...Medellín v. Texas Student: Kais Karowadia Class: Government Dual Credit Teacher: Jonathan Solis The Supreme Court case between Jose Ernesto Medellín and the state of Texas was fought over whether or not international law should play a role in the due process of the law within the United States. The international law in debate was made at the Vienna Convention and was designed for convicted foreigners to be able to notify their embassy immediately. As a part of the United Nations, the United States ratified this article (Article 36 on Consular Relations). During this case, however, the state of Texas did not follow the international law set at Vienna. The plaintiff, Medellín, had raped and killed two teenage girls in Houston in 1993 and confessed for participating in the crime. He was later sentenced to death by Texas courts. While on death row, Medellín sent letters to the Mexican consulate explaining his situation. Mexico saw that the United States had not upheld the agreements from the Vienna Convention and sued the United States in the International Court of Justice. Alongside the dispute between the two nations, Medellín filed for a writ of...
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...Assignment #5 Discuss the content and outcome of this case Department of Revenue of Kentucky v. Davis In the case of Department of Revenue of Kentucky v. Davis, the United States Supreme Court addressed the legality of Kentucky’s income tax exemption for interest on municipal bonds issued within the state. Kentucky tax law requires that only earned interest income on bonds issued out of state be taxed as part of an individual’s adjusted income. All earned interest from in state bonds is exempt from inclusion in an individual’s adjusted income. Kentucky residents, George and Catherine Davis, filed a class action complaint on the basis that Kentucky’s tax law is in violation of the dormant Commerce Clause of the United...
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...be addressing three separate cases where defendants who went before the courts stating that their constitutional rights had been violated by law enforcement. While discussing these cases separately I will discuss the main issue, what presidents and or laws the courts might have used to come to their decision, then I will identify how the court applied these laws to the facts and then I will conclude with whether or not these three cases shaped any standards of the constitutional searches and seizures in the United States. The first case that I will address is, Weeks v. United States. The issue presented in this case is the defendants belongings were taken out of his home by law enforcement officers without a warrant. The officers had broken into his home without the defendant their and removed books, papers, bonds, and so on. The defendant went before the court and petitioned them to have his property returned to him. In his petition he stated that according to sections 11 and 23 of the Missouri Constitution, and the 4th and 5th amendment were violated. The courts did order the return of the property that was not pertinent to the charges. The defendant did petition the court one more time before the trial for the rest of his property and that one was denied. In the end of this case the court unanimously ruled that the seizure of property from a private home without a warrant was indeed a violation of the Fourth Amendment. This was also the case that created the “exclusionary...
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...Facts- Steven Dewayne Bond was a passenger on a Greyhound bus when his bus stopped at a permanent Border Patrol checkpoint in Sierra Blanca, Texas. Border Patrol Agent Cantu stepped onto the bus to check the immigration status of its passengers. He checked the entire bus and on his way back, he squeezed the overhead luggages. Bond was seated just before the end of the bus and above his head, Cantu squeezed Bond’s bag and noticed it contained a “brick-like” object. Bond admitted the bag was his and consented to a search. Agent Cantu discovered a brick of methamphetamine in the bag, disguised by a rolled pair of pants. Bond was indicted for conspiracy to possess and possession with intent to distribute. Procedural Disposition- After Bond was indicted with federal drug charges, he moved to suppress the drug charges by arguing Agent Cantu conducted an illegal search of his bag that violated the Fourth Amendment. Bond’s motion was denied, the District Court found him guilty on both counts, and he was sentenced to 57 months in prison. Bond then appealed to the Court of Appeals. The Court of Appeals affirmed the denial of the...
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...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...turning point in the history of the United States. This major case was actually several cases that were decided by the Supreme Court as one. These cases were argued by the NAACP and their expert team of lawyers led by Thurgood Marshall and his team the Legal Defense and Educational Fund. All the cases were filed by African American parents on behalf of their children. The parents of these children wished it to be brought before the courts that “separate but equal” was not fair. In the South though, Plessy v. Ferguson, “separate but equal” and Jim Crow laws reigned, they had a tough battle ahead. Leading up to Brown v. Board of Education The Jim Crow Laws were enacted in mostly the Southern and some of the border states of the United States and enforced between 1876 and 1965, slightly less than a hundred years (wikipedia). These laws mandated "separate but equal" status for black Americans. “In reality, this led to treatment and accommodations that were almost always inferior to those provided to white Americans. The most important laws required that public schools, public places and public transportation, like trains and buses, have separate facilities for whites and blacks” (wikipedia). In the Progressive Era the restrictions were formalized, and segregation was extended to the federal government by President Woodrow Wilson in 1913 (wikipedia). To discuss the Supreme Court case of Brown v. Board of Education, a brief history of the major case that had to be overturned to achieve...
