People V. Smith Case Brief

The judge did not feel as though this sentence would be a wise one for this particular case. S.K the teenager in charge of the wheel ended up a quadriplegic, though unintentional the sacrifice of his limbs as well as 25 years off of his life, is what saved him from facing a harsh prison sentence. The judge decided that S.K would not live if he were to stay in a jail, due to his current physical situation. S.K required 24-7 medical attention. These services Justice Sonosa felt could not be provided, at the rehabilitation facility that S.K was supposed to attend, hence his final decision.

Case Name: U.S. ex rel. Cannon v. Smith Case Citation: 388 F. Supp. 1201 (W.D.N.Y. 1975) Procedural History: State prisoner filed pro se application for writ of habeas corpus to secure his release from imprisonment for rape. The U.S. District Court for the Western Division of New York denied his request and he appealed. The U.S. Court of Appeals, Second Circuit remanded.

Smith, Petitioner V. Thompson, Respondent Case Number: OH 5647-32 Facts: This appeal arises out of a post-judgment ruling by the trial court on the issue of whether Mr. John Smith stole Ms. Agnes Thompson’s mail in order to commit identity fraud. The facts which give rise to this matter are as follows: Agnes Thompson, 74 year old, accused John Smith of stealing her mail and opening several accounts using her personal information and social security number. Mr. Smith allegedly stole Ms. Thompson’s mail in order to commit identity fraud; subsequently, the police arrested Mr. Smith was arrested in June of 2015. Later, the Federal District Court in Toledo tried Mr. Smith in August of 2015.

Facts Riley was stopped for driving on expired license plates by San Diego police officer. The police officer found out Riley’s license was also expired, which resulted in the impounding of the his vehicle. During the inventory of the vehicle, officers found firearms stashed in a sock under his car’s hood a. People v. Riley, No. D059840, 2013 WL 475242, at *1 (Cal.

The 1990 case of Employment Division v. Smith is about Smith and Black who were both members of a Native American Church and counselors at a private drug rehabilitation clinic. They were both fired because they had taken peyote as a part of their religious ceremonies, at that time the possession of peyote was a crime under the State law. The counselors filed for unemployment in the state, but were denied by the Employment Division because the reason for their unemployment was work-related misconduct. Smith and Black argued, stating that under the First Amendment the government is forbidden from prohibiting the "free exercise" of religion in this case the free exercise of peyote. Court of Appeals reversed the ruling, saying that denying them unemployment benefits for their religious use of peyote violated their right to as it was a part of their religion.

Issue: Was the juvenile court’s waiver of jurisdiction valid? Was the statutory requirement of a “full investigation” been met? Rule: The Supreme Court decided there was not an adequate examination preceding the adolescent court waiver of

In Palmer v. Thompson, 391 F.2d 324 (5th Cir. Miss. 1967), twelve Black American citizens living in Jackson, Mississippi, filed a suit on behalf of themselves and fellow Black American citizens seeking an injunction against the Mayor and Commissioners of Jackson, its Police Chief, and its Director of Recreation, alleging discriminatory conduct in the operation of the city’s swimming pools and jails. In 1963 the “City of Jackson closed all swimming pools which it owned and operated. From that time forward “no municipal swimming facilities were opened to any citizen of either race. And the city acknowledged that it did not intend to reopen or operate any of the swimming facilities on an integrated basis. The city contended that the racial integration of the pools would endanger personal safety of all citizens and would pose a problem for officials to maintain law and order.

In July 1979, Gary Dotson was convicted of aggravated kidnapping and rape of a young woman in 1977. He was sentenced to not less than twenty-five and not more than fifty years. Many years after Dotson’s conviction, the victim recanted her testimony because she didn’t want anyone to know about a sexual encounter with her boyfriend so she fabricated the rape. Once the victim recanted her testimony, Dotson contended that the recantation constituted grounds to vacate the original sentence and he should be awarded a new trial. In 1987, the governor agreed to grant Dotson his last chance at parole.

