Criminal Law 10th Edition Joel Samaha - Solutions

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Raymond Woollard, a handgun owner, and a Second Amendment advocacy group brought an action against state officials, alleging Maryland’s requirement that an applicant demonstrate “good and substantial reason” for the issuance of a handgun permit violated the Second Amendment. The U.S. District
On December 1, 2011, a jury convicted the defendants of criminal harassment and convicted William of making a false report of child abuse. On the harassment charge, William was sentenced to two and one-half years in the house of correction, eighteen months to be served with the balance suspended
James Robert Newman (Defendant) was convicted in the Circuit Court, Multnomah County, of felony driving under influence of intoxicants (DUII), and he appealed. The Oregon Court of Appeals affirmed. The Oregon Supreme Court allowed review and reversed.Facts“James Robert Newman (Defendant) met his
Ford J. Levy (Defendant) was convicted in the Justice Court of the Town of North Castle, Westchester County, of reckless endangerment in the second degree, reckless driving, and speeding. Levy appealed. The N.Y. Supreme Court, Appellate Term reversed and remanded for a new trial.The People charged
Acie Terry moore was convicted of second-degree murder and sentenced to the trial court sentenced defendant to a presumptive-range term of 146 to 185 months' imprisonment. moore appealed, arguing that the trial court should have instructed the jury on the defense of unconsciousness.FactsAt about
Ronald Gene Fleck (Defendant) was convicted by a jury in the District Court, Douglas County, of assault by the intentional infliction of or attempt to inflict bodily harm upon another (assault-harm). Fleck appealed. The Court of Appeals reversed and remanded. The State filed a petition for review.
Tracy Kastl, a juvenile, was found to be delinquent, convicted of being a minor in possession of alcohol, and her driver’s license was suspended for one year. She appealed. The arizona Supreme Court reversed and dismissed the case.FactsTracy Kastl was one of five passengers in a vehicle that was
Zamara Janice Williams (Defendant) was convicted in a jury trial in the Circuit Court, Hillsborough County, of possession of cannabis with intent to sell, manufacture, or deliver. Defendant appealed. The Florida Court of Appeals reversed and remanded.FactsTampa police officers Filippone and Cruz
Walter and Helen Pestinikas were convicted of third-degree murder in the Court of Common Pleas, Criminal Division, Lackawanna County. Each was sentenced to serve not less than five years or more than ten years in prison. Defendants appealed. The Superior Court, Nos. 375 and 395 Philadelphia 1989,
It’s a misdemeanor to drink in public parks in most cities, including Minneapolis. Yet when a gourmet group had a brunch in one of the city’s parks, because they thought the park had just the right ambience in which to enjoy their salmon mousse and imported French white wine, not only did the
Dwight Ralph Smallwood was convicted of assault with intent to murder, reckless endangerment, and attempted murder. The trial court sentenced Smallwood to concurrent sentences of life imprisonment for attempted rape, 20 years’ imprisonment for robbery with a deadly weapon, 30 years’
There’s a video game making its way around the Internet, and many who have come across it say it crosses a line. “Border Patrol” is a Flash-based game that lets players shoot at Mexican immigrants as they try to cross the border into the United States. There’s one simple rule,” the
Douglas E. Metzger was convicted in the municipal court of the city of Lincoln, Nebraska, of violating § 9.52.100 of the Lincoln Municipal Code. The District Court, Lancaster County, affirmed the District Court judgment. Metzger appealed to the Nebraska Supreme Court. The Supreme Court reversed
Assume you’re an advisor to the Criminal Law Committee in your state’s legislature, which is considering legislation adopting “shaming” punishments for selected crimes. You’re asked to write a memorandum for the committee that answers the following questions and then recommends what, if
Kenneth Rokicki was charged with a hate crime based on the predicate (underlying) offense of disorderly conduct. Before trial, Rokicki moved to dismiss the charges alleging, among other things, that the hate crime statute was unconstitutional. The trial court denied his motion. Rokicki waived his
To prepare the memorandum, read the following: a. U.S. v. Gementara (2004). b. Jonathan Turley, Shame on You: Enough with Humiliating Punishments (2005).c. Garvey, Can Shaming Punishments Educate? (1998).
