Brief Fact Summary: This was a case under the Supreme Court of the United States that was between Leonel Torres Herrera who was the petitioner v. James A. Collins the Director of the Texas Department of Criminal Justice, Institutional Division. Herrera was convicted for a murder of two officers but later produced evidence that he was innocent. Facts: A law enforcer was found dead on the side of the road one evening in September 1981. At around the same time another officer observed a vehicle that was speeding on the same road and pursued it whereby it pulled over after a while and the officer was shot in the head. He succumbed to the injuries and died 9 days later. The suspect was then held and charged with capital murder. Ten years after …show more content…
Collins, 506 U.S. 390). The case was complicated because the state had already met its expenses and burden to prove during trial that the convict was guilty of the capital murder beyond judicious doubt. The presumption of innocence disappears when a person is convicted. According to the petitioner, he claims that the evidence that was not presented in court proved him innocent the verdict notwithstanding. The writ of habeas corpus is a summons that is directed to anyone who is holding a prisoner to give the directive of taking the prisoner before court for the custodian to present proof of authority that would permit the court of law to decide the legality of the detention of the prisoner or the convict in question (Herrera v. Collins, 506 U.S. 390). The fact that the petitioner does not seek the excusal of a procedural error which would enable him to bring in an independent legal claim that would challenge his conviction or his sentence, but goes ahead to argue that he is entitled to habeas relief courtesy of the new evidence showed the factual incorrectness of his conviction (Herrera v. Collins, 506 U.S. 390). The petitioner claimed that his execution would be a violation of the eight amendment and the fourteenth
Meghan Wallace Juvenile Justice- Dr.Samuels 02/26/15 Case Profiling Case: Breed v. Jones (1975) Waiver Case Issue: The violation of Jones fifth amendment of double jeopardy for youths. Facts: Gary Steven Jones was 17 years old, he was charged with for being armed with a deadly weapon and committing robbery.
Brady v. United States 397 U.S. 742 (1970) Intro: The Petitioner plead guilty to kidnapping after his co-defendant decided to confess and testify against him. Whether Brady’s (the petitioner) plea was made voluntarily was the issue. Relevant Law: “Just because a defendant discovers that the State would have had a weaker case or that they were not going to impose the maximum punishment does not mean that the defendant is allowed by law to disown his statements made in open court.” Facts: The Petitioner, in 1959, was charged with kidnapping.
Smith, Petitioner V. Thompson, Respondent Case Number: OH 5647-32 Facts: This appeal arises out of a post-judgment ruling by the trial court on the issue of whether Mr. John Smith stole Ms. Agnes Thompson’s mail in order to commit identity fraud. The facts which give rise to this matter are as follows: Agnes Thompson, 74 year old, accused John Smith of stealing her mail and opening several accounts using her personal information and social security number. Mr. Smith allegedly stole Ms. Thompson’s mail in order to commit identity fraud; subsequently, the police arrested Mr. Smith was arrested in June of 2015. Later, the Federal District Court in Toledo tried Mr. Smith in August of 2015.
Tennessee v. Garner 471 U.S. 1 [1985] In October of 1973, Memphis, Tennessee police responded to a report of a burglary in progress. Police Officer Elton Hymon went to the rear of the home while his partner was contacting headquarters. Hymon observed a person, later identified as Edward Garner, running across the yard, and stopping at a fence. With the use of his flashlight Hymon could see that Garner was “likely” unarmed and ordered him to stop.
He was found guilty, but sane, on all counts on February 15, 1992 and was sentenced to 15 life terms. He was put in the Columbia Correctional Institution in south-central Wisconsin where he was killed on November 28, 1994 by a fellow
It states in Article I, Section 9 of the constitution that “the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion
Joseph Kindler was convicted of murder in Pennsylvania in 1982. After robbing a music store and the police caught his accomplice who ratted him out, Kindler was seeking revenge. He went and found his former accomplice and beat him 20 times with a baseball bat and shocked him 5 times with an electric rod, then took him to a bridge, tied a cinder block to his neck and threw him into the river. The state jury's recommendation was the death penalty and Kindler was going to appeal but he escaped to Canada so the court dismissed his post verdict motions. When Canadian authorities captured him for burglary in Canada they were going to convict him but he was able to flee.
The Supreme Court’s decision of 1954 in the case of Hernandez v. Texas was the start of a breakthrough for Mexican Americans in the United States. The case was brought to existence after Pete Hernandez was accused of murder in Jackson County, a small town called Edna, Texas. The special thing about this case that makes it significant was the jury that were including in this trial. It was said that a Mexican American hadn’t served on a jury in the county of Jackson in 25 years. With the help of a Mexican American lawyer, Gustavo Garcia, the case was brought to the highest court level and was beheld as a Violation of the constitution.
Overview of Clements v. State The case of Clements v. State is an example of how the legal framework of stalking laws in Texas should be interpreted and the effectiveness of this law to ensure justice for the victims. The case depicts how the law should operate despite certain vagueness in aspects of the First Amendment. The decision of the Court of Appeals for the First District of Texas to uphold the conviction while disagreeing with some conclusions arrived at by the trial court proves that stalkers will not be allowed to slide through cracks in the legal system. The case, based on a sequence of events where the complainant, Jennifer Clements, was subject to psychological trauma accompanied by an imminent physical threat to her from Nathan Clement, her estranged husband, is a forthright condition of stalking which complies with the Statues of
Estelle v. Gamble Today I will be doing my Phase 3 Individual Project I will fully be addressing a case totally based on the Estelle V. Gamble prison case. The Estelle V. Gamble case brings about a lot of controversial comments and thought by the American citizens living in the United States because it definitely shows you a big problem in our correctional facilities in the United States. This case made it more then obvious that our correctional facilities needed some work to be done to in the way they responded to inmate medical needs. Well enough of me trying to bable away lets get to the real story and see for yourself in you agree with the Texas Department of Corrections or are you in favor of what the United
Tyler Calvert Forensics Mrs. Clark 29 January 2016 O.J. Simpson The criminal case of O.J. Simpson is one of the most famous court cases in the history of the United States. This case was formally known as the People of the State of California v. Orenthal James Simpson. Simpson was tried on two counts of murder after the deaths of his ex-wife, Nicole Brown, and a waiter named Ronald Goldman.
His final Murder occurred on November 9th, He killed a Women by the name of Kelly, Mary Jane. Her body was found on the bed Terribly graphic by cutting all of her body part apart. She was slashed and
The concept of jury nullification is not one that is broadly known or spoken about in the discipline of law. This is because until more recent years the concept was considered a complex subject that garnered plenty of conversation and debate. To understand the controversy that surrounds this particular area of the law, a definition of jury nullification is in order. It is known that the jury’s role is to act as the unbiased and impartial voice of judgment during the proceedings of a court case.
The prisoner’s rights movement is mostly recognized for the events that occurred through the 1960s until the 1980s but it is important to review cases beforehand that led up to the movement itself. In the case of Pervear v. Massachusetts of 1866 a case was fought through the Supreme Court. The court ruled that prisoners should have no constitutional rights, which concluded the Eighth Amendment did not apply to them. The Eighth Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (US Const. Amend XIII).
Police could not find him after all this time. It is still a mystery about who he is. People were not allowed to take pictures of the event. Many people around the world is unaware of what he did. Police do not know if he is died or not.