DOCSLIB.ORG

Supreme Court of the United States

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Supreme Court of the United States Team No. 23 In The Supreme Court of the United States 2015 Thurgood Marshall Memorial Moot Court Competition ––––––––––––w–––––––––––– KENNY BEARSON, Petitioner, v. STATE OF CHAOSTOWN, Respondent, ––––––––––––w–––––––––––– On Petition of Certiorari To The U.S. Court of Appeals of the Thirteenth Circuit ––––––––––––w–––––––––––– BRIEF FOR RESPONDENT ––––––––––––w–––––––––––– Team 23 Jose Mafnas Jacqueline Win Counsels for Respondent QUESTIONS PRESENTED I. Did the Chaostown police officers’ search and seizure that took place at the petitioner’s home violate the Fourth Amendment? II. Did the trial court’s denial of the petitioner’s constitutional right to present a complete defense in ruling that Mr. Lara Jr.’s confession inadmissible deny the petitioner’s constitutional right to present a complete defense; and if the confession were admissible, would the proceedings have reached a different result? i TABLE OF CONTENTS QUESTIONS PRESENTED............................................................................................................i TABLE OF CONTENTS................................................................................................................ii TABLE OF AUTHORITIES..........................................................................................................iii STATEMENT OF JURISDICTION..............................................................................................vi CONSTITUTIONAL AND STATUTORY PROVISIONS...........................................................vi STATEMENT OF THE CASE........................................................................................................1 SUMMARY OF ARGUMENT.......................................................................................................6 ARGUMENTS.................................................................................................................................7 I. The Chaostown state officers’ search did not violate the Fourth Amendment’s prohibition on unreasonable searches and seizures.........................................................7 A. The Fourth Amendment authorizes the search of Petitioner’s house because his sister, Ms. Bearson, voluntarily granted the officers consent to search................8 i. Ms. Bearson’s consent was voluntary because the officers did not apply coercion or duress while requesting her consent to search..................................9 ii. The Court has found voluntary consent in much more “coercive” settings.....10 B. The Fourth Amendment authorizes the search of Petitioner’s house because his sister, Ms. Caroline Bearson, was a third party with common authority..................10 i. Despite Petitioner’s absence, Ms. Bearson’s third party consent is still valid because it was reasonable for her to assume that she may admit visitors..........12 ii. The officers’ search did not violate the Fourth Amendment because the evidence was found in plain view....................................................................14 iii. The Fourth Amendment does not require the trial court to suppress the evidence in this case because the evidence was lawfully obtained................15 II. The exclusion of testimony concerning a third party confession does not deny Petitioner his rights to due process and the inclusion of the confession would not change the outcome of the case. ...................................................................................16 A. The testimony concerning the third party confession was properly excluded under the hearsay rule when its contents are unreliable and untrustworthy.......................16 i. Mr. Lara Jr.’s statements were not of such unique character that the bare confession, without supporting proof of its reliability, would be admissible...17 ii. Mr. Lara Jr.’s statements lacked trustworthiness because of his high level of intoxication at the time the confession was made. ...........................................18 iii. Mr. Lara Jr,’s denial of the statement removes another layer of credibility in the evidence and does not have enough strength to be admitted.......................18 B. The exclusion of the testimony does not violate Petitioner’s due process rights because he still had a fair opportunity to defend himself.........................................20 C. The results of the proceedings would not have been different if Leopold’s statements were admitted since it lacked adequate indicia of trustworthiness.........22 CONCLUSION..............................................................................................................................23 ii TABLE OF AUTHORITIES Cases Arizona v. Hicks, 480 U.S. 321 325 (1987) ................................................................................... 15 Brady v. Maryland, 373 U.S. 83 (1963) ........................................................................................ 20 Brigham City v. Stuart, 547 U.S. 398 (2006) .................................................................................. 8 Bumper v. California, 391 U.S. 543 (1968) .................................................................................. 10 Byars v. United States, 273 U.S. 28 (1927) ................................................................................... 16 Chambers v. Mississippi, 410 U.S. 284 (1973). ............................................................................ 21 Chapman v. California, 386 U.S. 18 (1967). ................................................................................ 