of Appeal, the Chief Judge of Malaya, and the Chief Judge of Sabah and Sarawak. The superior courts are the High Court, Court of Appeal, and the Federal Court, while the Magistrates' Courts and the Sessions Courts are classified as subordinate courts. The Federal Court is the highest court in Malaysia. The Federal Court may hear appeals of civil decisions of the Court of Appeal...
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