Gary Ewing was convicted in a California trial court of felony grand theft and sentenced to 25 years to life under that state’s three-strikes law. The California Court of Appeal, Second Appellate District, affirmed the sentence, and the State Supreme Court denied review. Certiorari was granted.
Alfred Brown, the defendant, was convicted in the 268th Judicial District Court, Fort Bend County, of murder. The defendant appealed. The Houston Court of Appeals reversed and remanded. State petitioned for discretionary review. The Court of Criminal Appeals, Overstreet, J., held that the defendant
In 1997, 17-year-old Jeremy Strohmeyer entered a Las Vegas casino restroom holding the hand of 7-year-old Sherrice Iverson. He apparently raped and murdered the little girl in a restroom stall. While these horrendous crimes were being committed, Strohmeyer’s high school buddy, David Cash, entered
Walter and Helen Pestinakas were convicted of third degree murder in the Court of Common Pleas, Criminal Division, Lackawanna County. Each was sentenced to serve not less than five years or more than ten years in prison. Defendants appealed. The Superior Court, Nos. 375 and 395 Philadelphia 1989,
Appellant Jermaine Porter was adjudicated delinquent for being a minor in possession of a handgun and was committed to the Department of Youth Services. On appeal, Porter challenges the sufficiency of the evidence supporting the trial court’s decision. We affirm.LAYTON ROAF, J. Little Rock
Calvin Stark was convicted in the Superior Court, Clallam County, Washington, of two counts of second-degree assault for intentionally exposing his sexual partners to the human immunodeficiency virus (HIV), and he appealed. The Washington Court of Appeals affirmed, and remanded the case for
Pete Jantzi was convicted in the Circuit Court, Klamath County, of assault in the second degree, and he appealed. The Court of Appeals held that the defendant knew he had a dangerous weapon and that a confrontation was going to occur, but that he did not intend to stab the victim. Thus, the
Bernhard Goetz, the defendant, was indicted for criminal possession of a weapon, attempted murder, assault, and reckless endangerment. The Supreme Court, Trial Term, New York County, dismissed the indictment and the People appealed. The Supreme Court, Appellate Division affirmed, and the People
Marion Hammer, executive director of Unifi ed Sportsmen of Florida, representative of the National Rifl e Association in Florida:When you are prosecuting law-abiding people for defending themselves against criminals, it’s wrong and it has to be fixed. And the castle doctrine laws fixed
Teresa Thomas was convicted in the Court of Common Pleas, Athens County, of murder with a firearm specification, and she appealed. The Court of Appeals affirmed. The Supreme Court, Alice Robie Resnick, J., held that: (1) there is no duty to retreat from one’s own home before resorting to lethal
An eight-year-old boy faces double-murder charges in the shooting death of his father and another man while residents in the bucolic community of St. Johns try to make sense of the chilling crime. “This is precedent-setting. We’re going to charge an eight-year-old with two counts of
St. Elizabeth’s Mental hospital submitted a proposal for the limited conditional release of patient John Hinckley, who was committed to the hospital upon a jury finding of not guilty, by reason of insanity, for the attempted assassination of the president of the United States. The Court granted
Helen Ulvinen was convicted of first-degree murder pursuant to Minn. Stat. § 609.05, subd. 1 (1980), which imposes criminal liability on one who “intentionally aids, advises, hires, counsels, or conspires with or otherwise procures” another to commit a crime. The Minnesota Supreme Court
Susan and Anthony Provenzino of St. Clair Shores, Michigan, knew their 16-year-old son, Alex, was troubled. His first arrest occurred in May 1995, and in the year that followed, he continued his delinquent behavior by committing burglary, drinking alcohol, and using and selling marijuana. Alex was
Brian Chism (the defendant) was convicted before the First Judicial District Court, Caddo Parish, of being an accessory after the fact, and was sentenced to three years in Parish Prison, with two and one-half years suspended, and the defendant appealed. The Louisiana Supreme Court affirmed the