23 Colorado v. Connelly, 497 U.S. 157 (1986). ................................................................................. 16 Coolidge v. New Hampshire, 403 U.S. 443 (1971) ....................................................................... 15 Davis v. U.S., 131 S.Ct. 2419, 2423 (2011) .................................................................................. 16 Ellison v. Commonwealth, 219 Va. 404 (1978) ....................................................................... 18, 20 Fahy v. Connecticut, 375 U.S. 85 (1963) ...................................................................................... 23 Fernandez, 134 S.Ct. 1126 (2014). ................................................................................................. 9 Flagg Bros., Inc. v. Brooks, 436 U.S. 149 (1978) ........................................................................... 8 Florida v. Bostick, 501 U.S. 429 (1991) ........................................................................................ 10 Florida v. Royer, 460 U.S. 491 (1983). ................................................................................... 12, 13 Georgia v. Randolph, 547 U.S. 103 (2006) ............................................................................ passim Hines v. Commonwealth, 136 Va. 728 (1923). .............................................................................. 18 Horton v. California, 496 U.S. 128 (1990) ................................................................................... 15 Hudson v. Michigan, 547 U.S. 586 (2006) .................................................................................... 16 Illinois v. Andreas, 463 U.S. 765 (1983) ....................................................................................... 15 Illinois v. Rodriguez, 497 U.S. 177 (1990) .......................................................................... 9, 12, 16 v Johnson v. Commonwealth, 259 Va. 654 (2000) ........................................................................... 20 Johnson v. United States, 333 U.S. 10 (1948) ................................................................................. 8 Katz v. United States, 389 U.S. 347 (1967) ................................................................................. 8, 9 Kentucky v. King, 131 S.Ct. 1849 (2011) ........................................................................................ 9 Mapp v. Ohio, 367 U.S. 643 (1961) .......................................................................................... 8, 16 Michigan v. Fisher, 558 U.S. 45, 47 (2009) .................................................................................. 12 Michigan v. Lucas, 500 U.S. 145 (1991). ..................................................................................... 22 Montana v. Egelhoff, 518 U.S. 37 (1996). ..................................................................................... 22 Ohio v. Robinette, 519 U.S. 33 (1996) .......................................................................................... 10 Payton v. New York, 445 U.S. 573 (1980) ....................................................................................... 8 Pennsylvania Bd. of Probation and Parole v. Scott, 542 U.S. 357 (1998). .................................. 16 People v. Adams, 115 Cal. App. 4th 243 (2004). .......................................................................... 21 People v. Jackson, 2005 WL 342630 (Cal. Ct. App. Feb. 14, 2005) ............................................ 17 People v. Sykes, 341 Ill. App. 3d 950 (2003) ................................................................................ 17 Riley v. California, 134 S.Ct. 2473 (2014) .................................................................................... 12 Satterwhite v. Texas, 486 U.S. 249 (1988). ................................................................................... 23 Schneckloth v. Bustamonte, 412 U.S. 218 (1973) ....................................................................
Load more

Recommended publications
  • GUZMAN Delivered the Opinion of the Court
    IN THE SUPREME COURT OF TEXAS 444444444444 NO. 14-0067 444444444444 MIRTA ZORRILLA, PETITIONER, v. AYPCO CONSTRUCTION II, LLC AND JOSE LUIS MUNOZ, RESPONDENTS 4444444444444444444444444444444444444444444444444444 ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE THIRTEENTH DISTRICT OF TEXAS 4444444444444444444444444444444444444444444444444444 Argued March 26, 2015 JUSTICE GUZMAN delivered the opinion of the Court. In this residential construction dispute, the paramount issue on appeal is whether the statutory cap on exemplary damages is waived if not pleaded as an affirmative defense or avoidance. See TEX. R. CIV. P. 94 (requiring pleading and proof of affirmative defenses and avoidances); see also TEX. CIV. PRAC. & REM. CODE § 41.008(b) (limiting exemplary damages to the greater of $200,000 or two times economic damages plus noneconomic damages not exceeding $750,000). Our courts of appeals are split on the issue, and in this case, the lower court affirmed an exemplary damages award in excess of the statutory cap because the petitioner did not assert the cap until her motion for new trial. 421 S.W.3d 54, 68-69 (Tex. App.—Corpus Christi 2013). We hold the exemplary damages cap is not a “matter constituting an avoidance or affirmative defense” and need not be affirmatively pleaded because it applies automatically when invoked and does not require proof of additional facts. See TEX. R. CIV. P. 94. Here, the petitioner did not plead the statutory cap but she timely asserted the cap in her motion for new trial. We therefore reverse the court of appeals’ judgment in part and render judgment capping exemplary damages at $200,000.
