The cops began investigating John in 2012 after his cousin told them that he had purchased two pounds of methamphetamine from John each month. John also sold meth to Mitch. Mitch introduced Jake to John. The cops obtained permission to tap John’s phone, and in a conversation John asked Jake if he was alone, to which Jake replied, “Yeah, yeah automatic.” In a subsequent text message Jake texted John that he was going “to buy food for my house” and asked to meet at Costco. Special Agent Clem testified that the word “food” was a code word for “money,” and that Jake meant he wanted to pay John for meth he had purchased from him. The cops drove to Costco and saw John, but not Jake.
These are real appellate court cases that boil down to a specific Burning Legal Question. The dialogue is my conception of what the attorneys might have said, not necessarily the actual arguments. At the end of each case there is a link to the Smoldering Legal Answer - what the judges actually decided.
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Showing posts with label Burning Legal Question. Show all posts
Showing posts with label Burning Legal Question. Show all posts
Tuesday, March 27, 2018
Shot by Police Officer
Hung began acting strangely and spent two days in a psychiatric hospital. After being released he went to visit a friend but was afraid to go inside because “someone was in the house.” He picked up a knife and threatened to cut himself. While Helen, a neighbor and former deputy sheriff talked to him, someone called the police. Officer Dondi arrived and one minute later shot Hung twice in the back. Hung sued her and the city. The jury awarded Hung $11 million. Officer Dondi moved for a new trial but the court denied the motion. Officer Dondi appealed.
Monday, March 19, 2018
Compassionate Killing
Isabel
was 87 years old, living in an assisted living facility and in reasonably good
health. She didn’t complain of any
physical problems and had a positive attitude.
Her daughter Temple ,
59, smothered her by placing a pillow over Isabel’s face, climbing on the bed
and laying on Isabel until she stopped breathing. She then told her brother, Craig, what she
had done, apparently expecting Craig not to tell anyone. Craig went to the police four months later
and reported what Temple
told him. In the meantime, Temple was made executor
of Isabel’s estate and spent over $499,000 of Isabel’s money. She was arrested and pled guilty to voluntary
manslaughter.
Wednesday, February 8, 2017
Abusive Boyfriend
Bev and Randy started dating, but things quickly soured. Randy began calling multiple times in a day, accusing Bev of cheating. Bev tried to break off the relationship, but discovered she was pregnant and resumed seeing Randy. Randy enrolled in three of her four college classes, and, during the one in which he was not enrolled, insisted that Bev keep a telephone call open during the class, so that he could monitor whether she was socializing with others. He also kept a line open with her when she was at home, monitoring her activities. When Bev’s mother discovered this open line at 3 a.m. Bev told her mother she did this because she was afraid that Randy would hit her if she did not comply.
Picketing In The Mall
Employees of the local newspaper were unable to reach an agreement with their employer and their union began to look for ways to put pressure on the paper. They went to the shopping mall and began handing out leaflets in front of a store that advertised in the paper, asking people to call the CEO of the paper and tell him to treat the employees fairly. Security officers for the mall came and told them they would have to apply for a permit to pass out their leaflets. One of the rules for “expressive activity” in the mall prohibited “encouraging customers not to [shop] in any of the stores” in the mall. The union filed an action to prevent the mall from enforcing the rule, and an administrative law judge ordered the mall to stop preventing the union members from passing out their handbills. The mall appealed to an appellate court.
Sunday, February 5, 2017
Fraudulent insurer
Tom, a disabled veteran confined to a wheelchair, suffered an
accident on his wheelchair lift that caused a seriously broken leg.
He was treated in the Veterans Hospital from February 11, the day
of the accident, until May 30th, when his doctor finally cleared him
for release. While in the hospital he developed an infection, was at
risk for blood clots and his leg had to be extended in a splint.
Monday, January 30, 2017
High Attorney Fees
Christie and Justin signed a lease to rent an apartment from
Prometheus sight unseen, since they lived out of state. Shortly
after moving in, they discovered that the apartment was severely
infested with bedbugs and that raw sewage was flowing through
their backyard. Understandably unhappy with the property, they
moved out after 15 months and sued Prometheus for negligence,
constructive eviction, breach of warranty of habitability, negligent
infliction of emotional distress, breach of the covenant of quiet
enjoyment and nuisance. After extensive pre-trial battles and an
eight-day jury trial, Christie and Justin were awarded $71,000 in
damages by the jury.
Saturday, January 28, 2017
Specific Statute?
Kyle and Becky were young lovers, but after two children
together, as they often do things went awry. Kyle smashed Becky’s
cell phone and refused to let her leave. When she finally got away,
she went to court and obtained a restraining order that prevented
Kyle from harassing, threatening, destroying the personal property
of or disturbing Becky’s peace.
Wednesday, January 25, 2017
Ron's Rants
Bill’s father-in-law, Ron, did not have a high opinion of Bill. Bill was the conservator of Ron’s mother, and he wanted to sell some properties of the estate. Ron wrote letters to the realtors Bill contacted calling Bill “scum of the earth filth who preys on the elderly” and accused him, among other things, of falsifying a trust and numerous property deeds; embezzling federal housing funds; facilitating false annuity schemes and setting up false bank accounts; bankruptcy fraud; making false police reports; and threatening to murder Ron.
Spousal Support?
Donn and Genise married, and for many years Donn worked out of the country for a month at a time. They had three children, Aaron, Ashley and Evan. While Donn was away, Genise became infatuated with Shane, Aaron’s 12-year-old friend, and began a sexual relationship with him that continued for ten years. Genise provided alcohol to her children and their friends and showed them pornographic films. Shane tried to end the relationship, but Genise threatened to tell his friends and family and forced him to continue.
Trustworthy Plumbers
Vince was charged with murdering a friend and attempted murder of another bloke. During jury selection, Judge Eleanor wanted to explain to the potential jurors that they could not be biased against any witnesses. To elucidate, she gave a personal example. “I’m sorry if somebody here is a plumber, but I’ve had horrible experiences with plumbers. I’ve just had horrible—during remodels or whatever, just horrible experiences. So if I hear somebody is coming in, and I hear he’s a plumber, I’m thinking, ‘God, he’s not going to be telling the truth.’ So obviously I have already prejudged that person, and I wouldn’t be able to be fair.” She went on to explain that jurors must not prejudge witnesses prior to their testimony.
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