Court Case Letter
Court of Appeals of Virginia Axel Foley v. Commonwealth of Virginia
_______________________
PETITION FOR APPEAL
_______________________
Lawyer Name: Rowan Tully Lawyer’s Responsibility: Nature of the Case
Statements of Facts, and parts of the
Argument
Lawyer Name: Elizabeth Gadd Lawyer’s Responsibility: Proceedings in the Trial Court, Assignments of Error, Parts of “Argument”.
TABLE OF CONTENTS
NATURE OF THE CASE – Brief summary of the case PG 2
STATEMENTS OF FACTS – Brief description of the original crime and arrest PG 2
PROCEEDINGS IN THE TRIAL COURT – Brief description of first trial PG 2
ASSIGNMENTS OF ERROR – List what was unfair about the arrest and first trial PG 3
ARGUMENT – Explain each problem or error using case precedent and amendments PG 4
THE HONORABLE CHIEF JUDGE AND ASSOCIATE JUDGES:
NATURE OF THE CASE
This is an appeal from the verdict in a jury …show more content…
In the case Ciraolo v. California, the US Supreme Court declared aerial surveillance around homes is legal. Despite the fact that the drone flew through the window in the house through three rooms of the home. This violates the Fourth Amendment by not having a warrant to search with a drone.
Problem III
Prosecution side uses illegally collected evidence to get Foley arrested.
The Prosecution used the evidence found in the home and car of Foley. This evidence was illegally collected as explained in other problems. In Mapp v. Ohio, the US Supreme Court holds that “evidence obtained in an illegal search and seizure in NOT admissible in a state trial, as well as a federal trial.”
Problem IV
Foley was not given a bail hearing.
This violates the 14th Amendment which states that “prohibits the state and local governments from acting in an unfair and unconstitutional manner.” The court violated Foley’s right to a FULL trial by not giving him a chance at
_______________________
PETITION FOR APPEAL
_______________________
Lawyer Name: Rowan Tully Lawyer’s Responsibility: Nature of the Case
Statements of Facts, and parts of the
Argument
Lawyer Name: Elizabeth Gadd Lawyer’s Responsibility: Proceedings in the Trial Court, Assignments of Error, Parts of “Argument”.
TABLE OF CONTENTS
NATURE OF THE CASE – Brief summary of the case PG 2
STATEMENTS OF FACTS – Brief description of the original crime and arrest PG 2
PROCEEDINGS IN THE TRIAL COURT – Brief description of first trial PG 2
ASSIGNMENTS OF ERROR – List what was unfair about the arrest and first trial PG 3
ARGUMENT – Explain each problem or error using case precedent and amendments PG 4
THE HONORABLE CHIEF JUDGE AND ASSOCIATE JUDGES:
NATURE OF THE CASE
This is an appeal from the verdict in a jury …show more content…
In the case Ciraolo v. California, the US Supreme Court declared aerial surveillance around homes is legal. Despite the fact that the drone flew through the window in the house through three rooms of the home. This violates the Fourth Amendment by not having a warrant to search with a drone.
Problem III
Prosecution side uses illegally collected evidence to get Foley arrested.
The Prosecution used the evidence found in the home and car of Foley. This evidence was illegally collected as explained in other problems. In Mapp v. Ohio, the US Supreme Court holds that “evidence obtained in an illegal search and seizure in NOT admissible in a state trial, as well as a federal trial.”
Problem IV
Foley was not given a bail hearing.
This violates the 14th Amendment which states that “prohibits the state and local governments from acting in an unfair and unconstitutional manner.” The court violated Foley’s right to a FULL trial by not giving him a chance at