Laws Flashcards
1
Q
D.C. V Heller
A
1st 2nd amendment case
- no handguns
- firearms unloaded, disassembled or trigger lock
- 2nd protects the “right of law abiding, responsible citizens, to use arms in detente of hearth and home
2
Q
Lawerence v Texas
A
- convicted of i gagging in homosexual conduct
- court ruled unconstitutional for two people to rule same sex unconscious
- applied endgames in their consensual act of sedomy in the privacy of their home
- right to privacy ?
3
Q
Kennedy v Louisiana
A
- Kennedy aggravated assault
- Kennedy petioles for a certiorari but charged with capital punishment
- eighth amendment
4
Q
State v Ninham
A
- ninham homicide sentence to life w/o the possibility of parole
- filled motion and Supreme Court affirmed
- eight amendment for 14 yr old committing the crime
- cruel and unusual punishment for the 14 yr old
5
Q
Ewing v California
A
- 25 yrs to life cuz 3 strike law
- eight amendment not violated
- 3 strikes law
+ legislative determines punishment
6
Q
State v Burrell
A
- Marc convicted of manslaughter
- New Hampshire provides creating criminal liability must include a voluntary act
- involuntary act but the court ruled voluntary cuz everything leading to the moment was voluntary
7
Q
King v Cogdon
A
- mom charged w/ murder of her 19yr old daughter
- no bodily movement unconscious (automatism)
8
Q
People v Decina
A
- charged with criminal negligence
- voluntary act Emil Decina who had suffered an epileptic seizure while driving killed four children
- Decina knew he was subject to epileptic seizure and might strike at any time
9
Q
People v Oliver
A
- failure to intervene
- legal duty to act
- Oliver met Carnejo took him to her house he sis drugs in her bathroom knocked out in the living room. Oliver daughter came and moved him to the back of the house still with a pulse. Basically he dies
10
Q
People v Armitage
A
- Armitage fair to attribute peter maskoviks death cuz David A. Was reckless boat driving.
- conduct was proximate cause of death
- ” natural and continuous sequence produces death and w/o which the death would not have occurred
- charged with involuntary manslaughter and felony drunk boating
+ he appealed but the court of appeal affirmed
+ he bargained with the people and involuntary manslaughter was
dropped
11
Q
State v sexton
A
- convicted of reckless manslaughter and unlawful possession of a handgun w/on a permit
- Failure of Model penal code
- sexton mistaken belief that the gun he fried @ his friend
12
Q
State v lodge
A
- pulled over and cops found beer bottles in his car that belonged to his dad
Minnesota created strict liability open bottle offense
13
Q
Harris v State
A
- convicted of carjacking
- court of appeal held carjacking not a specific intent and affirmed trail court convictions
14
Q
State v Jantzi
A
- consisted of 2nd degree murder reaffirmed to 3rd degree assault
- defendant acted recklessly not knowingly
15
Q
Miller v State
A
- dude had drugs cocaine and marijuana sentenced to 30 yrs court of appeals reversed and dismissed
- had to have physical or constructive
16
Q
Common wealth v Pestinkias
A
- failure to act based on a legal duty to act
+ they had a legal relationship to take care of him - charged with 3rd degree murder
- criminal liability
17
Q
Koppersmith v state
A
- reckless and negligence case
- convicted of reckless manslaughter
- guy who hit his wife on brick floor
18
Q
State v Stark
A
- convicted w/ assault of a deadly weapon
- reckless and negligence
- the guy was HIV positive and was engaging in unprotected sex and wasn’t telling his partners about it