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...(157) 1-8, 10-13 Give the name of the case located at 231 P.3d 289 and give its parallel citations. People v. Thompson 49 Cal.4th 79,109 Cal.Rptr.3d 549 Review volume 805 N.W2d. What case in this volume construes the term manifest injustice? In the matter of the WELFARE OF the Child of M.K and T.K., Parents. 805 N.W.2d 856 Review the case. Generally what does the term mean? The term generally means a direct and obvious error in trial court. It gives an example of coercing a parent to plead guilty. Review volume 326 S.W.3d Give the name of the case located at 326 S.W.3d 538 In the matter of: Sandra Lee Kile. Sandra Lee Kile, Appellant v. Judy K. McGuire, Public Administrator of Dade County, Missouri, Respondent. Review the case synopsis or background. Describe the procedural background of the case...
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...decision for a case on June 26, 2015 would help open America’s minds was brought to the Supreme Court. Obergefell v. Hodges was the case that declared it unconstitutional to discriminate against same sex couples. The case involves James Obergefell and John Arthur James, after the couple was denied recognition of their legal marriage by their home state of Ohio. James and John were together for around 20 years, when they noticed John was losing with his mobility. He was diagnosed with ALS, a disease that would eventually take his ability to move. The couple decided they wanted to bond their union and get married because they knew John’s wasn’t going to make it much longer. Since same sex marriage wasn’t allowed in their state, James had to fly to a state that it was legal in, Maryland....
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...The following case analysis seeks to examine the Supreme Court’s decisions in Racine v. Woods, [1983] 2 S.C.R. 173, in regard to the legal questions, basis of reasoning, as well as the cultural implications. In order to fully understand the outcomes of this case, it is necessary to briefly review the legal issues that prompted the appellants and respondent to pursue legal action. The initial factor was the apprehension of a six week old infant named Leticia Grace Woods, on October 20th, 1976, by C.A.S. of central Manitoba. Upon removing her from her mother’s custody, in an effort to protect her, she was placed in a foster home as stipulated in the Child Welfare Act, C.C.S.M., c. C80. After several months in foster care, Mrs. Woods’, Leticia’s mother consented to a year extension on her daughter’s stay in Society care, followed by an additional six month period. At which time Leticia was situated in the foster home of Sandra Ransom (later Racine) and Lorne Ransom. In March of 1978, when the extended period had ended, Leticia was returned to her mother. At this point, the Racine’s had developed an attachment and sense of responsibility for her care, which impelled them to visit Leticia with Mrs. Woods’ permission. On the second visit, in May of 1978, Mrs. Woods authorized the Racine’s to take Leticia home with them. This concept of “taking home” was later disputed by the Racine’s and Mrs. Woods on the basis of intended length of stay. The Racine’s believed that Mrs. Woods intended...
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...IN UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 11-0369 BOB LOBLAW, Appellant v. MAGGIE LIZER, Individually and in her Official Capacity as Assistant United States Attorney, Southern District of New York, Appellee BRIEF FOR THE APPELLANT ON APPEAL FROM THE UNITED STATE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Counsel for Appellant 601739 2072 5th Ave. Suite 43 New York, NY 10292 TABLE OF CONTENTS TABLE OF CONTENTS ……………………………………………………………….....i TABLE OF AUTHORITIES ……………………………………………………………..ii QUESTION PRESENTED ……………………………………………………………….1 STATEMENT OF THE CASE …………………………………………………………...2 SUMMARY OF THE ARGUMENT …………………………………………………….6 ARGUMENT ……………………………………………………………………………..8 I. A government employee is entitled to constitutional protection under the First Amendment when the speech in question addresses matters of public concern and does not adversely affect the employer’s operations and functions …………………8 A. A government employee’s speech must contain matters of public concern in order to be protected under the First Amendment ……………………………9 B. If an employee’s speech addresses matters of public concern, the employee must show that the speech did not cause a disruption to the functionality of the workplace ……………………………………………………………………11 CONCLUSION…………………………………………………………………………..15 CERTIFICATE OF SERVICE...
