Mcalister Case Summary

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In the review of the case file State v. McAlister the client Jose McAlister is advised to accept the guilty plea offer from the prosecution. The state is charging Jose McAlister with murder in the 2nd degree, with up to life imprisonment; possession of cocaine with the intent to distribute, with up to thirty years of incarceration; possession of child pornography, with up to two years incarceration; and possession of a firearm in furtherance of drug trafficking, with a mandatory consecutive sentence of five years’ incarceration. The prosecution conducted a plea offer to pleading guilty to possession of cocaine, with a sentence of eight years’ concurrent incarceration; possession of child pornography, with five years’ concurrent incarceration; …show more content…

McAlister had evidence proving guilty, due to law enforcement conducting scientific evidence methods to prove the evidence gathered from the car and the apartment are related to Jose. Police used the keys to open and search the car where they discovered unlawful items. Thus they discovered $1,000 in $20 bills, a box of Ziploc baggie and a half-kilo of crack cocaine powder in the love box. Additionally, police detected the file on the laptop had data on drug trafficking. The money, baggies, laptop, and cocaine will be evidence for McAlister to be charged with possession of cocaine with the intent to distribute with up to 30 thirty years of incarceration. In contrast law enforcement also discovered an artsy picture of a underage seductively posing naked girl under the bottom cushion of the driver’s seat that holds a small paper reading “Happy Birthday, Mick” in Spanish. As a result the child pornography that was discovered gives Jose McAlister up to two years incarceration for possession. Additionally, Law enforcement discovered a map with a circle over a portion of Interstate 74, a firearm, and a knife with reside on the blade under the passenger’s seat. The map leads law enforcement to the naked body of Venzie Viktum who was wrapped in plastic in a ditch with overgrown weeds four feet high. Pathologist revealed the blood on the knife discovered in Jose’s car and the latent prints on Venzie Viktum were from Jose McAlister. In …show more content…

McAlister case valid rules of evidence and testimony were used to prove Jose McAlister is guilty beyond a reasonable doubt. In this case, circumstantial evidence demonstrated a factual matter by proving other events from which the occurrence of the matter can be reasonably inferred. The evidence of the map found in McAlister’s car proved there was a relationship between McAlister and the murder of the victim Venzie Viktum. Furthermore, the evidence received by law enforcement was relevant, reliable, and competent. The evidence was gathered by a probable cause and was not prejudicial, misleading, inaccurate or distracting. The court case had many valid testimony’s that prove Jose is guilty of the charges against him. The prosecutions’ witness Willy will testify at the preliminary hearing and admitted he was in a drug distribution conspiracy with Jose. Additionaly the prosecutions discovery would be available and applicable to be called by the intern at the government laboratory that conducted the certificate of analysis analyzing the evidence found and the body. The prosecution has plans to call Jose’s former attorney that knows everything about Jose’s illegal activities. Futheremore the prosecution will also call Nancy Nozzy who is the neighborhood watch caption that information. The expert testimony from the government laboratory has specialized knowledge that will help the trier of fact to understand the evidence that Jose was guilty. The testimonies from

In this essay, the author

  • Explains that in state v. mcalister, the client is advised to accept the guilty plea offer from the prosecution. the case demonstrated constitutional rights and privileges by retrieving and pursuing valid search warrants.
  • Analyzes the constitutional rights and privileges of jose mcalister when he was arrested and his personal items were probed. the fourth amendment states that the right of people to be secure in their persons, houses, papers, and effects, shall not be violated
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