Consumer & Business Legal Forms Atkins v. Virginia Executions of mentally retarded criminals are cruel and unusual punishments prohibited by the Eighth Amendment. Commonwealth v. Beneficial Finance Co. A corporation may be convicted for the acts of its agent if the corporation placed the agent in a position in which they had enough authority and responsibility to act for and on behalf of the corporation in handling the corporate business, operation, or project in which they were engaged when they committed the criminal act. A police officers attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 30, 2023. APG, LLC v. DECATUR MOLD TOOL & ENGINEERING, INC. et al These involve a pat down of outer clothing for weapons when an officer reasonably suspects that a person may be armed and dangerous. Allen v. State If a person by provocative behavior initiates a confrontation, even with no intention of killing the other person, they lose the right of self-defense. Gregg v. Georgia The punishment of death for the crime of murder does not, under all circumstances, violate the Eighth and Fourteenth Amendments. Commonwealth v. Leno The necessity defense is not available when the legislature has precluded the defense by a clear and deliberate choice regarding the values at issue. Regina v. Serne Any act known to be dangerous to life and likely in itself to cause death, done for the purpose of committing a felony that causes death, should be murder. A mistaken belief about a fact may defeat a criminal charge if the mistake was reasonable. Although the Fifth Amendment may protect an individual from complying with a subpoena for the production of their personal records in their possession, a seizure of the same materials by law enforcement officers is different because the individual against whom the search is directed is not required to aid in the discovery, production, or authentication of incriminating evidence. These involve issues related to employment, housing, small businesses, taxes, immigration, bankruptcy, and more. U.S. v. Dotterweich Legislation that dispenses with the requirement of awareness of wrongdoing puts the burden of acting at hazard on a person who is otherwise innocent but standing in responsible relation to a public danger. Only in a few specifically established and well delineated situations may a warrantless search of a dwelling withstand constitutional scrutiny. Using a drug-sniffing dog on a homeowners porch to investigate the contents of the home is a search within the meaning of the Fourth Amendment. A guilty plea must be voluntary, knowing, and intelligent, but a prosecutor can use threats or inducements to the extent that their tactics are supported by the evidence in the case. You're all set! US Federal Case Law, Court Opinions & Decisions :: Justia Regina v. Faulkner Malice requires that the act done must be intentional and willful, although the intention and will may perhaps be held to exist in, or be proved by, the fact that the accused knew that the injury would be the probable result of their unlawful act, and yet did the act reckless of such consequences. U.S. v. X-Citement Video, Inc. In a statute prohibiting the distribution of child pornography, the term knowingly extends both to the sexually explicit nature of the material and the age of the performers. Corp. When dangerous products are involved, the probability of regulation is so great that anyone who is aware that they are in possession of them or dealing with them must be presumed to be aware of the regulation. Is the lawyer telling you what you want to hear or being straight forward and honest? (1980-present), Federal Reporter, 2nd Series (F.2d) (1924-1932), Federal Supplement (F. E - foaming tools, #6 Exhibit . Hicks v. U.S. For a conviction based on aiding and abetting, the acts or words of encouragement and abetting must have been used by the defendant with the intention of encouraging and abetting the principal. When the subject of a search is not in custody, and the state would justify a search on the basis of their consent, the state must demonstrate that the consent was voluntary. Commonwealth v. Welansky To constitute wanton or reckless conduct, grave danger to others must have been apparent, and the defendant must have chosen to run the risk rather than alter their conduct to avoid the act or omission that caused the harm. Searches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule. Self-defense allows a person to use deadly force based on a reasonable belief that they faced an imminent threat of death or serious bodily injury. Lawyers, Legal Aid & Pro Bono Services - Justia Lawyer Directory Helping You With Your Legal Needs FAQ Lawyers Get Listed Find Lawyers by Practice Area Personal Injury Medical Malpractice Criminal Law DUI & DWI Family Law Divorce Bankruptcy Business Law Consumer Law Employment Law Estate Planning Foreclosure Defense Immigration Law Harper v. Zegeer Criminally punishing alcoholics for being