Case Studies
Lawrence v. Texas
A Texas law classifying consensual, adult homosexual intercourse as illegal sodomy violated the privacy and liberty of adults to engage in private intimate conduct under the 14th amendment.
Kennedy v. Louisiana
*Issue*: Do states violate the 8th Amendment's ban on cruel and unusual punishment by imposing the death sentence for the crime of child rape? *Date*: 2008 (Robert Court) *Case Summary*: A Louisiana Court found the Petitioner guilty of raping his eight-year-old stepdaughter. Louisiana law allows the district attorney to seek the death penalty for defendants found guilty of raping children under the age of twelve. The prosecutor sought, and the jury awarded, such a sentence; Petitioner appealed. *Rule of Law/ Precedent Set*: One can only be executed for murder.
Carol Anne Bond's husband cheated on her with another woman. In retaliation, Bond attempted to make the other woman's life "a living hell." So Bond smeared chemicals on the other woman's doorknobs, car doors, and mailbox, and the other woman suffered a mild chemical burn on her thumb. For her crimes, Bond was indicted for
2 counts of mail theft in violation of 18 USC § 1708 and 2 counts of possessing and using chemical weapons 18 U.S.C. § 229 (a) because Bond violates the Chemical Weapons Convention Implementation Act of 1998. Supreme Court reversed and remanded because the Act did not cover Bond's conduct
Woollard V. Gallagher (2013)
Circuit Judge King, Judge Davis & Judge Diaz favored Woollard because they disagreed that one needed "good and substantial" reason to obtain a handgun permit. The Second Amendment allows the right to bear arms for all who abide by the law
Commonwealth v. William P. Johnson and Commonwealth v. Gail M. Johnson
Court found the Johnson's cyber harassment valid under Massachusetts statute stating "the statute proscribes harassing and intimidating conduct, the statute is not facially invalid under the First Amendment." Perpetrators has malicious intent so the First Amendment does not protect them
Kennedy v. Louisiana
Court held that the death penalty is not appropriate for a crime that does not include the taking of a life. Therefore, Patrick Kennedy was not going to receive the death penalty for the raping of his 8 year old step-daughter L.H.
Gall v. U.S.
Facts: Brian Michael Gall was 21 when, for 7 months, he helped sell ecstasy; he stopped but his friends continued. Gall got sober (and stayed sober),and later moved to Arizona where he was approached by federal agents and asked about his involvement in the drug sales; he told them. At that point, they left him alone. A year and a half later, he was arrested and charged in federal court for selling ecstasy in Iowa, so he moved back to Iowa and pled guilty. ~ His sentencing report (e.g. recommendations of prosecutor and probation officer) recommended the sentence of 30 - 37 imprisonment (as per the sentencing guidelines) ~ The judge sentenced Gall to 36 months of probation Critical Issue: Can a judge hand out a sentence so far below the sentencing guideline? Court Ruling: ~ The Supreme Court ruled the judge could ~ He has sufficient reasoning (e.g. "self-rehabilitation") to conclude that probation, and not imprisonment, was appropriate
State v. Metzger
Facts: ~A guy was eating a bowl of cereal naked and his blinds were opened so people called the police and they observed it as well ~ Applied void-for-vagueness doctrine ~ Pornography charge (obscenity) ~Charged with violation § 9.52.100 of Lincoln Municipal Code "indecent, immodest..." Court: ~The Nebraska Supreme Court ruled it was invalid due to it being too vague and that it violated due process ~ Their reasoning was that the terms "indecent, immodest, or filthy act in the presence of any person, or in such situation that persons passing might ordinarily see the same" can be constructed as different things by different people ~ Essentially, what one person may find as indecent, another might not
Ewing v. California
Gary Ewing stoke 3 golf clubs in El Segundo, CA. Previously, Ewing had been released from a 9 year prison sentence. He had been charged with an assortment of theft, battery, burglary, drug possession, trespassing, unlawful possession of a firearm. While on trial for stealing the golf clubs, trial court found Ewing convicted of four "serious or violent felonies" which led him to be convicted under the three strikes law. Conviction was 25 years to life Ruling: California state supreme court held the sentencing saying it does not violate the eighth amendment prohibition against cruel and unusual punishment. Ewing's long history of legal offenses justified his conviction
Lawrence v. Texas
Harris County PD received a call suspecting weapon usage in a Houston, Texas residence. John Geddes Lawrence was found having consensual sex with Tyron Garner and both were arrested due to Class C misdemeanor by Texas Penal Code where it was unlawful to have sexual relations with the same sex. Opinion: Texas Penal Code conflicted with the Due Process and Equal Protection clauses of the 14th Amendment where no state shall deprive a person of life, liberty or property
State v. Ninham
Omar Ninham said he would back up Richard Crapeau who wanted to fight someone (Zong Vang) after a dispute with his mother. Ninham and Crapeau physically attacked Vang and swung him back and forth over a ramp, then letting go of his ankles when Vang was dangling off the wall; resulting in the fall to his death. Issue: Is sentencing Ninham to life in prison cruel or unusual punishment which violates the 8th Amendment? Ruling: Ninham was charged for intentional homicide with life in prison without parole. Abrahamson, CJ had a dissenting opinion which concluded that a juvenile could not be sentenced to life without parole because they cannot be classified amongst the worst offenders due to 1. Juveniles lack of maturity and underdeveloped sense of responsibility resulting in impetuous and ill considered actions and decisions 2. Juveniles are more susceptible to negative influences and outside pressure 3. The character of a juvenile is not as well formed as that of an adult
Woollard V. Gallagher (2013)
Raymond Woollard had dinner with his family on Christmas Eve when his son in law, Kris Lee Abbott, broke into the house while high on drugs, attempting to take his wife's car to get more drugs. Abbott was placed on probation and shortly after being released, Woollard filed for a handgun permit. He was refused due to the "good and substantial reason requirement" because there was suspicion the only reason he wanted the gun was as precaution to Abbott being out of jail
Commonwealth v. William P. Johnson and Commonwealth v. Gail M. Johnson
William and Gail Johnson were convicted for criminal cyber harassment for pranks (5) against their neighbors. Harassment included craigslist golf cart ads for free at the Lyon's residence, cheap motorcycle, email containing personal information (SSN), false report of child abuse, false report of sexual abuse by fictitious 15 year old. Issue: Constitutionality of Massachusetts criminal harassment statute G.L. c. 265 § 43A and it's application to acts of cyber harassment among others (Johnson's defense that the statute violates First Amendment rights)