    [Show full text]
  • The Book of Common Prayer
    The Book of Common Prayer and Administration of the Sacraments and Other Rites and Ceremonies of the Church Together with The Psalter or Psalms of David According to the use of The Episcopal Church Church Publishing Incorporated, New York Certificate I certify that this edition of The Book of Common Prayer has been compared with a certified copy of the Standard Book, as the Canon directs, and that it conforms thereto. Gregory Michael Howe Custodian of the Standard Book of Common Prayer January, 2007 Table of Contents The Ratification of the Book of Common Prayer 8 The Preface 9 Concerning the Service of the Church 13 The Calendar of the Church Year 15 The Daily Office Daily Morning Prayer: Rite One 37 Daily Evening Prayer: Rite One 61 Daily Morning Prayer: Rite Two 75 Noonday Prayer 103 Order of Worship for the Evening 108 Daily Evening Prayer: Rite Two 115 Compline 127 Daily Devotions for Individuals and Families 137 Table of Suggested Canticles 144 The Great Litany 148 The Collects: Traditional Seasons of the Year 159 Holy Days 185 Common of Saints 195 Various Occasions 199 The Collects: Contemporary Seasons of the Year 211 Holy Days 237 Common of Saints 246 Various Occasions 251 Proper Liturgies for Special Days Ash Wednesday 264 Palm Sunday 270 Maundy Thursday 274 Good Friday 276 Holy Saturday 283 The Great Vigil of Easter 285 Holy Baptism 299 The Holy Eucharist An Exhortation 316 A Penitential Order: Rite One 319 The Holy Eucharist: Rite One 323 A Penitential Order: Rite Two 351 The Holy Eucharist: Rite Two 355 Prayers of the People
    [Show full text]
  • The Awesome Power of Confession
    The Awesome Power of Confession “If we say we are without sin we deceive ourselves” (1 Jn 1:8). Introduction Andy Capp replied indignantly, “You can’t call me a failure. I’m not a failure; I never tried!” Even cartoon characters don’t like to admit their shortcomings. It is much easier to make excuses for our failings or to simply deny. The last thing we want is for other people to discover our failings and confront us with them. It is only natural that we feel bad when we do things that hurt others or wound our relationship with God. We are intrinsically wired to be connected to God, our creator, and to one another because we are linked together in the Father’s family. The human tendencies of denial and avoidance can make going to confession difficult, even an ordeal. Ultimately, we must recognize that our excuses and denials do not make our failings go away; rather they only distance us further from those we injured. This not only makes us unhappier here on earth, it can also lead to eternal separation from God after we die. God never wants to be separated from us, nor does he want us to be distant from one another . He understands our limitations and our sinfulness. That is why God gave the members of his Church specific ways to repent from sin. Jesus instituted the sacrament of confession so that we can experience God’s abundant mercy and have our relationship with him restored. This essay will develop key points: • how sin entered the world through Adam and Eve • God wants us to accept responsibility for our mistakes • the Old and New Testaments show how God has given his people specific rituals to confess and repent from sin • Jesus gave Peter the power to bind and loose sin on earth • the power of confessing our sins to a priest • how to prepare for the Sacrament of Penance.