publicly intoxicated violates the prohibition against cruel and unusual punishment under the West Virginia Constitution. The law belongs to all of us, and Justia is proud to offer free access to federal and state court decisions, codes, and regulations. Access additional case information on PACER. When police make a traffic stop, a passenger in the car (not only the driver) is seized for Fourth Amendment purposes and thus may challenge the stops constitutionality. The federal government and many other jurisdictions hold a corporation liable when an agent commits a crime within the scope of their employment with the intent to benefit the corporation. In the case of a lawful custodial arrest, a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment but also a reasonable search under the Fourth Amendment. However, it is generally limited to homicide, and the Eighth Amendment forbids any punishment that is grossly disproportionate to the crime. Supp.) State v. Thompson The definition of force cannot be stretched to include intimidation, fear, or apprehension. This case requires us to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspected felon. The exigencies of a situation in which officers were in pursuit of a suspected armed felon in the house that he had entered only minutes before they arrived permitted their warrantless entry and search. Get a free directory profile listing Ask a Lawyer Question: Samia v. United States U.S. v. Dougherty The fact that there is widespread existence of the jurys prerogative of lenity, as well as approval of its existence as a necessary counter to case-hardened judges and arbitrary prosecutors, does not establish as an imperative that the jury must be informed by the judge of that power. Navigate to your court case/docket on Justia.com. The surveys also describe key laws and procedures that govern these issues in each state. 2. These include when there was consent to the search, the officers were responding to an emergency, the officers were in hot pursuit of a fleeing felon, or the goods ultimately seized were in the process of destruction or were about to be removed from the jurisdiction. 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In a prosecution in a state court for a state crime, the Fourteenth Amendment does not forbid the admission of relevant evidence, even though obtained by an unreasonable search and seizure. You're all set! New Jersey Case Law :: New Jersey Law :: US Law :: Justia U.S. v. Hilton Hotels Corp. A corporation is liable under the Sherman Act for the acts of its agents in the scope of their employment, even if these are contrary to general corporate policy and express instructions to the agent. State ex. Free Court Case - Search for cases by lawyer, judge and court The middle level of the New Jersey state court system is the New Jersey Superior Court, Appellate Division. Police officers acted reasonably when, with probable cause to believe that a man had hidden marijuana in his home, they prevented that man from entering the home for about two hours while they obtained a search warrant. The Magistrate Courts review cases such as violations of county ordinances, minor criminal offenses, and civil matters with no more than $15,000 at issue. Drug addiction and chronic alcoholism generally are not defenses to crimes such as drug possession or public intoxication. Stanford Copyright and Fair Use Center Powell v. Texas Chronic alcoholics do not suffer from such an irresistible compulsion to drink and get drunk in public that they are utterly unable to control their performance of these acts and cannot be deterred from public intoxication. The Superior Courts are trial courts with general jurisdiction over civil and criminal cases. Police officers who have legitimately stopped a vehicle and who have probable cause to believe that contraband is concealed somewhere in it may conduct a warrantless search of the vehicle that is as thorough as a magistrate could authorize by warrant. The trial court accepted his plea and sentenced Harris. oral argument audio, and resources that provide a panoramic view of each case in its context. In a search extending only to a container within a vehicle, the police may search the container without a warrant when they have probable cause to believe that it holds contraband or evidence. This site is protected by reCAPTCHA and the Google, New York Appellate Division, Fourth Department, New York Appellate Division, Fourth Department Decisions. The police need not have cause to believe that any occupant of the vehicle is involved in criminal activity. 