Appeal and Appellate Court Decision
Capstone Case Briefs
U. S. v. Thomas
Citation: United States v. Thomas, 34 F.3d 44 (2nd Cir. 1994)
Summary of Facts: Wallie Howard was a Syracuse police officer who was shot and killed during a cocaine bust. Luther Gregory was Wallie Howard’s confidential informant. Davidson was the head supplier of the cocaine conspiracy. Parke was the chief lieutenant of Wallie Howard also the deliveryman for Davidson. Parke and Morales (Davidson’s deliverymen) frequently delivered cocaine to customers. Lawrence was a cocaine seller in one of the conspiracy drug apartments and was the muscles in the operation. Stewart had dealt cocaine in the past and he owed the group some money and needed to pay off his debt.
Case History: On October 18th and 22nd of the year 1990, a Syracuse police officer was working undercover for the DEA and confidential informant Luther Gregory made purchases of cocaine from Morales. While the transaction was going down, Parke was outside the facility conducting surveillance. On October 30, 1990, Wallie Howard (the Syracuse police officer) was shot and killed during a cocaine “buy-bust.” Morales, Stewart, and Lawrence are tried and found guilty in a court of law. They attempted to appeal the conviction based on the defense of self-defense. They were denied but still able to be acquitted.
Legal Issue(s) on appeal:
The legal issue in question (on appeal) is whether the defendants can claim the self-defense defense. The defendants wish to claim this defense because Agent Wallie Howard had opened fire on them during the third cocaine “buy-bust” deal.
Appellate Court Decision: The Appellate Court’s decision was that the defendant(s) were not entitled to use the self-defense defense.
Appellate Court’s Decision Rationale: The reason that Appellate Court made this decision on this case is because the defendant(s) were the first aggressors in the situation. Even though Officer Howard drew and fired his weapon first, the
U. S. v. Thomas
Citation: United States v. Thomas, 34 F.3d 44 (2nd Cir. 1994)
Summary of Facts: Wallie Howard was a Syracuse police officer who was shot and killed during a cocaine bust. Luther Gregory was Wallie Howard’s confidential informant. Davidson was the head supplier of the cocaine conspiracy. Parke was the chief lieutenant of Wallie Howard also the deliveryman for Davidson. Parke and Morales (Davidson’s deliverymen) frequently delivered cocaine to customers. Lawrence was a cocaine seller in one of the conspiracy drug apartments and was the muscles in the operation. Stewart had dealt cocaine in the past and he owed the group some money and needed to pay off his debt.
Case History: On October 18th and 22nd of the year 1990, a Syracuse police officer was working undercover for the DEA and confidential informant Luther Gregory made purchases of cocaine from Morales. While the transaction was going down, Parke was outside the facility conducting surveillance. On October 30, 1990, Wallie Howard (the Syracuse police officer) was shot and killed during a cocaine “buy-bust.” Morales, Stewart, and Lawrence are tried and found guilty in a court of law. They attempted to appeal the conviction based on the defense of self-defense. They were denied but still able to be acquitted.
Legal Issue(s) on appeal:
The legal issue in question (on appeal) is whether the defendants can claim the self-defense defense. The defendants wish to claim this defense because Agent Wallie Howard had opened fire on them during the third cocaine “buy-bust” deal.
Appellate Court Decision: The Appellate Court’s decision was that the defendant(s) were not entitled to use the self-defense defense.
Appellate Court’s Decision Rationale: The reason that Appellate Court made this decision on this case is because the defendant(s) were the first aggressors in the situation. Even though Officer Howard drew and fired his weapon first, the
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