Kindra Jones
United States v. Parral Dominguez
Advanced Topics in Criminal Law
August 24, 2015
Eley v. Erickson
Civil No. 3:CV-08-0090
United States District Court, M.D. Pennsylvania
Facts
On July 5, 2000, cab driver Angel DeJesus suffered multiple fatal gunshot wounds during a robbery while his taxi was parked at the intersection of Kittatinny and Hummel Streets in Harrisburg, Pennsylvania. DeJesus’s fiancé Vivian Martinez testified that he had purchased a pouch to keep in his taxi to hold his money, a couple of days before the murder. Martinez believed there was about $250.00 in DeJesus’s possession around 2:45 am on the day of the murder.
Guadalupe Fonseca testified that he observed three African-American men standing near
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The first two trials ended in mistrials. At the third trial, Eley was convicted of second-degree murder, 18 Pa. Con.Stat. § 2502 (b), robbery, § 3701, and conspiracy to commit robbery, § 903. He was acquitted of conspiracy to commit murder. He was sentenced to consecutive terms of imprisonment of life without parole for second-degree murder, seven to twenty years for robbery, and four to twenty years for conspiracy to commit robbery. On September 22, 2003, Eley’s convictions were affirmed by the Supreme Court, however, the cases were remanded for re-sentencing, due to the court erred by imposing consecutive sentences for robbery and second degree murder. Four months later the petition for allowance of appeal was denied and Eley was re-sentenced.
Between December 2004 and September 2007, there were two petitions filed by Eley on the basis of after discover evidence. All petitions were denied and Eley filed a petition for writ of habeas corpus in January 2008. The decision of the habeas petition by the U.S. Court of Appeals. The case was remanded and an order to the district court was made to have the Commonwealth retry the Eley within 120 days or dismiss the charges and release him from custody.
The U.S. Supreme Court affirmed and Eley was convicted of second-degree murder, robbery, and conspiracy.
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The defendant was convicted of second-degree murder, robbery and conspiracy. His co-defendant Erickson was also convicted.
• First trial ended in a mistrial with a deadlocked jury
• Second trial ended in a mistrial due to Eley’s name being mentioned during a reading of co-defendant’s confession which is a violation of Bruton v. United States, 391 U.S. 123, 88 S. Ct. 1620, 20 L.Ed.2d 476 (1968)
• Eley made several appeals and filed several petitions where he challenged the legitimacy of his sentence
• Eley was not awarded a new trial by the Supreme Court
The Fourteenth Amendment has made the Sixth Amendment’s right to confrontation applicable to state court as well as federal court. The confrontation clause guarantees criminal defendants the opportunity to face the prosecution’s witnesses in the case against them and dispute the witnesses’ testimony (Find Law, n.d. 2015).
On the 25th November 1963 a trial for Sturkey was held where he was found guilty of the murder. This trial was deemed an unsuccessful appeal. He was also convicted of over 200 thefts, 5 hit and runs and 2 murders for wrongly imprisoned felons Darryl Raymond Beamish (murder of Jillian Brewer) and John Button (murder of his girlfriend Rosemary
In addition to his original sentence for the second degree murder of John Glendenning, Legere happens to be serving nine years for escaping custody, kidnapping, and common assault. In addition to four accounts of first degree murder.
This case is a consolidation of four cases, in which each of the defendants confessed guilt after being subjected to a variety of interrogation techniques without being informed of his Fifth Amendment rights during interrogation.
Keith Brannon was also found guilty of second-degree possession of a weapon as disclosed by the Brooklyn DA.
Her attorney argued that she should never have been brought to trial because the material evidence resulted from an illegal, warrant less search. Because the search was unlawful, he maintained that the evidence was illegally obtained and must also be excluded. In its ruling, the Supreme Court of Ohio recognized that ?a reasonable argument? could be made that the conviction should be reversed ?because the ?methods? employed to obtain the evidence?were such as to offend a sense of justice.? But the court also stated that the materials were admissible evidence. The Court explained its ruling by differentiating between evidence that was peacefully seized from an inanimate object, such as a trunk, rather than forcibly seized from an individual. Based on this decision, Mapp's appeal was denied and her conviction was upheld.
