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

: the US v. Clemons - Case Study Example

Cite this document
Summary
In the paper “Case Study: the US v. Clemons” the author provides a case, which involves George Douglas Althouse, who was a Special Agent of the Drug Enforcement Administration (DEA) of the U.S. assigned to Birmingham, the Alabama office…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER94.1% of users find it useful
Case Study: the US v. Clemons
Read Text Preview

Extract of sample ": the US v. Clemons"

Case Study: US v. ClemonsFacts of the Case:The case involves George Douglas Althouse, who was a Special Agent of the Drug Enforcement Administration (DEA) of the U.S. assigned to Birmingham, the Alabama office. Althouse and Hobbs worked on an investigation together and planned a meeting to discuss some search warrants that were executed the following day. Naylor Braswell who was the deputy sheriff of Jefferson County accompanied Althouse for the meeting in the undercover automobile, black model Camaro he owned.

On their way, they stopped at a certain Chevron service station where Braswell left to get a telephone number of some pizza delivery source with Althouse remaining in the car. During that short period, it appeared that Althouse had made a phone call to the girlfriend from the cellular phone in the car. Consequently, Braswell saw an individual sitting at the driver's seat of the car pointing a gun to the head of Althouse and later shots were heard as Althouse exited the car. Although, Althouse tried to fire shots at the car, he died shortly from the gunshot wounds.

Testimony offered during the trial revealed that before the murder, Derick Smith had told several individuals that he wanted the engine for his Camaro car. On the evening when the murder occurred, Clemons, Smith, and another third person, Kenny Reed, drove to a nearby shopping center to look for an appropriate car for Smith. When they failed to find one, they went to the highway where Clemons saw Camaro car parked at the Chevron service station. Reed and Smith drove to a parking to wait for Clemons when they heard gun shots and saw Clemons leave with the car at a high speed.

Clemons took the car to a friend's place, Herman and realized it was a police car. Both Smith and Clemons left town and were later arrested and convicted for murder. Prior Proceedings: Smith and Eugene were convicted by the District Judge of murdering the federal agent engaged in performance of official duty. Further, Clemons was convicted for carrying and consequently using the firearm to commit a crime. Issue Presented or Questions of Law: The issues presented include; first, whether Althouse was on official duty; secondly, whether prior uncharged misconduct could have been included during the trial and thirdly, whether Clemons could have interrogated Smith's drug use.

Arguments of the Parties: The argument by Clemons is whether the evidence that was presented at the trial was enough to prove that Althouse was indeed engaged in carrying out of his official duty when the alleged crime occurred. Further, Clemons argues that the district court improperly included the prior uncharged misconduct in its ruling. Smith on the other hand, challenged the two evidentiary rulings. Smith also argued that the court made an error in allowing Clemons interrogate his drug use, ownership of a pistol as well as assault of a police officer.

Holding Rule of Law: In upholding the ruling made by the District Judge, the court said that the evidence that was provided proved that the special DEA agent was performing his official duty when the murder took place while sitting in a car. It was while going for a meeting concerning an investigation being conducted by the local police department and DEA. Further, the court upheld that the district never abused its discretion in the termination made that the prior three carjackings that that had been committed previously while similar in style and nature to warrant admission.

Finally, it upheld that allowing the defendant to go ahead with cross-examination of the co-defendant regarding drug use was not an error and did not affect the rights of the co-defendant. Saint Leo Core Values Displayed: There was no violation of the Saint Leo Core Values by any of the parties involved. Rationale for the Judgment: The Appellate court used the previous case of United States v, Miller, Supra where the court made a comparison of the drug transaction where a defendant was charged with a transaction that had taken place months later.

In this case, the court upheld that the prior evidence that was given were admissible. Conclusion: Supreme Court upheld the judgment made by the District Court that enough evidence was available for convicting Clemons with murder.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Case Study: the US v. Clemons Study Example | Topics and Well Written Essays - 500 words”, n.d.)
Case Study: the US v. Clemons Study Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/law/1656833-case-brief-for-us-v-clemons
(Case Study: The US V. Clemons Study Example | Topics and Well Written Essays - 500 Words)
Case Study: The US V. Clemons Study Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/law/1656833-case-brief-for-us-v-clemons.
“Case Study: The US V. Clemons Study Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/law/1656833-case-brief-for-us-v-clemons.
  • Cited: 0 times

CHECK THESE SAMPLES OF Case Study: the US v. Clemons

The Market for Lemons

The paper “The Market for Lemons” is in general seen as having initiated to economics the concept of asymmetric information, and in doing so; flashing off what is now an entire branch of economics.... The author appears to be promising to elucidate a number of features of the real world....
7 Pages (1750 words) Case Study

Relationship between Physical Infrastructures and Services

The relationship between physical infrastructure and service as describe in the case exist in the senses that, the provision of fasted wireless networks services by the Sprint company depend substantially on the physical infrastructure.... Whereby, the company must install its… This may help to enhance the process of service delivery to the customers because physical infrastructures that are situated on higher Topic: MIS CASE STUDY What is the relationship between physical infrastructures and services as described in the case study?...
2 Pages (500 words) Case Study

The Transformation of Physical Distribution in Retailing of TESCO

In this report “The Transformation of Physical Distribution in Retailing of TESCO” the basic business strategy of TESCO will be discussed, especially from a viewpoint of warehousing and distribution operations.... It will have a look at how the said operations are in line with the overall business strategy....
10 Pages (2500 words) Case Study

Teams and Group Work

The paper 'Teams and Group Work' presents teams and group work which are widespread models in today's enterprise for making the most of interior assortment and competence.... High presentation groups accomplish grades of presentation and outcomes after the addition of one-by-one capabilities.... hellip; Groups manage not habitually come to this optimum grade of presentation....
8 Pages (2000 words) Case Study

IT Project Management: Schedule, Scope and Budget

This essay analyzes the project management in the IT sphere which refers combination of activities that involve planning, organizing, resources management and securing resources to ensure that there are successful production goods and services at the end.... hellip; It is important to review key planning decision even after the original acquisition strategy has been made this is because periodic review helps to determine whether the program is in align with the desired goals....
9 Pages (2250 words) Case Study

The Challenges of France and England

The paper 'The Challenges of France and England' focuses on two nations and compare the challenges that they have faced as countries and the effects that these challenges have had on them.... The effects of these challenges will be viewed from political, economic and social standpoints.... hellip; The paper herein seeks to answer the following questions; what forms of government are ascribed to the two nations?...
7 Pages (1750 words) Case Study

Organizational Behavior Issues of a Fire and Rescue Services in the UK

… The paper "Organizational Behavior Issues of a Fire and Rescue Services in the United Kingdom' is a great example of a case study on management.... nbsp;“West Sussex Fire and Rescue Service” is a countryside county inside the South East of England.... It caters to an area with about 750,000 populations....
8 Pages (2000 words) Case Study

The Mathematics, Science, and Technology Experiences and Understandings of a Young Child

… The paper “The Mathematics, Science, and Technology Experiences and Understandings of a Young Child” is an intriguing variant of a case study on mathematics.... Maymay just woke up from her midday rest.... Her mother was getting her dressed.... She pointed at number “3” on the clock....
8 Pages (2000 words) Case Study
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.
Contact Us