In Mempa v. Rhay, Jerry Douglas Mempa had pleaded guilty to joyriding, which then resulted in Mempa being on probation for a number of two years. Mempa’s case was then deferred but approximately four months later, he was then charged with burglary. Mempa’s probation was revoked, due to the burglary charge, and during the revocation process, Mempa had no counsel to represent him, was not offered the option of having counsel to represent him, nor asked of his previous court-appointed counsel. He plead guilty to the burglary charges and was sentenced to 10 years maximum, in compliance to Washington State Law ("Mempa v. Rhay 389 U.S. 128 (1967)", 2017). Within six years, Mempa sought a writ of Habeas Corpus because he was denied counsel during…
He appeared in court without an attorney, but Gideon asked the court to appoint one for him. FL law only allowed counsel to be appointed for indigents when a defendant was charged with a capital crime. The court refused to appoint an attorney for him, and he was found guilty and sentenced to prison. Instead…
A major leak affecting the United States currently was the recent release of the names of companies, government agencies and organizations that had called D.C. Madame’s escort service between 2000 and 2006. Deborah Jeane Palfrey, also referred to as D.C. Madame, is accused by federal prosecutors of running a prostitution ring earning more than $2 million over thirteen years. Palfrey’s business began in 1993 and she contends that her escort service was legitimate.…
In a 5-4 decision the U.S. Supreme Court requires criminal suspects to invoke their right to remain silent with a statement. If a suspect remains silent or won't cooperate during a interrogation session, this is no longer enough to stop any further questioning by law enforcement officials. Warden vs Thompkins is a case that shows “how the provisions of Miranda have been chiped away at” Warden vs Thompkins involved the case of Van Chester Thompkins, who was arrested and charged with first-degree murder. Thompkins was read his Miranda rights, and given an form that he wouldn't sign. After remaining silent for three hours, an officer asked, "Do you believe in God?" and "Do you pray to God to forgive you for shooting that boy down Thompkins answered…
However, the sentence was later on suspended, and he was placed on probation for seven years. The defendant and another man on 6th August 1975 were apprehended while committing a house burglary (Latessa & Smith, 2015). As such, the probation was revoked without a court hearing and a court counsel/attorney representation. As a result, Scarpelli filed a Habeas Corpus petition. Issue…
He was acquitted after a dramatic and very publicized…
Clarence Gideon had a trial for breaking and entering and he was convicted guilty for stealing beer, wine, and Coca cola . He was sent to jail and he wrote a letter to the Supreme Court after two years explaining what had happened. The Supreme Court looked over it and gave Gideon a second trial except this time he had a lawyer to represent him. instead of himself. He went to the trial and his lawyer called multiple witnesses to the stand and he explained how Lester Wade was there and saw through the high windows and was standing guard for his friends.…
Five years passed from the time the suit was filed before it was taken to court. George Harrisons was found guilty and had to pay a fine that was over a half of a million…
Similarly, we have to question whether or not Ezekiel’s Sixth Amendment rights have been violated or not. Initially, we shall discuss his right to a speedy trial. Every american citizen, as stated in the Sixth Amendment has “...the right to a speedy and public trial…” meaning that they cannot be held for an extended period of time. Unfortunately, Ezekiel has been held for three years without receiving any legal advice or attention. In Klopfer V. North Carolina the court ruled that due to the indefinite suspension of his trial, that Mr. Klopfers Sixth Amendment rights had been violated.…
Forum Five – Inez Great post Inez and thank you for your comments in my post. At first it is hard to believe the story of Powell v. Alabama or even Gideon. Hard to fathom so many people standing by and watching nine kids tried without at least some advantages the opposing side had in court. Or in Gideon, allowing an uneducated guy that could not defend himself go to prison for some missing liquor and change, is hard to believe. And in both cases, the letter of the law was followed but that actually shielded the injustices in both cases.…
4th Book Report Henry and Ribsy was written by Beverly Cleary. This fiction book has 187 pages. Henry is a friendly boy with a dog named Ribsy who lives on Klickitat Street. One day Henry and his dad went to the Service Station, Henry got to ride up in the car on a grease rack.…
The second person came up and stood in front of the judge and she told him the charges, he was approximately twenty five years old, he was not a citizen of the United States, and the judge told him that he could be deported. She sentenced him to four to six years in prison. His original charge was selling one gram of heroin and was sentenced to drug court and treatment. One day after he left drug court treatment he committed burglary, the judge told him to remember what he had learned from treatment while he was in jail, and he also waived his rights to a trial.…
In this Supreme Court Abel Fields is found not guilty. In 2011, 39 year old Fields was convicted in California for falsely speaking of serving in the military for eight years and receiving a Purple Heart. He was in violation of the Stolen Valor act. The Stolen Valor act protects the veterans who receive a Purple Heart after being wounded in war. In his previous ruling he was found guilty.…
In the first chapter in the book the author, Joseph J. Ellis, details the famous duel between, President, Alexander Hamilton and, Vice President, Aaron Burr, in a challenge of honor, taken place on July 11, 1804. This was known as the most famous duel in American history, which took place near Weehawken, New Jersey. The two exchanged bullets after a distance of ten paces and Hamilton was severely injured which lead to his death the next day. Ellis also discusses how the result in the duel reveals the importance of personal reputation in the days of a future government because Aaron Burr was the Vice President at the time and he just killed the President.…
The accused was acquitted by the jury, but the verdict was overturned…