    [Show full text]
  • New Light on Beauchamp's Confession
    New Light on Beauchamp's Confession Border States: Journal of the Kentucky-Tennessee American Studies Association, No. 9 (1993) NEW LIGHT ON BEAUCHAMP'S CONFESSION? Fred M. Johnson Eastern Kentucky University The present paper is an analysis of a manuscript in a box labeled Beachamp Family Papers in the collection of the Filson Club. The document is approximately fourteen inches long and nine inches wide. Differences in handwriting indicate that there were at least two authors. It also bears marks of extensive revision. It appears to be a compositor's copy of The Confession of Jereboam Beauchamp, an important document in the famous "Kentucky Tragedy," the assassination of the Attorney General of Kentucky, Solomon Porcius Sharp, a New Court luminary, on the night of November 5/6, 1825. The next day Sharp would have become Speaker of the House and would have announced a plan to reconcile the Old Court and the New Court factions, according to some sources. Putting it very briefly, the New Court faction generally, and the Sharp family in particular, however much dismayed by the loss of a leader and a husband and brother, desperately wanted to put their own particular "spin" on the motive for the killing, preferring that posterity see it as a purely political assassination. Working in their favor was the fact that the killer, Jereboam O. Beauchamp, was an Old Court partisan much given to such remarks about New Court people as terming them "animals we call Relief men in my country" and "anyone who would vote for Solomon P. Sharp ought to be damned," and the like.
    [Show full text]
  • The Baptist Confession of Faith
    THE BAPTIST CONFESSION OF FAITH With Scripture Proofs Adopted by the Ministers and Messengers of the general assembly which met in London in 1689 Editor's note: The Scripture links used in this on-line publication of the 1689 London Baptist Confession are to the WWW Bible Gateway at Gospelcom.net. Our thanks to GospelCom for making this valuable resource available on the "Net". Thanks also to Steve Poling ([email protected]) for the Scripture hypertext HTML script. 1. Of the Holy Scriptures 2. Of God and the Holy Trinity 3. Of God's Decree 4. Of Creation 5. Of Divine Providence 6. Of the Fall of Man, of Sin, and of the punishment thereof 7. Of God's Covenant 8. Of Christ the Mediator 9. Of Free Will 10. Of Effectual Calling 11. Of Justification 12. Of Adoption 13. Of Sanctification 14. Of Saving Faith 15. Of Repentance unto Life and Salvation 16. Of Good Works 17. Of the Perseveraance of the Saints 18. Of the Assurance of Grace and Salvation 19. Of the Law of God 20. Of the Gospel and the Extent of Grace thereof 21. Of Christian Liberty and Liberty of Conscience 22. Of Religious Worship and the Sabbath Day 23. Of Lawful Oaths and Vows 24. Of the Civil Magistrate 25. Of Marriage 26. Of the Church 27. Of the Communion of Saints 28. Of Baptism and the Lord's Supper 29. Of Baptism 30. Of the Lord's Supper 31. Of the State of Man after Death, and of the Resurrection of the Dead 32.
    [Show full text]
  • Practice the Practices: Confession
    C O N F E S S I O N : P R A C T I C E T H E P R A C T I C E The Practice of Confession and Self- Examination Definition: Telling the truth about myself - to me, God, and those around me. Scripture: “In Returning and rest you shall be saved;In quietness and in trust shall be your strength.” Isaiah 30:15 "For all have sinned and fall short of the glory of God, and all are justified freely by His grace through the redemption that came by Christ Jesus." Romans 3:23-24 "Search me O God, and know my heart; test me and know my anxious thoughts. See if there is any offensive way in me, and lead me in the way everlasting.” Psalm 139:23- 24 "If we claim to be without sin, we deceive ourselves and the truth is not in us. If we confess our sins, he is faithful and just and will forgive us our sins and purify us from all unrighteousness." 1 John 1:8-9 "Therefore confess your sins to each other and pray for each other so that you may be healed. The prayer of a righteous person is powerful and effective." James 5:16 "Whoever conceals their sin does not prosper, but the one who confesses and renounces them finds mercy." Proverbs 28:13 "Blessed is he whose transgressions are forgiven, whose sins are covered. Blessed is the man whose sin the Lord does not count against him and in whose spirit is no deceit." Psalm 32:1-2 "Repent then and turn to God, so that your sins may be wiped out, that times of refreshing may come from the Lord." Acts 3:19 Quotes “A child of the light confesses instantly and stands bared before God; a child of the darkness says, “Oh, I can explain that away.” - Oswald Chambers “Many avoid the path of self knowledge because they are afraid of being swallowed up in their own abysses.
