Case Brief Essay

Submitted By acast100
Words: 1755
Pages: 8
Open Document
IN THE SUPREME COURT
OF THE STATE OF WISOTA

DUNCAN BLOOM, Petitioner
V.
STATE OF WISOTA,
Respondent

RESPONSE TO PETITIONERS BRIEF AND CHIEF

On Appeal from the State of Wisota Court of Appeals

ORAL ARGUMENT IS REQUESTED

AMBROSIO E. CASTELLANO
ASST. ATTORNEY GENERAL
PO BOX 114
SERAFINA, NM 87701
(505) 470-7260
CONSEL FOR THE RESPODENT

TABLE OF CONTENTS
TABLE OF AUTHORITIES……………………………………………………….. 3 I. Nature of the Case and Course Proceeding………………………………. 4 II. Summary of the Facts……………………………………………………. 5 III. Arguments………………………………………………………………. 5 A. The event permit submitted electronically to the WSU police department, is not testimonial statement for purposes of the Sixth Amendment’s Confrontation Clause……………………………………………………………….. 6 B. The admission of the non-testifying laboratory analyst’s scientific findings through the in-court testimony of another laboratory analyst who did not perform the scientific tests does not violate the Sixth Amendment’s Confrontation Clause……………………………………………………………….. 7
CONCLUSION……………………………………………………………………... 8
CERTIFICATE OF SERVICE……………………………………………………… 9

TABLE OF AUTHORITIES

Melendez-Diaz v. Massachusetts, 129 S.Ct. at 2539-40………………………………….. 8

United States v. Spencer, 592 F.3d 866, 879 (8th Cir. 2010)…………………………….. 7

United States v. Washington, 498 F.3d 225, 230 (4th Cir. 2007)………………………… 8

I. Nature of the Case and Course Proceedings The Nature of this appeal involves two issues that pertain to the District and Appeals court decision against the Petitioner, Duncan Bloom. At the pretrial conference on August 8, 2009, the prosecution informed defense counsel that it intended to call Hazel Peters, another State Crime Lab chemical analyst, to testify as to the results of the chemical tests, as O’Dell had been laid off and no longer worked for the State Crime Lab. The Defense counsel filed a Motion to exclude Peters’s testimony. The Defense counsel argued that substituting Peters’s testimony for O’Dell’s would violate the Confrontation Clause of the Sixth Amendment. The Honorable Judge Gallagher denied the motion. The Jury trial began on September 24, 2009, here the counsel for the defense cross examined O’Dell and WSU police officer Leah Santos. After jury deliberation Duncan Bloom was found guilty of felony possession of marijuana by the jury. He was subsequently sentenced to 18months in prison and a fine of $10,000. Bloom appealed his conviction to the Wisota Court of Appeals. In the Wisota Court of Appeals the defense counsel appealed conviction for felony possession of marijuana, on the basis evidence introduced by the prosecution at trial –an event permit request provided to the police, and the testimony of a state crime lab employee regarding a chemical substance test. The Petitioner alleged the admission of this evidence violated his Sixth Amendment rights under the Confrontation Clause. The Wisota State of Appeals reviewed the case and upheld the trial court’s decision in the felony possession of marijuana and the sentence of 18 months in prison and a fine or $10,000.

II. Summary of the Facts The Wisota State University (WSU) campus features a large public space that has long been a popular location for large events. One of the more infamous events is “Mayday,” an unofficial campus peace rally held annually on May 1. Mayday originally began as a Vietnam War protest. In the 1970s, Mayday became associated with the so-called hippie drug culture, and many continue to see the event as an excuse to smoke marijuana in public. During the Mayday festivities on May 1, 2009, a crowd member threw a smoke bomb towards the podium just before 12:30pm. Officer Leah Santos, a member of the WSU PD, approached the podium in an attempt to locate the perpetrator. When she stepped onto the stage, she saw a large plastic Ziploc bag full of what appeared to be marijuana on the ground behind the podium. Officer Leah
Show More

Related Documents: Case Brief Essay

Case Brief Case

Eddie, Good effort on your Case Brief paper. However, you did not provide the necessary sub-headings for your Case Brief, and this is a serious omission. Furthermore, you needed to include more information under each sub-heading, if you had any. Please always type your names, course number and title, date, and perhaps Instructor's names on top of your papers. Your grade on this assignment is 82% (B-). Dr. Dennis A. Ogirri Washington et al. v. Harold Glucksberg et al. NO. 97-954 State of Iowa, Appellate…

