Tennessee v. Reeves. 917 S.W.2d 825 (Supreme Court of Tennessee, 1996) On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger 's drink. After that , they would steal Geiger 's car and drive to the Smoky Mountains. On the morning of January 6, Coffman placed a packet of rat poison in her purse and board the school bus. Coffman told another student, Christy Hernandez, of the plan and show her the poison. Hernandez went and informed her homeroom teacher, Sherry …show more content…
Anderson, and used of a dangerous instrument; moreover, the court erred in failing to instruct on the lesser included offense of assault in the third degree, and exclusion of the prior inconsistent statement of a witness. Yes. The appellate court affirmed the judgment of the lower court and upheld the defendant 's conviction The court had reason that these facts, taken together, constitute evidence of presence at the scene, participation in a show of force, association, during the attack, and flight. This evidence also supports the inference that the Mace was sprayed to incapacitate Mr. Tucker, so as to allow Mr. Anderson and the others to leave the crime scene without restraint or further identification of the attacker or his vehicle. This evidence is fully sufficient to support the jury 's finding that Mr. Kobel was an accomplice in acting with Mr. Anderson with a common intent and purpose. As an accomplice, Mr. Kobel is guilty to the same extent that Mr. Anderson is guilty. Commonwealth v. Tluchak. 70A. 2d 657 (Supreme Court of Penn., 1950) The agreement did not include any personal property, but it did cover: " All buildings, plumbing, heating, lighting fixtures, storm sash, shades, blinds, awnings, shrubbery, and plants". The purchasers took possession on June 14, 1946, and discovered that certain articles which had been on the premises at the
Was it right that the player’s value was not high enough to hold him legally responsible for his breach of contract?
This memo is intend to present appropriate treatment of the ARO estimation problem experienced by the Lack of Information (LOI) based on the findings from interviews with all 50 of the warehouse managers and on-site visits at each of the 50 locations of its warehouses countrywide. The onsite observations search for any evidence of damages in both the on-site property like the roof, walls, floors and general conditions. The interview with the managers obtains information about the characteristics of the warehouses that are not readily observable. The information obtained is very important in the preparation of the fiscal
A general reading of the opinion reveals that the case involves a question as to whether there was any substantial evidence to show that the individual defendants participated in the battery, and that defendant Rose City was liable vicariously
The pickup truck’s owner arrived, the defendant got his keys, told him to sit in the truck, and gave him beer. He then got back under the truck to wait some more. Passerby’s alerted the police who arrested the defendant. He also testified that while waiting for his friend, he started sobering up and thinking things over. He removed the bullets from the gun and put them in his pocket, and made plans to have a party at his house with the people in the pickup. They were drinking and conversing when the police arrived.
Mark was found outside the only exit Nancy could use, in his pickup truck drunk and asleep. When the police officer arrived, they had charged mark with an invasion of privacy for violating the terms of the protective order and public intoxication. Then the state of Indiana charged mark with attempted murder, a jury trial was held and the jury found Mark guilty. Mark was sentenced to twenty-five years in prison and after completing his time five years of probation. The Indiana court had accepted mark collier appeal for his attempted murder charge, Mark had said that the evidence was insufficient and his acts were a preparation for the murder. The acts that mark had done makes the courts believe that mark was going to go through with the crime. The facts that were presented to the jury would make them believe that Mark had to take the substantial step for the crime of attempted murder. If Mark was awake, was going into the hospital, and opened to door, Mark would be guilty of attempted murder. The Indiana Supreme Court made a decision that mark was not guilty of attempted murder. Mark was not near Nancy since he was in the back of the parking
Mr. Gillespie is a 21 year old male who presented to the ED after an intentional overdose on 20 600mg of Gabapentin. Per documentation from ED staff Mr. Gillespie reported he became angry at his grandmother tonight and tried to "prove a point." Mr. Gillespe reported to staff threatened to overdose on his on pills, however dumped them in the toilet. He expressed after making threats to overdose on his prescribed Celexa did not phase his grandmother, he proceeded to take her Gabapentin. Per documentation Mr. Gillespe has been living with grandmother for 2 weeks and before that was living with his mother in Cary. At the time of the assessment Mr. Gillespie was calm and cooperative. He denies current suicidal ideation, homicidal ideation, and symptoms of psychosis. He appears guarded during the assessment. He reports tonight his grandmother and he got into an argument over him getting a job. He reports his grandmother informed him he has to be out by Friday. Mr. Gillespe denies history of self harm. He
After the trial court had dismissed the case along with affirmation from the 10th Circuit Court, the U.S Supreme Court reversed and remanded it to the court of appeals. During the decision process,
Griggs, the defendant, then decided to appeal to the courts, claiming they erred by rejecting his ineffective assistance of counsel claim, determining the child witnesses were competent to testify , admitting hearsay testimony from various witnesses, denying his request for a continuance, and admitting evidence under W.R.E. 404(b). The Supreme Court responded by affirming, holding “(1) the district court did not err by (i) rejecting Defendant’s ineffective assistance of counsel claim, (ii) determining that the child witnesses were competent to testify, (iii) denying Defendant’s requests for continuances, and (iv) admitting other bad acts evidence under Wyo. R. Evid. 404(b); (2) the district court erred in allowing the admission of some hearsay testimony at trial, but the errors were harmless; and (3) Defendant’s constitutional right to a speedy trial was not
On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger's drink. After that , they would steal Geiger's car and drive to the Smoky Mountains. On the morning of January 6, Coffman placed a packet of rat poison in her purse and board the school bus. Coffman told another student, Christy Hernandez, of the plan and show her the poison. Hernandez went and informed her homeroom teacher, Sherry
Plaintiff Brian Martin attended a high school graduation party hosted by Defendant Lee Martin. The majority of guests were between the ages of seventeen and twenty. There were two kegs of beer available at the party, as well as other alcohol provided by the guests. One guest, Matthew Marciano, had a history with Mr. Martin. During the party, a fight ensued between Marciano and the plaintiff’s friends. Marciano left the property, but later returned with Chijoke Okere, who was carrying a baseball bat. Okere struck Mr. Martin on the head. The defendant went inside her house and locked the door, refusing entry to those who were trying to help the plaintiff. Mr. Martin suffered considerable brain damage from the injury.
Was the confession constitutional? Why or why not? I think that the confession was not constitutional since the defendant was physically attacked and beaten in order to obtain his confession. The defendant’s attorney had corroborating evidence in the photos to proof that the defendant had been hit/punched in the face as well as in the
Sylvia Burwell Secretary of Health and Human Services Petitioners vs Hobby Lobby Stores and Conestoga Wood Specialties Corporation vs Secretary of Health and Human Services (U.S 2014)
The trial court denied the request for a preliminary injunction and later granted the motion to dismiss on the same grounds asserted by ISDH. Doe appealed raising three issues, but the Court of Appeals found only one dispositive: whether the trial court erred when it determined that Doe has not sustained, nor was she in immediate danger of sustaining, a direct injury as a result of the storage of her dried blood spot sample, and, therefore, she lacked standing.
Reason for the appeal was that the judge had failed to mention provocation to the jury
Predication: On 01/18/16, Asset Protection Manager (APM) contacted APM Jakub Orlando regarding Customer Service Associate(CSA) Thelma Bynum, who was suspected of using the void function to void products from customers transactions and keep the money.