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...Who’s Left Standing for State Sovereignty?: Private Party Standing to Raise Tenth Amendment Claims By: Katherine Connolly Section 1: The most critical topic raised in Who’s Left Standing for State Sovereignty?: Private Party Standing to Raise Tenth Amendment Claims by Katherine Connolly is the Supreme Court and State courts oscillating view of the Tenth Amendment, the contradictory views between circuit court of appeals on the Amendment, and an analysis of private party Tenth Amendment standing. “In the decades since its adoption, American courts have vigorously debated the substantive meaning of this Amendment.” (Connolly 1540) Many of the circuit court of appeals have had a difficult time coming to an agreement on the underlying meaning of the Amendment. “Six circuit courts of appeals now hold the increasingly popular majority position that only states and not private parties may enforce the Tenth Amendment. Two circuit courts of appeals hold the once-majority position that private party standing to assert claims under the Tenth Amendment is permissible.” (Connolly 1541) The article was taken from the Boston College Law Review. Katherine Connolly, the author of the note, has her opinions on the topic of the Tenth Amendment and knows the history of it because she is a third year student at Boston College Law School and the senior editor of the Law Review. Section 2: The author did not make any vague, ambiguous or unsupported statements in...
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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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...Analysis The case of Plessy vs. Ferguson established the separate but equal doctrine that was prevalent throughout life in the South for over fifty years. The case involved a man by the name of Homer Adolph Plessy, who was a colored shoemaker from New Orleans, Louisiana. He was only 1/8 black and 7/8 white, but under Louisiana law he was considered black. It also involved a white Judge by the name of John Howard Ferguson. In 1892 Plessy was asked by the Citizens Committee which was a political group made up of African Americans and Creoles to help them challenge the Separate Car Act, which by Louisiana law separated blacks and whites in railroad cars. If a black was caught sitting in the white section of the cars, they could get either 20 days in jail or a $25 fine. He agreed to help the Committee. On June 7, 1892, Plessy purchased a first-class ticket at the Press Street Station in New Orleans to go to Covington, Louisiana. The railroad didn’t support the Separate Car Law, because of the expense and trouble involved with it. They chose this station for that reason and the station was in on the test as well. He sat in the white only section and waited for the conductor. When the conductor arrived he told him that he was only 1/8 black and that he refused to move to the colored car of the train. A hired detective told Plessy he was violating the law but he still refused. Since he would not move to the colored car he was arrested and jailed overnight and released on bond the next...
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...that arise under the contract. A) True B) False 2. Stare decisis is typically of lesser importance to the Supreme Court in deciding constitutional issues than to trial courts in deciding specific controversies. A) True B) False 3. It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B. A) True B) False 4. Many areas of law important to businesses are governed by the Uniform Commercial Code. A) True B) False 5. A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions. A) True B) False 6. Only decisions by the United States Supreme Court can have the status of res judicata. A) True B) False 7. In deciding a case, a court will not use common law if there is a statute that applies to the dispute. A) True B) False 8. Criminal law is a subset of private law. A) True B) False 9. Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another. A) True B) False 10. The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m. and 4:00 p.m. This is an example of an ordinance. A) True B) False 11. The body of law that will be used to determine which state’s law will apply in a multi-state transaction is conflict of laws. A) True B) False 12. Dicta is another term for “controlling precedent.” ...
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...protect their rights. This essay will recount the bloody paths Americans of all colors had to follow in order to enjoy the civil liberties which so many take for granted today. The origins of civil liberties for the United States dates back to England. The United States has a clean start by including the Bill of Rights in the American Constitution. The Bill of rights at first were the symbolism of American ideals because there was no way of enforcing them until 1803 where in the case of Marbury v. Madison the Supreme Court took action in striking down laws for the first time that were considered unconstitutional. From that point on the Supreme Court established a precedent of wielding the power to strike down any unconstitutional legislation. Marbury v. Madison happened long before the Civil War and before any of the other cases mentioned. However its importance to civil liberties is essential to any civil liberty essays because it was the one case that allowed for the Supreme Court to take action and enforce the bill of rights along with any other law that is deemed unconstitutional. It was this case that brought about the exercise of judicial review in the United States under Article III of the U.S. Constitution, guaranteeing the rights of every American one case at a time. Although countless Americans lost their civil liberties during the civil war due to President Lincoln suspending the Writ of Habeas Corpus, a larger number of others benefited by Lincoln’s polices as did...
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