Words 1899 - Pages 8

Case Brief Essay

Case Brief Randi HeimanConstitutional Criminal Procedures 09/10/2014 Title: Coolidge v. New Hampshire Citation: 403 US 433 (1970) Facts: In the case of Coolidge v. New Hampshire, the warrant issued to search the defendant’s automobile did not satisfy the requirements of the Fourth Amendment. The reason for this is because the warrant was not issued or approved by a “neutral and detached magistrate.” The constitutional rule states that searches conducted outside the judicial process without…

Words 372 - Pages 2

Case Brief Essay

CASE BRIEF Case: State of Missouri v. David R. Bullock, 03CR679889.MO, [www.courts.mo.gov/casenet] Facts: At the time of the filing of his appeal, Mr. David R. Bullock had been charged and convicted of attempted statutory rape (under RSMO 566.032 and 564.011) and attempted sexual exploitation of a minor (under RSMO 564.011 and RSMO 566.032). David R. Bullock engaged in several conversations via email and chat rooms with a Newton County Deputy Sheriff who was conducting a sting operation…

Words 1140 - Pages 5

Case Brief Essay

Board, which formerly employed Appellee as a prison corrections officer when it operated and managed the Prison, lose its immunity from suit under the Workers’ Compensation Act when it contracted with Wackenhut to operate and manage the Prison? Brief Answer Yes. We hold that the Board did lose its immunity from suit when it contracted with Wackenhut to operate and manage the prison and, accordingly, affirm the Commonwealth Court. Reasoning Wackenhut has the authority to hire, fire…

Words 545 - Pages 3

Brief Cupp V Murphy Case Brief

Criminal Justice I. Brief Cupp v. Murphy 412 U.S. 291, 93 S.Ct. 2000, 36 L.Ed.2d 900 (1973) Merits: The respondent, Daniel Murphy, was convicted by a jury in an Oregon court of the second-degree murder of his wife. The victim died by strangulation in her home in the city of Portland, and abrasions and lacerations were found on her throat. There was no sign of a break-in or robbery. Word of the murder was sent to the estranged husband…

Words 1177 - Pages 5

Essay on Case Brief

Eyiesha SIngleton Style of Case and Citation: Young v. Becker & Poliakoff 88 So.3d 1002 (2012) Court Rendering Final Decision: Supreme Court of the United States ?????? Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court? Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal employment discrimination…

Words 1046 - Pages 5

Essay on case brief

CASE ANALYSIS GAINESBORO MACHINE TOOLS CORPORATION Main Issue Ashley Swenson, CFO of Gainesboro Machine Tools Corporation (GMT), had to recommend an effective dividend policy at a down time of GMT stock price’s performance. She needed either to recommend to payout cash dividend or to buyback shares from its shareholders. Also, if any, the percentage of dividend payout has to be determined. Opinions about those recommendations were separated among board members and managers. At that time, a payout…

Words 841 - Pages 4

Autism Case Brief Summary

Write a brief summary of the case. Include the nature of the case, main arguments, 200-300 words. In the above case, the parents of a child with Autism felt the Alamo Heights ISD failed to provide appropriate services in a timely manner. The parents felt the school did not properly assess all the child’s disabilities, that their rights were violated at ARD meetings, the IEP was unclear, and the ARD meetings were limited to one hour. Additionally, the parents felt that the IEP was not tailored to…

Words 424 - Pages 2

Essay on Case Brief Memorandum

kaplan university- pa401 advanced legal writing | Case Brief Draft | Unit 3 Assignment | | Vicky Hunter | 1/21/2013 | | memorandum to: victoria corbo, esq. from: vICKY hUNTER- pARALEGAL Subject: Case Brief date: 3/2/2013 ------------------------------------------------- CC: Tony T. Smith Gonzalez v. Reno, 212 F.3d 1338 (11th Cir. 2000) Procedural History: Plaintiff, Elian Gonzalez, a six year old minor, through his “next of friend”, Lazaro Gonzalez, filed an asylum…

Words 1196 - Pages 5

Lenovo Case Brief Essay

Lenovo Case Brief Student Name – Yerrakalva Gayatri Alekhya Student No. - 1479067 Problem Statement Lenovo wants to grow as an international brand worldwide. Being a Chinese company, generally remarked for low reliability, Lenovo has to create their image as a global company offering innovative, reliable product and services to a larger group in order to create value to their customers in the rest of the world. Situation Analysis…

Words 1360 - Pages 6