2000 Job Discrimination (Sex) Cheek v. U.S. Statutory willfulness, which protects the average citizen from prosecution for innocent mistakes due to the complexity of the tax laws, is the voluntary, intentional violation of a known legal duty. Sign up for our free summaries and get the latest delivered directly to you. The Superior Courts are trial courts with general jurisdiction over civil and criminal cases. People v. Lauria Both the element of knowledge of the illegal use of the goods or services and the element of intent to further that use must be present to make the supplier a participant in a criminal conspiracy. This outline has been compiled by the Justia team for solely educational purposes and should not be treated as an independent source of legal authority or a summary of the current state of the law. A purchase orders, #2 Exhibit Ex. Sports Law Center Weeks v. United States, 232 U.S. 383 (1914) - Justia US Supreme Court You already receive all suggested Justia Opinion Summary Newsletters. Search for Party Aliases; Associated Cases; Attorneys; Case File . Justia :: Free Law & Legal Information for Lawyers, Students, Business and the Public Legal Guides Injury Law Car Accidents, Medical Malpractice . People v. Anderson Evidence sufficient to sustain a finding of premeditation and deliberation falls into three categories: facts about how and what the defendant did prior to the killing that show that the defendant was engaged in activity directed toward the killing, facts from which the jury could reasonably infer a motive to kill the victim, and facts about the nature of the killing from which the jury could infer that the defendant must have intentionally killed according to a preconceived design to take the victims life in a particular way. FreeCourtCase.com is a free centralized repository of case data compiled from courts around the globe allowing you to find case information for lawyers and judges now. ADAMS LECLAIR LLP, ROCHESTER (STEVEN E. COLE OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Each of the 58 counties in California has a Superior Court, and there are more than 450 courthouses throughout the state. Sometimes the act element involves a failure to act when a defendant was subject to a legal duty. Due Process and the Scope of Criminal Laws. However, a statute cannot criminalize the status of being a drug addict or an alcoholic. When a warrant did not describe the items to be seized, the fact that the application for the warrant adequately described the items did not save the warrant. We also offer the full annotated text of the U.S. Constitution. D - email, #5 Exhibit Ex. Ile-de-France | History, Geography, & Points of Interest Crimes carrying possible penalties up to six months do not require a jury trial if they otherwise qualify as petty offenses. Police officers with probable cause to search a car may inspect passengers belongings found in the car that are capable of concealing the object of the search. The two justifications for the vehicle exception to the warrant requirement of the Fourth Amendment come into play when a vehicle is being used on the highways or is capable of such use and is found stationary in a place not regularly used for residential purposes. People were living on the site of the present-day city, located along the Seine River some 233 miles (375 km) upstream from the river's mouth on the English Channel (La Manche), by about 7600 bce. (APPEAL NO. However, when an officer has probable cause to believe that a suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force. This meant that the conspirators must have been aware of the likelihood that at least some of them would be carrying weapons and that deadly force would be used if necessary to protect their interests. Go to Justia's Support Page. Argentina, Bolivia, Brasil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, Venezuela. Again, there are some exceptions, such as when an officer witnesses a person committing a crime or has probable cause to believe that a suspect whom they encounter in a public place has committed a felony. A search of the passenger compartment of an automobile, limited to those areas in which a weapon may be placed or hidden, is permissible if the police officer possesses a reasonable belief based on specific and articulable facts that, taken together with the rational inferences from those facts, reasonably warrant the officer to believe that the suspect is dangerous and that the suspect may gain immediate control of weapons. There is no duty to retreat before using non-deadly force. The police may also examine the contents of any containers found within the passenger compartment. Commonwealth v. Mochan The common law is sufficiently broad to punish as a misdemeanor, although there may be no exact precedent, any act that directly injures or tends to injure the public to such an extent as to require the state to interfere and punish the wrongdoer. Liparota v. U.S. Without any indication of a contrary purpose in the statutes language or legislative history, the government in a prosecution for food stamp fraud must prove that the defendant knew that their acquisition or possession of food stamps was in a manner unauthorized by statute or regulations. However, a warrant is not needed in certain situations, such as: Like a search, an arrest