9. On the occasion in question, Defendant was traveling behind Plaintiff in the left hand lane of Interstate 57 when Plaintiff noticed Defendant’s lights flashing. Plaintiff moved over to the right hand lane to allow Defendant to pass, at which time he saw beer cases falling from Defendant’s truck towards him. Plaintiff swerved left in an attempt to avoid the beer cases when the accident occurred.…
On 8/6/15 Mr. and Mrs. Lecaine were restraint driver and passenger in their vehicle. They were at a complete stop when they were rear ended and pushed into the vehicle stopped in front o them. The car that hit them was going approximately…
An odor of an alcoholic beverage was detected emitting from CRABBE'S vehicle and breath while he spoke. He was requested to exit the vehicle to speak with Officers about the incident. CRABBE related he and his girlfriend Tammy drove to Redner's so he could get something to eat. While driving there an arguement began between him and Tammy. Once they arrived at Redner's Tammy exited the vehicle. He asked her to get back in the car but she refused. Shortly thereafter he decided to leave. CRABBE was questioned about the amount of alcohol he consumed tonight. He said "I'm not going to lie, I had a couple drinks a few hours ago." I requested him to submit to a series of psychophysical divided attention tests; some of which he was unable to successfully complete. CRABBE was questioned about the use of marijuana and narcotic analgesics. He related he is not prescribed any medication and he did not use any drugs. CRABBE began to pace by the vehicle and was instructed to stand still on…
Further, the state fails to substantiate that the means serves the end because the devices did not show material improvement in reducing risks of commercial truck accidents. Accordingly, the State fails to meet its burden of proving that the statute serves the State’s purpose to create a safer road system. Since the State fails to meet this requirement, there is no need to determine whether or not reasonable and less discriminatory alternatives are available. Consequently, the State statute violates the DCC and it should be…
The defendant, Kyllo, was arrested for growing marijuana in his home. In order to discover this, the police scanned Kyllo’s house utilizing a device that detects the heat from high intensity lams used to grow the plants inside close environments. The officer was standing on the street, outside of Kyllo’s house, as the scan revealed a part of the house that was significantly hotter than the rest. This information was used by the police to obtain a warrant to search the defendants home where they found more than 100 marijuana plants.…
Mr. Leighe is charged with a hit and run, that caused a pedestrian to lose his life. Mr. Hall was riding his bike down the road, in front of Leighe, with his front and rear lights working properly, following all the rules. Leighe hit him with the front of his car, then drove away from the accident scene immediately. He had not only been drinking wine that evening, but also drove home, and hid his car at the back of his property. Leighe fled from the crime scene, had alcohol in his system, and hid the evidence. However, his driving record only consisted of two speeding tickets made more than 10 years ago. Leighe claims his car was frosted over making it visibly difficult to see and therefore had no intention of harming Mr. Hall. He also pleaded…
Facts: Defendant was speeding 30 miles over the speed limit in a construction zone. A police officer stopped him, asked for the Defendant’s driver’s license which he produced. The officer ran a computer check which showed that the Def. didn’t have any previous violations. The officer asked the Defendant to step out of the car, turned on his video camera mounted on the officer’s vehicle and verbally warned the defendant for speeding, and then returned his license. After returning his license the officer asked the D whether he had any illegal contraband in his car such as drugs or weapons which he denied. police officer asked…
Chris Finish is a licensed driver who has owned his car for about six months. On the night of his arrest, he picked up Josh Kings at approximately 8:00 p.m. While double parked outside a store 24 police notice an expired inspection sticker on the defendants vehicle. the officer stopped them at approximately 10:30 p.m. After questions them for a bit the officer notices a handgun under the passenger seat. Both men denied any knowledge of the gun. The defendants lawyer moved for a directed verdict, The motion was denied, Chris is now appealing his conviction. John Kings has not been seen sense the night of the arrest.…
In the early morning hours of September 18, 1992, a police officer employed by defendant Town of Cheektowaga pulled over an automobile owned by plaintiff's decedent, Jacqueline Walsh. An acquaintance of Walsh was driving and she was a passenger. As the result of the traffic stop, the acquaintance was placed under arrest for driving while intoxicated. Based upon his observations of Walsh, the officer determined that Walsh was also intoxicated and unable to drive safely. The officer testified that he offered to call a cab or give Walsh a ride to any destination she chose, but Walsh…
Respondent, Rodney Gant, was arrested for driving with a suspended license. Subsequent to the search of the Gant’s vehicle officers found cocaine in the back seat. At trial Gant moved to have the evidence suppressed denied that there was probable cause to search the vehicle, but did not decide to suppress the evidence. The court ruled the search to be that incident to an arrest. Respondent was found guilty and sentenced to three-year prison term.…
Exigent circumstances (the driver fleeing at a high rate of speed) allowed the officer to give chase to protect herself and the public. The gun was in plain view and could be seized although it is unknown whether or not it was indicative of any crime that had been committed. The marijuana was not in plain view and could not legally be submitted as evidence in a court of…
Despite the fact that this Court has found the Hurst error harmless in some cases without evidentiary development, this Court has never done so when a defendant has proffered evidence and been denied a hearing. Appellant requested a hearing based on a substantial evidentiary proffer showing the extent of the Hurst error in his case. This proffer cast doubt on what the outcome of his penalty phase would have been without the constitutional error. In light of Appellant’s proffer, the circuit court should have held an evidentiary hearing on harmless error. This Court should remand for such a hearing.…
The Court I attended was Court of Justice. On March 21 2013 after my classes and I got there on time for the court session at 11:00 a.m. It was my first time entering court, the security was very strict, they looked through my purse and made me take everything out of my pockets. After the security check I started looking for courtrooms with trials going on I entered a very interesting Courtroom 10 on the 6th floor. There was many people waiting in that courtroom including attorneys, but the attorneys were standing by the defendants. The trail was open to the public’ the crown stated the facts about the ( ) this wasn’t a jury trail the judge made the decision.…
Television shows such as, Law and Order and Aly Mcbeal have forced me to perceive court as a grand building with a large staircase and marble floors. A novice to the court system, I was unpleasantly surprised to find out just what court was like. The lack of free parking and immense amount of eight dollar parking in downtown Atlanta gave me an initial feeling that it was going to be a day of hassle and inconvenience. After realizing I was not on an episode of “Special Victims Unit,” and there was not going to be sudden dramatic music, and many “I objects!” I settled in, and watched the unassuming traffic violations unfold. Therefore, contrary to my expectations, I found myself in a laid back environment where competence is deemed unimportant to the judges, lawyers, and employees that I encountered.…
Roberson, C., Wallace, H., & Stuckey, G. B. (n.d.). The Charging Funtion. In Procedures in the Justice System (10th ed., p. 122).…