People v. Smith, 437 Mich 293, 470 NW2D 70, 78 (1991) addresses public policy conflicts and balance as it relates to the juvenile justice process (Elrod & Ryder, 2014). The issue presented in People v. Smith (1991) by the Supreme Court of Michigan is whether the inclusion in the presentence investigative report of an expunged juvenile record, in this case of defendant, Ricky Franklin Smith, requires, under MCR 5.913, presently MCR 5.925(E), that Smith be resentenced (People v. Smith, 1991). The issue involved was that Smith argued that he should be resentenced due to the inclusion of the pre-sentence investigative report of his previously expunged juvenile record. In People v. Smith (1991), it is stated that, “The purpose of the court rule,

Therefore, Ricky Smith was sentenced to serve his time concurrently with the other sentence that he had encountered. However, in the case of People v. McFarlin, 389 Mich 557; 208 NW2d 504 (1973), it was suggested that a judge has the right to consider an adult offender's juvenile record, whereas the Probate Code suggests the probate *299 court cannot use a juvenile record as proper evidence against a child in any case in any civil, criminal, or other cause except under a Juveniles and Juvenile Division Chapter of the Probate Code(People v. Smith, 2017). Shortly after in 1978, the Court adopted JCR 13, in which provided automatic expungement juvenile offender records, providing within seven years afterward there is not a felony conviction(People v. Smith, 2017). The Panel of a different court has encountered this situation before, for instance in the People v. Price, 172 Mich App 396, 399-400; 431 NW2d 524 (1988) found that an automat expunge pursuant to MCR 5.913 will not use a juvenile record in court sentencing whereas, in the case of People v. Jones, 173 Mich App 341; 433 NW2d 829 (1988) suggests that a expunged juvenile record could be a factor in sentencing and included in the

As a parole board member, I would like to release offender Smith under specific conditions. Before I discuss the conditions, I simply need to give a little summary of the offender violations he committed. Mr. smith was arrested for forcible rape and aggravated assault to his girlfriend. Offender Smith and his girlfriend at the time were both high off cocaine or PCP. She didn 't want to engage in sexual relations with him, so Mr. Smith got extremely upset and punched her and ruthlessly assaulted her.

Wrongful convictions are one of the major problems that the justice system faces. Much worse is that there are people whom the judicial system has sentenced to death for crimes they did not commit. A wrongful conviction is a terrible injustice that is magnified when an innocent person spends years in prison or death row. The number of exonerated ex-offenders is steadily rising, however growing awareness of the injustices occur every day in American courts, it helps raise profound doubts about the accuracy and fairness of the criminal justice system. Cheryle (Hayes)

Bill Smith, a 36 years old employee of Western Company got laid off recently, because Laurier Company bought the Western Company and subsequently terminated 20 of Western’s employees. As part of the buyout agreement, it was promised that the severance package offered to the former Western employees would be equivalent to those offered to Laurier employees who had been terminated in the past year. And severance is determined by length of service with the company. Bill Smith has been working for Western Company for the past 10 years and he complained that his offer of 5 weeks’ severance pay was less than that offered to Laurier’s employees when they were laid off. In order to determine whether Bill is correct in his assessment of the severance

The case made an impact on the treatment of juveniles today because juveniles now have four basic constitutional rights when they are to be

During the fall of 1993, Shirley Crook’s, a loving mother and wife, life was horribly cut short in one of the most horrific ways possible, drowning. Seventeen year old, Christopher Simmons, wrapped his victim in duct tape and electrical cords and drowned her in a river with help from his accomplices John Tessmer and Christopher Benjamin. He attempted to burglarize the Crooks residence along with his accomplices, and he only murdered Mrs. Crooks because ‘the bitch seen my face’ (State v. Simmons). He “assured his friends that their status as juveniles would allow them to ‘get away with it.’... Brian Moomey, a 29-year-old convicted felon who allowed neighborhood teens to "hang out" at his home.