Statement of the Issues The issues presented in this case are whether Mr. Thomas’ Sixth Amendment right to effective counsel was violated due to Ms. Advocate’s performance throughout the sentencing proceeding. Also, if Ms. Advocate’s performance throughout the sentencing proceedings fit the Strickland test: deficient performance and prejudice. Statement of the Legal Standard The legal standard of this case is the Sixth Amendment which provides citizens to a fair, public trial and Assistance of Counsel to defend him or her. The Strickland test will also be applied in this case. The Strickland test consists of two parts. The first part is deficient performance and whether the attorney’s performance fell below an reasonable objective …show more content…
Thomas was represented by Annie Advocate for the sentencing proceeding. Annie Advocate was fresh out of law school and was given Mr. Thomas’ case as a pro bono case on July 23, 2014. Annie Advocate was advised by her supervisor that the court’s record room held files of Mr. Thomas’ abusive childhood. Ms. Advocate was supposed to meet Mr. Thomas on the first of August, but failed to and later met on the 17th of August. When both eventually met, Mr. Thomas admitted to the murders and had a sense of remorse. During this meeting, Ms. Advocate learned about Mr. Thomas’ unstable relationship with his family. Mr. Thomas didn’t have money when he murdered the three college students and that he had been job searching. Ms. Advocate also learned that Mt. Thomas was schizophrenic and had a psychotic episode when he committed the crime. He also was unable to pay for his medication for his disorder. Because of his remorse, he would rather have life in prison than the death …show more content…
Advocate began to investigate on the 20th of August and called a list of people Mr. Thomas told her to call because they may be able to help. Unfortunately, none of his family answered, and two of the numbers were no longer in service. Ms. Advocate was able to reach his doctor. Mr. Thomas’ doctor told Ms. Advocate that Mr. Thomas had not renewed his prescription and his doctor offered to pay for his medication. After her conversation with the doctor, Ms. Advocate did not spend more time on the case and worked on different projects for the rest of the week. Ms. Advocate did not receive any calls from Mr. Thomas family and went to investigate some more. She tried to get Mr. Thomas records from the court, but could not since she did not put a two weeks’ notice and was only a few days away from the trial. She did not investigate more for the sentencing proceeding, but instead worked on a multi million-dollar lawsuit. She finally took time out to read his transcript from his trial and felt a sense of hopelessness since there were a lot of aggravating factors against
At 1714 hours, this writer was met by Officer Walker, of the Metropolitan Police Department, 7th District. CHAMPS were notified on telephone number (202) 481-1450 by the mother Ms. Ward at 1725 hours. Mr. Huy and Ms. Toni Session came to M-1’s place of abode at 1836 hours to conduct an assessment with M-1 to ascertain if he needed to be admitted to the hospital. This case is closed.
1. i. Relevant Secondary Authority: 31 Causes of Action 2d 121 (Originally published in 2006) (Westlaw). ii. Violates right of publicity (Westlaw Research Skills Three). iii.
Reason Case was accepted for investigation: On 12/2/17, Hennepin County Child Protection accepted a report of alleged predatory offender status concerning Tayshawn Robinson, Makayla Mason and Jemeul Robinson by their father’s partner Lillian Simmons. Per reporter received an anonymous report concerning children Tayshawn Makayla and Jemeul. Per reorter the children father’s partner Ms. Lillian Simmons was conited of murder in the 1st Degree in 1989. Ms. Lillian Simmons resides in the home with the children’s father Mr. Quincy Mason.
Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim.
Plaintiff alleges that Defendants Rainone and Nash failed to protect Plaintiff from a “foreseeable inmate assault” and were “deliberate [sic] indifferent to the Plaintiff’s right to be free from inmate assault.” Am. Compl. at 12-21. Plaintiff further contends that Defendants Pugh and Neven conspired against the Plaintiff to “obstruct the due course of justice.”
Williamson could not gain assistance from his parents as they passed away. Williamson’s sisters however did acknowledge he needed assistance and their support before and during his trial. Unfortunately, they were left with very limited ways to help him such as convincing police to grant him limited permission to attend the family funeral before the trial. Describe District Attorney Bill Peterson’s legal tactics and motivation in convicting Williamson and
The safeguards identified in Morrissey v. Brewer were extended to probationers. In the case of Gagnon v. Scarpelli, Gerald Scarpelli pleaded guilty to an armed robbery in Wisconsin. He was sentenced to 15 years, that was later reduced to probation. I would say he got it easy there instead of serving the fifteen years he got probation, which was later revoked. Scarpelli was then caught committing burglary with another person.
Parties: United States of America (Plaintiff) v. Ann W. McRee and Joseph H. Hale (Defendants) Facts: In the case of the United States (Plaintiff) verses Ann W. McRee and Joseph H Hale (Defendants), the defendants were convicted in District Court in Northern Georgia. They were guilty of converting government property based on cashing and disbursement of erroneously issued refund checks, which is a violation of 18 U.S.C. & 371. The Defendants were also charge with five counts of engaged in the interstate transportation fraudulently, violation of 18 U.S.C. & 2314, and one count of converted United States property which is a violation of 18 U.S.C. &641. They were found guilty on all counts.
REPORTER: The reporter/brother-in-law (Edward) called to report neglect for the victim, Robert. Robert is in ICU; he can not talk or perform his daily ADL’s. According to the reporter, Brittany has POA for the victim, and she is neglecting him by not going to the hospital.
Also, a man by the name of Clarence Darrow, who was a strong advocate in the Scopes trial, had been in an interesting case called the Leopold-Loeb murder case. “...he defended two Chicago teenagers who had engaged in a thrill killing just to see if they could get away with it. At the trial he urged that the young killers’ lives be spared because they were not responsible for their actions.” He claimed it was the society’s fault that these two boys committed murder.
Application: In the case of Betts v. Brady, Betts was brought to trial on robbery charges and, like Gideon, could not afford an attorney and was refused to be provided with one. He, too, was forced to represent himself and found guilty. While serving his sentence, the Betts filed a petition for a writ of habeas corpus, with the circuit court, claiming he had been deprived the right to assistance of counsel, guaranteed by the Fourteenth Amendment of the Constitution. His initial petition was rejected, and then he filed a petition for a writ of habeas corpus with the Chief Judge of the Court of Appeals of Maryland, again asserting he was denied his Fourteenth Amendment constitutional right to be represented by
Mr. Dixon’s stay at the prison was cut short due to medical conditions. He had been kicked in the head by a horse as a child and suffered from constant seizures (Robertson). Dixon’s lung cancer had spread to his brain and he was given medical parole, but still faced the charges for the crime. Lawyers of the Innocence Project had seen the frequency of false confessions and requested a rape kit. Semen was tested that was found on a shirt and results led to another man that has been investigated (Robertson).
After reading this case I was terribly shocked about the fact that something like this could happen in our medical history. I couldn’t believe how a patient could be neglected so much. Based on the material that we have learned the lack of ethical theory of deontology in Dr. Evan was disturbing. As a doctor Dr. Evan’s role is to care for patients, keep them away from harm and prolong their life. Though in the trial he stated as if he didn’t care.
In the novel To Kill a Mockingbird by Harper Lee the term mockingbird symbolizes innocence in a person. In the novel it focuses on the fact that innocence, represented by the mockingbird, can be wrongfully harmed. There are two characters: Tom Robinson and Arthur “Boo” Radley that are supposed to represent the mockingbird. In the novel, Tom Robinson is the best example of a mockingbird because he is prosecuted for a crime he did not commit. Also, he was judged unfairly based on the color of his skin in his trial.
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.