    [Show full text]
  • 12/03/2016 DISTRICT 1 CO Doug Hermanson Responded to a Complaint
    Law Enforcement Division Bi-Weekly Field Report 11/20/2016 – 12/03/2016 DISTRICT 1 CO Doug Hermanson responded to a complaint of a hunter who set up a blind 40 yards from a house. CO Hermanson contacted the hunter who was able to quote the law, but was not able to estimate distance very well. A rangefinder reading indicated he was 70 yards from the dwelling. CO Hermanson showed the hunter where the safety zone extended to, so he could move the blind. CO Brian Lasanen and Sgt. Grant Emery responded to a RAP complaint where a shot was heard at 9:30 p.m. the previous night. Both COs arrived and made contact with the property owner and determined he did not shoot late. CO Lasanen observed blood in front of his garage door that led to an untagged deer hanging in the garage. The owner advised he must have forgotten to tag the deer. Enforcement action was taken. CO Brian Lasanen observed a vehicle parked alongside the roadway. CO Lasanen observed a gun case and a few bags of corn inside of the vehicle. CO Lasanen walked the well-beaten path into the bush and located the hunter a few hundred yards in and performed a routine check. The hunter’s bait pile contained: one bale of hay, one bag of apples and one bag of corn dumped at his bait site. CO Lasanen asked the hunter if he knew how much bait he is allowed to place on the ground and the hunter responded “about three gallons.” CO Lasanen asked him if his bait was about three gallons and he replied “No, way more than that.” Enforcement action was taken.
    [Show full text]
  • HOUSE V. BELL, WARDEN
    (Slip Opinion) OCTOBER TERM, 2005 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus HOUSE v. BELL, WARDEN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 04–8990. Argued January 11, 2006—Decided June 12, 2006 A Tennessee jury convicted petitioner House of Carolyn Muncey’s mur- der and sentenced him to death. The State’s case included evidence that FBI testing showing semen consistent (or so it seemed) with House’s on Mrs. Muncey’s clothing and small bloodstains consistent with her blood but not House’s on his jeans. In the sentencing phase, the jury found, inter alia, the aggravating factor that the murder was committed while House was committing, attempting to commit, or fleeing from the commission of rape or kidnaping. In affirming, the State Supreme Court described the evidence as circumstantial but strong. House was denied state postconviction relief. Subsequently, the Federal District Court denied habeas relief, deeming House’s claims procedurally defaulted and granting the State summary judgment on most of his claims. It also found, after an evidentiary hearing at which House attacked the blood and semen evidence and presented other evidence, including a putative confession, suggesting that Mr.
    [Show full text]
  • The Westminster Confession of Faith
    THE CONFESSION OF FAITH Chapter 1 Of the Holy Scripture 1. Although the light of nature, and the works of creation and providence do so far manifest the goodness, wisdom, and power of God, as to leave men unexcusable;a yet are they not sufficient to give that knowledge of God, and of his will, which is necessary unto salvation.b Therefore it pleased the Lord, at sundry times, and in divers manners, to reveal himself, and to declare that his will unto his a. Rom. 2:14–15. For when the Gentiles, which have not the law, do by nature the things contained in the law, these, having not the law, are a law unto themselves: which shew the work of the law written in their hearts, their conscience also bearing witness, and their thoughts the mean while accusing or else excusing one another. Rom. 1:19–20. Because that which may be known of God is manifest in them; for God hath shewed it unto them. For the invisible things of him from the creation of the world are clearly seen, being understood by the things that are made, even his eternal power and Godhead; so that they are without excuse. Ps. 19:1–4. The heavens declare the glory of God; and the firmament sheweth his handywork. Day unto day uttereth speech, and night unto night sheweth knowledge. There is no speech nor language, where their voice is not heard. Their line is gone out through all the earth, and their words to the end of the world.