usually must be supported by a warrant based on probable cause. It may certify a legal question to be resolved by the Supreme Court. The County Recorder's Courts are county-wide traffic courts. The Supreme Court reviews appeals of decisions by the New Jersey Superior Court, Appellate Division. These courts also review appeals of decisions by the Georgia Municipal Courts, the Georgia Magistrate Courts, the Georgia Probate Courts, and the Georgia County Recorder's Courts. The lowest level of the California state court system consists of the California Superior Courts. Robinson v. California A state law that imprisons a drug addict as a criminal, even though he has never touched any drug in the state or been guilty of irregular behavior there, inflicts a cruel and unusual punishment and thus is unconstitutional. The modern city has spread from the island (the le de la Cit) and far beyond both banks of the Seine. C - payment report, #4 Exhibit Ex. If you are an attorney and have found your profile, claiming, verifying and updating it is highly recommended. The governments acquisition of an individuals cell-site records was a Fourth Amendment search. Ewing v. California Nothing in the Eighth Amendment prohibits a state from choosing to incapacitate criminals who have already been convicted of at least one serious or violent crime. To justify a patdown of the driver or a passenger during a traffic stop, however, the police must harbor reasonable suspicion that the person subjected to the frisk is armed and dangerous. U.S. v. Gementera The Sentencing Reform Act affords district courts broad discretion in fashioning appropriate conditions of supervised release, while mandating that such conditions serve legitimate objectives. These filings and docket . A large Disneyland theme park in Marne-la-Valle also is a significant tourist draw. They also may review appeals from Magistrate Courts. The power of jury nullification may allow a jury to acquit a defendant despite overwhelming evidence of their guilt. Chicago v. Morales Vagueness may invalidate a criminal law if it fails to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits, or if it authorizes or encourages arbitrary and discriminatory enforcement. freedoms of Americans since the Founding. The use of highway sobriety checkpoints does not violate the Fourth Amendment. State v. Benniefield For a conviction of drug possession in a school zone, the prosecution does not need to prove that the defendant knew that he was in a school zone. Interstate Circuit, Inc. v. U.S. To establish an agreement, the government may rely on inferences drawn from the course of conduct of the alleged conspirators. Personal Injury Resistance is not necessarily required if the prosecution can show that the defendant used threats that prevented resistance. Georgia Case Law :: Georgia Law :: US Law :: Justia The police may seize non-threatening contraband detected through the sense of touch during a protective patdown search of the sort permitted by Terry, so long as the search stays within the bounds marked by Terry. Use the links below to access additional information about this case on the US Court's PACER system. U.S. v. Jewell To impute criminal knowledge to a defendant based on willful ignorance, the defendant must have been ignorant solely because they had a conscious purpose to avoid learning the truth. Free Justia Connect Basic Memberships unlock access to core program features, while upgraded Justia Connect Pro Memberships offer expanded benefits. Inmates of Attica Correctional Facility v. Rockefeller Federal courts have traditionally refrained from overturning, at the instance of a private person, discretionary decisions of federal prosecuting authorities not to prosecute persons regarding whom a complaint of criminal conduct is made. Schlachter et al v. Microsoft Corporation - Justia Dockets & Filings For additional primary sources and articles on legal practice visit our Professional . Terry v. Ohio :: 392 U.S. 1 (1968) - Justia US Supreme Court Center Garnett v. State There is no reasonable mistake of age defense to statutory rape, since this is traditionally viewed as a strict liability crime designed to protect young persons from the dangers of sexual exploitation, loss of chastity, physical injury, and pregnancy. Atlanta, Chicago, Miami, Philadelphia Mexico Find a Lawyer Lawyers - Get Listed Now! While statutes and regulations define many crimes, understanding the nuances of criminal law also requires exploring cases that have interpreted common-law, statutory, and constitutional principles. Morissette v. U.S. Mere omission from a criminal statute of any mention of intent is not to be construed as eliminating that element from the crimes defined. Our recently updated Sports Law center provides information on issues such as contracts, endorsements, collective bargaining, and doping regulations. Reasonable police regulations related to inventory procedures, administered in good