Summary And Argument On The Law Of The Assistant U.s. Attorney Patrick Muss

If Mr. Grant’s rights were violated under s.24 (2) of the Charter, should the evidence be inadmissible at trial?

Clause number three is the Self-Incrimination Clause. This clause protects from a person that has been accused of a crime from being forced to testify against him/herself. We are innocent until proven guilty, it is the job of the state or federal governments to prove guilt. Words can be changed in ways physical evidence cannot. Information from sobriety tests, voice samples etc. are admissible in court,

____ 23. Which of the following is not a responsibility of the defense attorney during or after trial?

It states that the government cannot make a person testify against themselves. A trial relies on witnesses and evidence and not the testimony of the accused.

The issues the court must decide are whether withholding Miranda Warnings to obtain a confession is considered admissible in court. In the case of Missouri v. Seibert, Ms. Seibert was questioned before her

to another.” § 924(e)(2)(B)(ii). But even so, the Court found that DUI falls outside the scope of

A criminal defense attorney is a lawyer that is specialized in the defense of those who are charged with criminal conduct. Defense attorneys deal with the surrounding issues of an arrest of their clients, and the substantive issues of a crime that he or she is charged. In the United States, each individual who is brought to trail is eligible for a defense attorney, according to the sixth amendment. If an individual cannot afford an attorney, one is a pointed by the courts; these individuals are called public defenders who are employed by the government. The duties of a defense attorney, is to advocate and advice. In order, for the defense attorney to work effectively, the defendant must supply all the facts and information surrounding the case. Moreover, the defendant is protected by attorney- client privilege. Thus, any exchange information concerning the case is private and protected under the law. The criminal defense attorney role is to assist the courts with the truth-seeking process by presentation an oral argument in favor of defendant innocence. The average case calls to “advocate with courage and devotion and to render effective, quality representation” (Flower, Page 650, paragraph one). The misconceptions of a defense attorney are that she or he performs duties begrudgingly whether or not the attorney believes in the innocents of the client. The writer considers the availability of an exchange of

In Patterson v. Illinois , the Court held that when an indicted defendant relinquished his Miranda right to counsel, he had simultaneously give up his Massiah right to counsel. This followed, the Court held, even though the two rights have different textual homes – Massiah the Sixth Amendment and Miranda the Fifth Amendment self-incrimination clause – and even though indictment is the start of the adversary criminal process. Similar to Miranda, the vote was 5-4. The dissent contended that the Sixth Amendment right to counsel carries with it duties and responsibilities that go beyond advice about responding questions, but the majority said that the matter was the usefulness of an attorney in the specific proceeding. In the context of interrogation, Miranda supplies the measure of the usefulness of an attorney. One problem left undecided by Patterson was whether it issues if a judge has appointed a counsel during a pretrial, and post-indictment, proceeding before police seek a Miranda waiver. Would a waiver of Miranda also waive Massiah when the indicted defendant is in fact represented by counsel? Continuing a string of 5-4 decisions, the Court in Montejo v. Louisiana held that Miranda continues to provide the measure of a usefulness of an attorney even if the defendant is officially represented by counsel. Thus, a waiver of Miranda is a waiver of Massiah whether or not the indicted defendant is represented by

The question in this case was whether the Self-Incrimination Clause of the Fifth Amendment requires that a confession made by a defendant, after having been advised of his Miranda rights and having waived those rights, should be excluded because of another admission made to officers by that defendant before he had been advised of his rights.

made a mistake on the officer sworn statement (DS-367) (Exhibit 1) and the officer completed the Arrest and Supplemental Report (Exhibit 2) 6 days after the arrest, which does not fall within the public employee records exception to the hearsay rule, Section 1280 of the Evidence Code. In addition, officer signed the second page of the DS-367 (Exhibit 1) after 6 days of the arrest, therefore, the DS-367 is altered. In addition, the DS-367 (Exhibit 1) and the Arrest and Supplemental Report (Exhibit 2) are not credible, not trustworthy and not admissible. Officer notes are destroyed after he completed his report and memory of the officer is questionable.. Counsel cited the Glatman, MacDonald, Manny cases to support his

In the case sub judice, the County introduced seventeen pieces of evidence to be relied upon by the Board when rendering its decision. Floyd failed to object to the introduction of any of the evidence entered against him so as to give the Board an opportunity decide upon his objections in the first instance. The failure to adequately preserve these issues impairs out ability to assess the merits of Floyd’s arguments with the benefit of a developed record. We, therefore, hold that Floyd’s objections to the hearsay evidence admitted against him were not adequately preserved for judicial review. Assuming, arguendo, the questions here were preserved, for the reasons stated below we hold the admission of the evidence against Floyd did not deny his procedural due process rights.

“Concise and clear pleadings are vital to the administration of justice. No party should be called upon to answer or defend the redundant, jumbled and cryptic pleadings filed by plaintiff’s counsel, and no court should be forced to expend so much time and energy attempting to decipher them.” Id. at 949.

The following responses and objections are based upon information presently available to Plaintiff, which this Plaintiff believes to be correct. These admissions are made without prejudice to the Plaintiff’s right to utilize subsequently discovered facts and documents.

Issue 1: Yes, It was a majority rule that the Sixth Amendment right to counsel had exercised a risk with prejudice to the accused, however could be violated, but counsel must be present at significant stages of the trial.

(b) Paragraphs; Separate Statements. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence—and each defense other than a denial—must be stated in a separate count or defense.