Monday, April 29, 2019
Washington, U.S. Supreme Court Essay Example | Topics and Well Written Essays - 2000 words
Washington, U.S. Supreme Court - Essay instanceThis led to him creation convicted under the clause of encounter on the sixth amendment as the 911 turn to was decorous to have him in jail for the subsided time. Issue The reveal before the court in the flow rate incase is whether Davis could still be convicted since McCottry did not testify against him in court. The court was forced to use the 911 call recording that was from the call McCottry had made that night to find Davis guilty of domestic violation. The court likewise utilize the fact that Davis ran from the scene as a felony that he could easily be found guilty by the Supreme Court if the two issues were put before them. There was also proof that this was not the prototypical time Davis had assaulted McCottry from the recording. Rule The rule in this case is defined by the Washington court 541 U. S. 36 of appeal as well as the Supreme Court where the case required the court to decide whether the clause utilize whic h was the confrontation could only apply to the testimonial hearsay. The rule insisted the recording bore spoken communication which were enough for a testimony. Analysis The confrontation clause requires statements from other sources that must fall under the very(prenominal) prohibition to have clear classification to hold the suspect. The case was ruled against Davis though McCottry never testified they employ the recording brought forth by the officer in charge that night. Discussion From the rule it is evident that the confrontation clause could be apply to have fair rules regardless of the testimonies. Conclusion The decision in the case to find Davis guilty of domestic felony regardless of absence of the main witness at the trial by using recording made to report the same meant that the confrontation and hearsay can be used to rule fairly. Question 2 Facts In the case of United States v. Odom, U. S. discusses the issue of mental ability as it relates to a witness report u nder FRE 601. The defendant Odom was a candidate for reelection he was the deputy sheriff and was openhearted with his team for their convictions arising for casting false ballots. They were all charged with participation in a plot to choose more than once as required by the constitution and were convicted at all counts. Issue The issue before the court in this case is that the entire defendant has appealed many times with all their appeals being rejected. This is because all the defendants were running for reelection yet they had schemed to vote more than once with the excuse of using absentee votes. There is also the fact that the residents of Alexander County were people of advanced age both mentally and physically ill. Rule check to FRE 601, state law governs a witness competency where every witness is deemed competent unless proved otherwise. unrivaled of the effects of this rule is to abolish, among other facts, mental capacity as a ground that would reduce a witness compe tency. Analysis The defendants in the case complained that the court erred in allowing unsworn and incompetent witnesses to testify for the prosecution in the case. In this case, the defendants were challenging the mental competency of the inhabitants of the Rest home. The defendants argued that the witnesses from the Rest home were incompetent to each appear or testify in the trial. According to the defendants, the procedure in which the district court used to resolve the competency of the witnesses was faulty. The defendants proposed a motion that the district judge should have ruled on the competency at the camera hearing. However, according to Rule 601, the trial courts responsibility to rule on the competency of the witnesses is rebutted. The rule states that all witnesses are deemed competent except where state law
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