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General case analysis
Supreme court cases criminal justice
Case analysis and problem solving
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MILLERSBURG — Confronted with additional evidence against himself, a Killbuck man on Thursday admitted to having consensual sex with a 14-year-old girl. David A. Phillips, 29, formerly of 151 ½ S. Main St., pleaded guilty in Holmes County Common Pleas Court to one count each of unlawful sexual conduct with a minor, disseminating matter harmful to juveniles and contributing to the unruliness or delinquency of a minor. In exchange for his guilty plea, the state agreed to dismiss one additional charge of unlawful sexual conduct with a minor, one count of illegal use of a minor in nudity-oriented material or performance and two more counts of disseminating matter harmful to juveniles. While Phillips faced up to seven years in prison, Judge Robert Rinfret accepted and adopted a jointly recommended …show more content…
“I have three daughters, thank God they didn't have Facebook (as teens),” said Rinfret. His admonishment was interrupted by Phillips, who used profanity to express his dissatisfaction with the law. The offer, including the sentencing recommendation, was made with the understanding there is a risk any time a case goes to trial, according to Holmes County Prosecutor Sean Warner, explaining some of the evidence could have been confusing to a jury. A plea, he said, also eliminates the reliance on testimony of a 14-year-old girl who was “not thrilled to tell strangers about her sexual experiences.” The girl was well-informed of and in complete agreement with the state's offer, according to victim advocate Andy Zedella. From Phillips' perspective, defense attorney Jeff Kellogg said, “The state provided evidence just recently that I couldn't challenge.” The evidence — Facebook correspondence between Phillips and the girl — was reviewed with Phillips, who, just days prior to the scheduled start of a trial, elected to accept the deal, said
Judge Fahey felt that affidavits provided by Dascoli’s mother and ex- girlfriend in support of Dascoli were weak and insubstantial, as well as not credible given the fact the defendant had the opportunity to advise Kelly of first aggressor evidence failed to do so. Additionally, in reference to an affidavit written by a medical expert, Fahey states that his conclusion was “without sufficient factual basis, and is, at best, conjecture and
Your honor, ladies and gentlemen of the jury, thank you for your attention today. [Slide #2] I would like to assert that separation is not the end of a relationship. Divorce is not the end of a relationship. Even an arrest is not the end of a relationship. Only death is the end of a relationship. In the case of defendant Donna Osborn, her insistence that ‘“one way or another I’ll be free,”’ as told in the testimony of her friend Jack Mathews and repeated in many others’, indicates that despite the lack of planning, the defendant had the full intent to kill her husband, Clinton Osborn.
Throughout the trial, defense attorneys attempted to argue Salvi was suffering from psychological disorders that would make him incompetent for trial. Ultimately, however Salvi was found competent to stand trial. After reading Salvi’s full psychiatric interview, the official court transcript of the four-day competency hearing, and the day-to-day summary; I have come to agree that the defendant, John Salvi was competent to stand trial.
The juvenile case of Ricky Smith was brought to the attention of the Michigan Juvenile Court as he had been initially referred for truancy. However, his probation had been extended due to Mr. Smith being found driving a stolen vehicle. According to People v. Smith (1991), Mr. Smith was referred to the juvenile court again for riding a bicycle while under the influence of alcohol and for stealing candy bars. The juvenile court, again, chose to extend Mr. Smith’s probation, even though he had clearly demonstrated non-compliance with the rules of his probation by continuing to accrue delinquent charges. An additional report was filed with the court alleging that Mr. Smith had violated the terms of his probation due to a curfew infraction and threatened an officer. It appears that the Assistant District Attorney in the case attempted to have Mr. Smith’s case transferred to adult criminal court after he had been charged with stealing a woman’s purse. However, the court denied the request to do so. After the denial, Mr. Smith was sentenced to a boy’s reform school. He absconded from the facility and was listed as a runaway until he was found later, as an adult, with pending adult charges.