After weeks of deliberation, the jury of officers convicted William Calley on twenty-two counts of premediated murder. On March 31st, 1971, Judge Kennedy sentenced Calley to life imprisonment. Despite not being sentenced to capital punishment, nor serving much time at all, Calley had become a martyr in the eyes of many Americans. Perhaps Latimar was most right when he claimed that "no case in military justice, since its beginning, has ever torn America apart" the way this case had (Belknap 189).
At his trial, the Jury charged him with common assault and
In the year of 1966 the Supreme Court created the Sixth Amendment, due to an unfair trial in Arizona involving a man named Miranda. Miranda was arrested at his home and he taken into custody to the police station where he was identified by a complaining witness. He was then interrogated by two police officers for two hours, which resulted in a signed, written confession. At his trial, the oral and written confessions were presented to the jury. He was found guilty of kidnapping and rape and he was sentenced to 20-30 years of imprisonment on each count.
THE SUPPRESSION OF EVIDENCE IN THE PRIOR CRIMINAL PROCEEDING DOES NOT IMPOSE COLLATERAL ESTOPPEL IN THIS SUBSEQUENT CIVIL TRIAL
Petitioner was arrested when he was 16, he got charges for breaking and entering, robbery and rape. Petitioner, was subject to jurisdiction issues from the District of Columbia Juvenile Court, after full investigation, the court would waive jurisdiction over him and send him to trial for the charges. Petitioner's Lawyers filed a motion in the Juvenile Court for a hearing a waiver on charges, and to gain access to the Juvenile Court's Social Service file which was gathered on petitioner during his probation for his previous offense. The Juvenile Court would not rule on these motions. They entered an order wanting to waive jurisdiction, but after the full investigation was done. Petitioner was indicted in the District Court. He moved to dismiss the charges, but the Court overruled the motion, and petitioner was tried. He was convicted on six counts of breaking and entering, and robbery, but acquitted on two counts of rape by reason of insanity. petitioner raised, among other things, the validity of the Juvenile Court's waiver of jurisdiction.. (united, n.d.)
claims his innocence of the murder, he was prisoned for two terms of life imprisonment at the
The Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provide a thorough analysis of these above rights and give some history of the 6th Amendment.
Special Agent Duane Deaver, who was an expert in the field of forensic serology and bloodstain pattern interpretation, testified in the case of “State of North Carolina v. George Earl Goode” that although he found no visible bloodstain located on defendant's boots, a chemical test indicated the presence of blood, the type of which could not be determined. Agent Deaver did not detect any visible bloodstains on defendant's coveralls, hat, or boxer shorts. It was Agent Deaver's opinion that the absence of blood on any of defendant's clothing had no exculpatory effect. On March 30, 1992 defendant was charged with two counts of first degree murder and one count of robbery with a dangerous weapon. Defendant was tried before a jury, and on November 19, 1993 the jury found defendant guilty of all charges. Following a capital sentencing proceeding, the jury acclaimed sentences of death for the murder convictions. In accordance with the jury's recommendation, the trial court entered one sentence of death for the first degree murder conviction. He was sentenced to forty years imprisonment for the murders and the robbery with a dangerous weapon of Leon and
It was decided that he should be convicted on the basis that a “reasonable” person would be disturbed (Kerr). By June of 2015, SCOTUS changed his conviction to an option written by the chief justice and a dissenting opinion written by Clarence Thomas. He says 9/11 circuit courts had already discussed a similar issue. Justice Thomas also argued that knowledge of posting the relevant threats is enough to establish the intent element because knowledge of those facts is required to make the actions illegal (Oyez). Elonis’s case changed, then, simply because no one could prove that the threats were actually intended to harm. If the court had proof of malicious intent, then it is possible that Elonis’s conviction would not have been
He claimed to have hired a hitman to kill Sheriff Bill Gore. He offered money to have Sheriff Gore murdered. On another count, he also pleaded guilty to threatening a manager of a mobile home park. But this was not his first offense.