StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Appellate brief - Essay Example

Comments (0) Cite this document
Summary
Name: Institution: Course: Date: Appellate Brief Statement of the Case This court’s proceeding began with the prosecution of appellant, Arnold J. Stewart. He was prosecuted by a federal grand jury located in the District of Utah on November 21, 2008, for violating the laws of the United States…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER92.5% of users find it useful
Appellate brief
Read Text Preview

Extract of sample "Appellate brief"

Download file to see previous pages Unfortunately, the trial court on February 14, 2009, denied accepting the suggestion. The trial court established that’ “Under the circumstances, for all intents and purposes the suitcase was abandoned. The defendant did not express a possessory interest in the suitcase at anytime after he learned its location. Having been abandoned, the defendant had no expectation of privacy in it or in its contents” (Tr. At 40-41) (Congress 551). On March 6, 2009, Mr. Stewart engaged himself in a conditional guilty plea, determined to achieve his right to appeal by suppressing the judgment that was done against him (Doc. At 22) (Congress 551). The defendant was sentenced to 60 months imprisonment, followed up by 3 year period supervised release, on April 27, 2009. This is an appeal of the federal grand jury’s judgment that was entered on April 29, 2009. Summary of Arguments This is not the first time a case of this form was appearing before the Court. The court case involving United States and Arango, 912 F.2d 441 (10th Cir. 1990), ruled that anybody who has the legal right to the ownership of a personal property has the legal rights to prevent other people from searching it. Other ruling in a similar case between the United States and Jones, 707 F.2d 1169, (10th Cir. 1983), ruled that in situations such as this of United States Vs Steward, no prior or related appeals are made (Congress 552). This case, therefore presents a question of first order: Whether Mr. Stewart should be allowed to engage in an appeal system, or whether the Law Court should consider this case like one which does not require prior or related appeals. Discussion The Anti-Drug Abuse Act of 1986 set that a 5- and 10-year mandatory-minimum penalty will be issued to any subject found possessing drugs with the purpose of distributing depending on the nature and weights of the substances (Congress 539). Stewart was imprisoned for possessing 100 grams of heroine with objective of distributing. The court had earlier handled such two cases and gave rulings which are can help in understanding the case between United States Vs Stewart. The defendant is in a legitimate position as an American citizen, to defend his rights to appeal, so as to keep away other people from inspecting his property. But this condition is not easy to determine, because the process the defendant went through was such a complicated one that required more time and consideration. The trial Court was legally right to deny Mr. Stewart an opportunity to engage in an appeal that was intended to dismiss the charges against him. According to the former judgment, any person who has legal ownership of a property through existing proofs such as documents are the ones who are entitled to request for apple if their assets are illegally inspected without their consents (Congress 539). It should also be noted that the property that can be protected should not be illegal, property like bags carrying heroine, cocaine, bang, guns and other illegal property can be inspected by security officers even if the owner denies accepting inspection. Mr. Stewart, defendant, only claimed that the suitcase was his without providing any evidence. This left a question for proving whether the luggage was legitimately his. Because he was the only person who claimed the ownership of the property, the security had no otherwise but charges him accountable as the owner of the bag. The Airport security ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Appellate brief Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved de https://studentshare.org/law/1433163-appellate-brief
(Appellate Brief Essay Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/law/1433163-appellate-brief.
“Appellate Brief Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/law/1433163-appellate-brief.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Appellate brief

To What Extent Are the WTO Panel and Appellate Body Process Judicial in Nature

...The WTO can be described to be a body that acts as a buffer or negotiating medium between different nations on an international or Global basis in order to settle, clarify and to some extent manage all of their Trade related problems. The WTO performs the following major functions It acts as a buffer between various nations in order to discuss trade related issues. It acts as a negotiating medium for International Governments to settle trade related disputes It acts as a mediator sometimes to help nations to reach on mutually acceptable solutions on Trade related issues or differences or arguments. The Appellate Body, a unit of seven people, was set up in the year 1995 under article 17 of the Understanding on Rules and Procedures...
12 Pages (3000 words) Term Paper

Marketing Brief or Carrefour Hypermarket

...Table of Contents Introduction 2 Marketing Environment 4 PEST Analysis 4 Political Factors 5 Economic Factors 6 Social Factors 9 Technological Factors 10 Current Competitive Factors – SWOT Analysis 10 Tesco 11 Asda 12 Waitrose 12 Possible Future Influences 13 Segmentation 14 Market Communications 15 Market Communications Recommendations 16 Relationship Marketing – 5% of Budget 20 Introduction My client, Carrefour Group, is considering opening a Hypermarket in Southampton. The client is concerned about market position and the level of target market it should seek (top, middle, or bottom end) as well as the competitive presence, strategy, and marketing communication. The purpose of this brief is to set forth an analysis...
15 Pages (3750 words) Case Study

Virginia Tech Massacre - Brief Background

...Virginia Tech Massacre - Brief Background Contents A. Purpose of the Analysis 3 B. Brief Background of the Case A. The Incident 3-4 B. The Shooter 4-5 C. The University 5-6 D. The Intervention 6-7 C. Issues Identified 7-8 D. Analysis A. Seung-Hui Cho’s Behavior 8-9 B. The Ability of the VPI Campus Police to Predict Cho’s Action 9-10 C. The Failure of the VPI Campus Police to Identify Cho’s Threat 10-11 D. The Importance of SECR5090 to Identify Cho’s Threat 11-12 E. Preventing and Mitigating Cho’s Shooting Spree 12 E. Findings 13 F. Recommendations 13-14 G. Implications for Security Management 14 H. Conclusions 14 References 15-16 Virginia Tech Massacre Case Analysis Paper A. Purpose of the Analysis For a horrible incident like...
15 Pages (3750 words) Research Paper