Accounting firm was convicted in the U.S. District Court for the Southern District of Texas, Melinda Harmon, J., of obstructing Securities and Exchange Commission (SEC) proceeding, and it appealed. The U.S. Court of Appeals 5th Circuit, Texas, affirmed.REAVLEY, HIGGINBOTHAM and BENAVIDES, JJ.,
Peter Tomaino, the owner of an adult video store, was convicted in the Court of Common Pleas, Butler County, of disseminating matter harmful to juveniles. He appealed. The Court of Appeals reversed and remanded. WALSH, J. Peter Tomaino, the appellant, owns VIP Video, a video sales and rental
In the heat of an argument, a woman grabs a gun and fires at her spouse, trying to kill him. She misses. Realizing the horror of what she has tried to do, she throws down the gun and embraces her husband. Another woman, also arguing with her spouse, grabs a gun and shoots at him. She, too, misses
James Kimball, the defendant, was charged with and convicted of attempted unarmed robbery, at a bench trial conducted in early August 1979. He was sentenced to a prison term of from three to five years and appeals by leave granted. Reversed and remanded.MAHER, J. There is really very little
Raymond Alexander Young, the defendant, was convicted before the Circuit Court for Prince George’s County, of attempted armed robbery. He was sentenced to 20 years, and he appealed. The Court of Special Appeals affirmed the conviction and sentence, and Young petitioned for certiorari. The
The defendant, Ralph Damms, was charged by information with the offense of attempt to commit murder in the first degree. The jury found the defendant guilty as charged, and the defendant was sentenced to imprisonment in the state prison at Waupun for a term of not more than ten years. Damms
David Le Barron was convicted of attempted rape and sentenced to not more than 15 years in prison. He appealed. The Wisconsin Supreme Court affirmed the conviction. CURRIE, J. On March 3, 1965, at 6:55 p.m., the complaining witness, Jodean Randen, a housewife, was walking home across a fairly
Leon Garcia, also known as Cody Garcia, the defendant, was convicted in the U.S. District Court for the District of Arizona of conspiracy to assault with a dangerous weapon and was sentenced to 60 months in prison. The defendant appealed. The Court of Appeals reversed and remanded. REINHARDT,
James Cotton, the defendant, was convicted in the District Court, Eddy County, of criminal solicitation, and he appealed. The Court of Appeals reversed and remanded.DONNELLY, J.The defendant and his stepdaughter. Subsequently, the District Court issued an order awarding legal and physical custody
Robert Byford, the defendant, and a codefendant were convicted in the Eighth Judicial District Court, Clark County, of first-degree murder with the use of a deadly weapon and were sentenced to death, and they appealed. The Supreme Court reversed and remanded for retrial. On remand, the defendant
Just hours before they died, Miller, Wantz, and family members met with Kevorkian at the home of Sherry Miller’s parents on October 22, 1991. Miller, 43, had advanced multiple sclerosis and had approached Kevorkian a year earlier. She kept pursuing him and told her story several times on
Lloyd Duest (the defendant) was convicted in the Circuit Court, Broward County, Patricia W. Cocalis, J., of first degree murder, for which the sentence of death was imposed, and the defendant appealed. The Supreme Court, Adkins, J., held that evidence was sufficient to support the conviction; and
Robert Berkowitz, the defendant, was convicted in the Court of Common Pleas, Monroe County, of rape and indecent assault and he appealed. The Superior Court, Philadelphia, reversed the rape conviction. The Pennsylvania Supreme Court affirmed the Superior Court’s reversal of the conviction. 609
On the night of June 23, 1993, John Wayne Bobbitt arrived at the couple’s Manassas, Virginia, apartment highly intoxicated after a night of partying and, according to testimony by Lorena Bobbitt in a 1994 court hearing, raped his wife. (John was tried and acquitted for this alleged spousal rape
Bobby Joe Joyce, Timothy E. Smith, Thomas O’Halloran, and Jim Tullah, homeless persons, brought an action against the city seeking a preliminary injunction against the Matrix Program that targeted violation of certain ordinances (quality of life offenses) and thus allegedly penalized homeless

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Criminal Law 10th Edition Joel Samaha - Solutions

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