Joseph A. Kahrig, 26, whose last known address was 348 Derr Ave., Apt. B, previously pleaded guilty in Holmes County Common Pleas Court to theft and forgery.
William Hiller, 57, of 4571 County Road 51, Glenmont, pleaded guilty in Holmes County Common Pleas Court to two counts of gross sexual imposition.
While Wright faced up to three years in prison, his plea agreement included a joint
Reasoning: The responsibility of the prosecutor is to disclose information and evidence. If there is a promise being made by an attorney, then the information should be must be attributed to the government. The Supreme court had found that the prosecutor’s lacked to disclose evidence that was relevant to the defense. The prosecutor had also failed to correct the false evidence that had been presented at the
The remaining 12 including Michael Pitts, Sharon Davis-Williams, Tamara Cotman, Donald Bullock, Dana Evans, Tabeeka Jordan, Diane Buckner-Webb, Pamela Cleveland, Theresia Copeland, Angela Williamson, Dessa Curb and Shari Robinson chose not to accept the plea bargain. Only one of the defendants, Dessa Curb, was acquitted while the remaining 11 were convicted of a variety of charges, including racketeering, false swearing and false statements. Prior to sentencing, Judge Baxter again urged remaining defendants to strike a plea bargain. The pleas being offered were: Michal Pitts, Sharon Davis-Williams and Tamara Cotman: a 5-year sentence that would include 1 year of time served weekends only, the rest would be probation and a $10,000 fine; Donald Bullock, Dana Evans, and Tabeeka Jordan’s: 6 months in jail to be served on weekends and a $5,000 fine; Diane Buckner-Webb, Pamela Cleveland, Theresia Copeland and Angela Williamson: 1-year home confinement and $1,000 fine. Shari Robinson’s plea information was not noted. All of the pleas came with the stipulation that the defendants could not appeal. Only 2 of the defendants, Donald Bullock and Pamela Cleveland, chose the plea bargain; they received sentences that involved house arrest or weekend jail
Naz made a series of poor and rushed decisions that led him to be convicted in a murder case in the first place. There are much evidence shows that Naz is the murderer. He has committed other crimes such as, stealing his father’s cab, taking drugs, taking a knife from a crime scene, not reporting the crime, and resisting arrest. Despite all the crimes he admitted, there is a necessity of finding other certain evidence that supports his claims. Another challenge to make the decision whether to take the plea deal or not is the influence of people around Naz. For illustration, his lawyer, Crowe, advised him to take the deal. Also, his previous lawyer, Stone, advised him as well to take the deal rather than depend on what the jury will decide. Also, one of Naz's follow inmates advised him to take the deal. All these advice could have influenced him to follow their opinion and ignore the truth. On the other hand, Chandra’s answer to Naz’s question was a challenge to take the deal because she said that if she did not kill the lady, she won’t take the
A judgment of acquittal should be granted against the United State’s case. The government contends that Ken Stringfellow has committed perjury pursuant to Title 18, United States Code, Section 1623(a). However, Mr. Stringfellow repudiated his previous inaccurate declarations during the grand jury proceedings. Therefore, as a result, under § 1623(d), the government is barred from prosecuting Mr. Stringfellow for his prior statements before his recantation. Moreover, the government was successful in its indictment against the defendant’s father Mr. Weed Townsend for illegal possession of child pornography. Mr. Townsend is awaiting extradition from Switzerland to answer for the allegations charged against him. For the reason above, Mr. Stringfellow
year old and serves two years in juvenile hall while if an African American boy committed this
D) Three days after his plea Ray hire a new attorney and filed a motion to renounce the plea
...t his the evidence in front of a jury. Still believing in his innocence Jeff is filing for parole after fourteen years of eligibility. He is hoping to meet parole board criteria so he can be released on parole.
Ryan, G., Leversee, T. and Lane, S. 2014. Juvenile Sexual Offending: Causes, Consequences, and Correction. [online] Available at: http://books.google.ca/books?isbn=0470646942 [Accessed: 14 Mar 2014].