Brief Introduction of the Equity Strategy

...Brief Introduction of the Equity Strategy Contents Introduction 1 Equity Investment Strategy 2 Brief introduction of long/short equity strategy 2 The Real Return Asian Fund: Veritas Asset Management 4 The Asia Pacific Equity Income FUND: Blackrock 4 Asia Equity Strategy: UBS 5 Private Equity – The Large Investor Perspective 6 7 Conclusion 8 References 9 9 Introduction This paper discusses current trends adopted by investors in investment strategies in Asia specifically in equities. In our study, we have first studied and analyzed data on what investors feel with regards to Asian investments, the trends, and how that affects equity investment strategy in Asia. Based on that knowledge we analyze the strategy currently prevalent in equity...
9 Pages (2250 words) Research Paper

Brief History of Six-Sigma Model

...SIX-SIGMA MOTIVATION Brief history of Six-Sigma model Bill Smith introduced the Six-Sigma concept in 1986 (Urdhwareshe, 2011). Smith, an engineer with Motorola Corporation, had observed that despite the adoption of many quality control models, cases of defective products persisted. In a bid to curb this wasteful trend, he introduced the Six-Sigma Model. The model’s implicit objective is reducing defects in production to inconsequential levels. This, it strives to achieve by identifying and eliminating causes of defects in the production process. Six-Sigma uses various quality management tools such as Pareto analysis, Quality Function Deployment, Business Process Mapping, Regression analysis, Root cause analysis, Failure mode and effects...
11 Pages (2750 words) Research Paper

The Brief Wondrous Life of Oscar Wao by Junot Daz

... a The Brief Wondrous Life of Oscar Wao The novel starts with the narrators depiction of the curse, d fukú americanus—meaning a curse of doom, explicitly that of the Current World. The curse was brought over to Antilles islands when the Europeans arrived, and has stayed there ever since. The narrator puts the claim that the Rafael Leónidas Trujillo Molina, late dictator, has a close linking with fukú. The narrator notifies the readers that he will be narrating a story of Oscar León, who was a victim of fukú of his family. The only known way of counteracting a fukú is using the term “zafa” to fend off the curse (Greiner 3). The narrator therefore wonders if writing this novel is his own way of saying zafa. Every body seems to be cursed...
7 Pages (1750 words) Book Report/Review

A Brief Description of Malala Yousafzais Life, Interests and Malpractices

... Malala Yousafzai Brief History Malala Yousafzai is a known icon that advocates for equality in the provision of education. Malala was born in a village called Mingora on July 12, 1997. Malala’s father, Ziauddin Yousafzai, educated her to a large part. Initially, Malala was aspired to pursue medicine and therefore to become a doctor, but her father influenced her to become a politician instead. Ziauddin, popularly known poet, educational activist and school owner, invested most of his time on her daughter talking and inspiring her about politics. Malala started to speak her views and insights about education rights on September 2008 at a local press club. Along her life, Malala applied her charisma by promoting and campaigning rights...
6 Pages (1500 words) Research Paper

Jackie Robinson and Race in America: A Brief History with Documents

... Jackie Robinson and Race in America: A Brief History with Documents In 1947 National League faced an appearance of a black player for the first time in almost 80 years. Robinson was the first colored basement included in the major league at all. The toughest time for the player began when he joined Dodgers club as the very idea of a Negro playing baseball seemed odd from the beginning to the players and the administration. According to Zeiler, sports fans, nevertheless, were used to black sportsmen as many of them participated in boxing championships and football matches and accepted Jackie Robinson normally (2013). However, there were sometimes shouts and nicknames from the spectators’ places, which were ignored by the players. Racial...
7 Pages (1750 words) Book Report/Review

Junot Diazs The Brief Wonderous Life of Oscar Wao

... Junot Diaz’s The Brief Wonderous Life of Oscar Wao Junot Diaz’s The brief wondrous life of Oscar Wao symbolizes the new aesthetic of a globalized discussion. It is a story concerning a Dominican immigrant family and their hardships throughout the decades. Oscar stays in New Jersey with his mother Beli and his big sister Lola. He is a fanatic of comics and science and due to this, he has no luck with women. In this culture, Oscar is expected to be highly masculine and a sexual dynamo. Instead, Oscar prefers to live his life with his comics, dungeon and dragons. The males in the Dominican culture are portrayed as having power, charm, and are active when it comes to sex. Additionally, they are brutal and attractive physically...
7 Pages (1750 words) Book Report/Review

ESports: A Brief History

... attitude, eSports are a promising sphere that is predicted to develop and flourish in the future. Works Cited "A History of Esports." Teamliquid.net. Team Liquid, 27 Mar 2012. Web. 30 Apr 2015. . Beckett, S. "Biggest Money Tournaments In eSports Today." Casino.org. Casino.org, 21 Apr 2015. Web. 30 Apr 2015. . Bushman, B. J. "The Effects of Violent Video Games: Do They Affect Our Behavior?." Ithp.org. International Human Press, 2010. Web. 30 Apr 2015. . Edwards, T. F. M. "eSports: A Brief History."Adanai.com. ADANAI, 30 Apr 2013. Web. 30 Apr 2015... Electronic Sports So long as there has been culture, sports have been its indispensable part. During their long history and being presented in a great variety of forms, sports have been a...
9 Pages (2250 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Appellate brief for FREE!

Contact Us