faith, satisfy the Fourth Amendment. The California Workers' Compensation Appeals Board is a separate judicial entity that consists of seven members. Every lawyer profile can have extensive listing information, including full contact information, education, associations, practice areas, and links to their online presences, such as website, blog and social media profiles. Santobello v. New York When the prosecution failed to keep a commitment concerning the sentence recommendation on a guilty plea, the interests of justice and proper recognition of the prosecutions duties in relation to promises made in connection with plea bargaining require that the judgment be vacated and that the case be remanded to the state courts for further consideration as to whether the circumstances require only that there be specific performance of the agreement on the plea, or whether the defendant should be allowed to withdraw the plea. US Law Knowing the law helps you understand your rights and obligations. Decided on June 30, 2023 The Probate Courts review cases that involve wills, guardianships, and other matters related to estates and incapacitated adults. The Fourth Amendment exclusionary rule does not apply to evidence obtained by police who acted in objectively reasonable reliance on a statute authorizing warrantless administrative searches, which is subsequently found to violate the Fourth Amendment. Sign up for our free summaries and get the latest delivered directly to you. Most crimes contain act (actus reus) and mental state (mens rea) elements. You already receive all suggested Justia Opinion Summary Newsletters. Select "Submitting a request to block a Justia link from the search engines" from the list of options under "I need help with." 4. Jones v. City of Los Angeles The Eighth Amendment prohibits enforcement against homeless individuals of a law that criminalizes sitting, lying, or sleeping on public streets and sidewalks, since they are engaging in these actions involuntarily due to the unavailability of shelter. An accomplice is a person who facilitates criminal conduct by another person, known as the principal. They may be charged with the same crime as the principal. U.S. v. MacDonald & Watson Waste Oil Co. When a crime has knowledge as an express element, a mere showing of official responsibility is not an adequate substitute for direct or circumstantial proof of knowledge. It reviews petitions for reconsideration of decisions by workers' compensation administrative law judges. New York Central & Hudson River Railroad Co. v. U.S. Congress can impute to a corporation the commission of certain criminal offenses and subject it to prosecution for them. (This case was overruled by Katz v. U.S. Syllabus U.S. Supreme Court However, when another suspect had been lawfully arraigned and released on his own recognizance after his unlawful arrest and had returned voluntarily several days later when he made an unsigned statement, the connection between his unlawful arrest and the making of that statement was so attenuated that the unsigned statement was not the fruit of the unlawful arrest and was properly admitted. U.S. v. Jackson The selection of a sentence within the statutory range is essentially free of appellate review. The Supreme Court reviews appeals of decisions by the New Jersey Superior Court, Appellate Division. People v. Kevorkian There is a distinction between active participation in a suicide and involvement in the events leading up to the suicide, such as providing the means. The Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. It can be charged separately from the underlying crime. Florida, Illinois, Ohio, Pennsylvania Other US Cities Many forms are available at no cost. Graham v. Florida The Eighth Amendment does not permit a juvenile offender to be sentenced to life in prison without parole for a non-homicide crime. The highest court in New Jersey is the New Jersey Supreme Court, which consists of seven judges. LAW OFFICE OF ANDREW J. STIMSON, AMHERST (ANDREW J. STIMSON OF COUNSEL), FOR DEFENDANT-RESPONDENT RYAN STYLES. U.S. v. Ansaldi Knowledge of the law prohibiting drug manufacturing and distribution, or an intent to violate the law, is simply not an element of this offense. This court reviews appeals of decisions by the state Board of Taxation. rel. People v. Kern Defendants who chased and threatened the victim while carrying weapons were liable for the victims death when the only reasonable alternative for the victim was to seek safety by crossing a highway, where they were hit by a car and killed. In a traffic stop setting, the first Terry condition (a lawful investigatory stop) is met whenever it is lawful for police to detain an automobile and its occupants pending inquiry into a vehicular violation. Argued April 23, 2007Decided June 18, 2007 Paris has been a commune (municipality) since 1834 (and also briefly between 1790 and 1795).
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