Nobody downloaded yet

Appellate brief - Essay Example

Comments (0) Cite this document
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 paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.2% of users find it useful
Appellate brief
Read TextPreview

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 pagesRead More
Cite this document
  • APA
  • MLA
(“Appellate brief Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved de
(Appellate Brief Essay Example | Topics and Well Written Essays - 750 Words)
“Appellate Brief Essay Example | Topics and Well Written Essays - 750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


The Appellate Courts

...– these courts have the duty of developing finer points of law. Usually, attorneys make arguments in appellate cases in written briefs, and concentrate on the law of the case. In most cases, the facts are established in the trial court, and when reflecting on the law that is appropriate to the case, the appellate court uses the law-focused approach whereby it depends on the findings of the trial court of fact. This permits it to concentrate on legal themes and issues’ development rather than on a given case’s facts. Appelate courts also serve an important function of ensuring that there is uniform application of law. In view of the fact that a single...
5 Pages(1250 words)Research Paper

Appellate brief

...Appellate Brief In the case, involving Mitchell, Hoey and the defendants called Litchfield and Brackett, suspicion rose when the documents that the defendant presented to Hoey, for the car, were not signed and showed that the vehicle was to be operated within Arizona or Nevada (Ibid., p. 45, lines 22–25; p. 46, lines 1–3). At this instant, the vehicle was ceased, making the defendant to suffer the first jeopardy. In law application, there would be suspicion of the vehicle, since the place of operation that the document specified differed. The fact is that the vehicle was hired and the purpose for hiring that vehicle had not yet been fulfilled. Often, the scene in which the vehicle should operate is...
4 Pages(1000 words)Admission/Application Essay

Inquiry Brief

...STEM CELL RESEARCH In modern politically charged climate, there is a broad spectrum of mainstream views on stem cell research. There is near universal agreement among scientists that stem cell research is an important and complex endeavor that offers the promise of treating, and perhaps curing, million patients who suffer from serious degenerative disorders. Simultaneously, religious and bioethical communities oppose stem cell experimentation due to faith-based principles and old-fashioned ideas. I chose the topic of stem cell research because in contemporary context it is considered a very controversial political, ethical and public problem due to its social, ethical and medical implications. My research question is as follows...
2 Pages(500 words)Essay

Case Brief

...CASE BRIEF: BARBARA A. BOTIS v. E OF GARY A. KUDRICK FACTS: Plaintiff, Barbara A. Botis filed a complaint against the E of Gary A. Kudrick in attempt to receive palimony. Plaintiff argues that her and Kudrick were in a “marriage-type relationship” before his death, and, therefore, has rights to palimony in the form of his two residences and other compensation. Defendant denies that they were ever in such as relationship and motions to dismiss her complaint along with issuing counterclaims against the plaintiff. While the law recognizes the right to palimony for two unmarried individuals who separate, a recent amendment requires the palimony agreement in writing. While the plaintiff does not have her palimony agreement...
2 Pages(500 words)Case Study

Case Brief

...CASE BRIEF CASE ALBION FRANCIS VS NORMAN Y. MINETA; Transport Security Administration. US. October 10, 2007 CASE NO.: 06-1293 U.S Court of appeal Opinion Albion francis, a former federal worker, chose to appeal to the district court’s decision to dismiss his case pursuant to Fed.R.Civ.p.12 (b) (1), in which he purports to have been discriminated in employment. Statement of facts. The district court established that the appellant had not consulted all the administrative avenues as required under Title VII and so found the dismissal was warranted. The appellant, however, was discontented with the court’s decision and sort, to appeal to the court of appeal. In this case, the...
2 Pages(500 words)Essay

Policy Brief

...Policy brief Introduction Mobile phones have become an asset in enhancing and promoting development projects. Even though, small, its impact has been realized in most parts of the world. Mobile phones have many benefits in the current world today (Economists. Com 6). Objective of the research The objective of the proposed research is to come up with a mobile service that would allow people to report crimes to the police without having to make a call or write a message. This service is very important in stirring up development in a country. Criminal activities deter investors to invest in certain areas. This has a negative effect on the general economy as the government will have less sources of revenue. Therefore,...
2 Pages(500 words)Essay


...Brief on the Negligence Case Perin v. Hayne (1973) 131 Cal. App. 3d 38, 182 Cal. Rptr. 225 (1982) I Background This case represents appeal from a directed verdict involving a doctor’s malpractice practice. The claim is due to the anterior cervical fusion done on Hene Perin, the plaintiff, by Robert Hayne, the defendant. The fusion exercise was medically successful; but the plaintiff alleged that she experienced vocal chord paralysis due to injury during surgery on the right recurrent laryngeal nerve. The injury minimized her voice to whisper which is hoarse. II Procedural History Perin sought damages based on three issues; battery, specific negligence, res ipsa loquitur and preach of express warranty. The plaintiff argued... on the...
1 Pages(250 words)Assignment

Research Brief

... Module The types of HRD interventions are made use of in the 21st century implying the fact that there are several training delivery options that are utilized beyond the conventional training systems. The major issue the various types of HRD interventions deal with are to provide solutions that are successful in attesting to the valuing of creativity in not only delivery but also in training design (Abdullah. 2009). Furthermore, the problems in relation with the social issues taking place among the members of an organization including not only group dynamics and communication but also leadership and decision making. The types of HRD interventions are classified into individual based, group based and inter group based... Module The types of...
2 Pages(500 words)Essay

Creative Brief

...Creative Writing Energy drink- Redbull Redbull is one of the top rated energy drinks in entire world. It has taken the entire market by storm since its introduction into the market more than 30 years ago due to its great taste and low price which increases its affordability. The energy boost is best preferred due to its moderate caffeine content of 80mg. the product has undergone product differentiation making it one of the energy drinks with large number of brands. This offers the customers with a wide variety to choose from. Despite the large increase in its market, there is an urgent need to attract as well as venture into new markets that are not yet fully exploited in the some cities in Europe. The target market is the city... Writing...
2 Pages(500 words)Case Study

Issue Brief

... Issue Brief Issue: Austin is has been experiencing a significant decline in African-American population for the past few decades. Background: Austin, Texas was founded in 1839, one amazing historical fact is that it was the only state to exist a decade-long as a republic afore becoming a state. 1836 to 1846 Texas existed as a sovereign state. Texas gained independence from Mexico’s governance in 1836, there was need to come up with a City for the honor of Stephen F. Austin who was known as the father of Texas. Racial segregation was severe in the city in early twentieth century, however racial relation improved during the Civil Rights era. It this relation Austin, Texas made history as the first southern university to admit black...
3 Pages(750 words)Research Paper
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