    [Show full text]
  • 14Th Amendment US Constitution
    FOURTEENTH AMENDMENT RIGHTS GUARANTEED PRIVILEGES AND IMMUNITIES OF CITIZENSHIP, DUE PROCESS AND EQUAL PROTECTION CONTENTS Page Section 1. Rights Guaranteed ................................................................................................... 1565 Citizens of the United States ............................................................................................ 1565 Privileges and Immunities ................................................................................................. 1568 Due Process of Law ............................................................................................................ 1572 The Development of Substantive Due Process .......................................................... 1572 ``Persons'' Defined ................................................................................................. 1578 Police Power Defined and Limited ...................................................................... 1579 ``Liberty'' ................................................................................................................ 1581 Liberty of Contract ...................................................................................................... 1581 Regulatory Labor Laws Generally ...................................................................... 1581 Laws Regulating Hours of Labor ........................................................................ 1586 Laws Regulating Labor in Mines .......................................................................
    [Show full text]
  • Book of Confessions
    THE CONSTITUTION OF THE PRESBYTERIAN CHURCH (U.S.A.) PART I BOOK OF CONFESSIONS THE CONSTITUTION OF THE PRESBYTERIAN CHURCH (U.S.A.) PART I BOOK OF CONFESSIONS PUBLISHED BY THE OFFICE OF THE GENERAL ASSEMBLY 100 Witherspoon Street Louisville, KY 40202-1396 Copyright © 2014 by the Office of the General Assembly Presbyterian Church (U.S.A.) No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronically, mechanically, photocopy- ing, recording, or otherwise (brief quotations used in magazine or newspaper re- views excepted), without the prior permission of the publisher. The sessions, presbyteries, and synods of the Presbyterian Church (U.S.A.) may use sections of this publication without receiving prior written permission of the publisher. Library of Congress Cataloging-in-Publication Data 978-0-9837536-5-0 Printed in the United States of America Additional copies available at $10.00 each from Presbyterian Distribution Services (PDS), 100 Witherspoon Street, Louisville, KY 40202-1396, or by calling 1-800-524-2612 (PDS). Please specify PDS order #OGA-14-018 CONTENTS Reference Page Numbers Numbers Notes on the Paging and the Indexing .................................................................. i Preface ................................................................................................................ iii Confessional Nature of the Church Report ........................................................... v The Assessment of Proposed Amendments to the Book of Confessions ........ xxvi Confessions 1. The Nicene Creed ............................................ 1.1–1.3 1–3 2. The Apostles’ Creed ........................................ 2.1–2.3 5–7 3. The Scots Confession ................................ 3.01–3.251 9–26 4. The Heidelberg Catechism ...................... 4.001–4.129 27–73 5. The Second Helvetic Confession ............
    [Show full text]
  • An Analysis of the Faux Footage Genre in Television Samantha Richards
    Claremont Colleges Scholarship @ Claremont Scripps Senior Theses Scripps Student Scholarship 2018 The onsC truction of Truth in Fiction: An Analysis of the Faux Footage Genre in Television Samantha Richards Recommended Citation Richards, Samantha, "The onC struction of Truth in Fiction: An Analysis of the Faux Footage Genre in Television" (2018). Scripps Senior Theses. 1197. http://scholarship.claremont.edu/scripps_theses/1197 This Open Access Senior Thesis is brought to you for free and open access by the Scripps Student Scholarship at Scholarship @ Claremont. It has been accepted for inclusion in Scripps Senior Theses by an authorized administrator of Scholarship @ Claremont. For more information, please contact [email protected]. THE CONSTRUCTION OF TRUTH IN FICTION: AN ANALYSIS OF THE FAUX FOOTAGE GENRE IN TELEVISION by SAMANTHA RICHARDS SUBMITTED TO SCRIPPS COLLEGE IN PARTIAL FULFILLMENT OF THE DEGREE OF BACHELOR OF ARTS PROFESSOR CONNELLY PROFESSOR WING 4/20/2018 Richards 1 We open on dashcam footage from a police car. The sirens blare. From an overhead angle, we see multiple police cars rushing towards the gates of an old house surrounded by forest. As the cars get closer there is another cut. Now we’re viewing the arrival at the house through an officer’s body camera. Blocks at the bottom of the screen identify this footage as such. The officer whose perspective we share comes upon the still smoldering bodies of two impaled and burned children. We accompany this officer into the house where she comes across several more bodies. The officer then leaves the house to find a bloody Lee Harris (Adina Porter) laying in the grass outside.
    [Show full text]