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Cornealious Michael Anderson III
Cornealious Michael "Mike" Anderson III (born ) is an American who was convicted of armed robbery in 2000 and sentenced to thirteen years in the Missouri state prison system. Due to a clerical error, his bond was not revoked when a warrant was issued for his arrest, and Anderson was not arrested because the Missouri Department of Corrections thought he was already in prison. The error was only discovered when he was scheduled to be released from prison in 2013 and he was arrested and required to serve his sentence. His arrest stirred national controversy, especially since he was a changed man by that time, and on appeal Anderson was set free in 2014. Robbery and conviction On August 15, 1999 in St. Charles, Missouri, Anderson and a companion robbed a Burger King manager at gunpoint of approximately $2,000 while he was attempting to deposit the money in a night deposit box at a bank. A witness observed Anderson and his companion leaving in a car and reported the license plate num ...
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Americans
Americans are the citizens and nationals of the United States of America.; ; Although direct citizens and nationals make up the majority of Americans, many dual citizens, expatriates, and permanent residents could also legally claim American nationality. The United States is home to people of many racial and ethnic origins; consequently, American culture and law do not equate nationality with race or ethnicity, but with citizenship and an oath of permanent allegiance. Overview The majority of Americans or their ancestors immigrated to the United States or are descended from people who were brought as slaves within the past five centuries, with the exception of the Native American population and people from Hawaii, Puerto Rico, Guam, and the Philippine Islands, who became American through expansion of the country in the 19th century, additionally America expanded into American Samoa, the U.S. Virgin Islands and Northern Mariana Islands in the 20th century. ...
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Judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a Judicial panel, panel of judges. A judge hears all the witnesses and any other Evidence (law), evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the Case law, case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial wiktionary:impartial, impartially and, typically, in an in open court, open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is ...
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Charleston, Missouri
Charleston is a city in Mississippi County, Missouri, United States. The population was 5,056 at the 2020 census. It is the county seat of Mississippi County. It is a home to a local correctional facility. History Charleston is the largest town on the Missouri side near the confluence of the Mississippi and Ohio rivers at Bird's Point (11 miles east on U.S. Route 60). Its history has been tied to traffic on the rivers. Settlement initially occurred on the north side, in what in 1805 was called Matthews Prairie. After purchasing for $337, Joseph Moore laid out Charleston in 1837. Some say the community derives its name from nearby Charles Prairie, while others believe the name is a transfer from Charleston, South Carolina. In 1845, it was selected as the county seat. A post office named Charleston has been in operation since 1847. The Battle of Charleston was fought on August 19, 1861. Killed in the battle were one Union soldier and thirteen Missouri State Guard soldiers. ...
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Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee. Description A hearing is generally distinguished from a trial in that it is usually shorter and often less formal. In the course of litigation, hearings are conducted as oral arguments in support of motions, whether to resolve the case without further trial on a motion to dismiss or for summary judgment, or to decide discrete issues of law, such as the admissibility of evidence, that will determine how the trial proceeds. Limited evidence and testimony may also be presented in hearings to supplement the legal arguments. Types Terminology varies from country to country, and there are different types of hearings under different legal systems. A preliminary hearing (also known as evidentiary hearing, probable cause hearing, and other variant terms) is a proceeding, after a criminal complaint has been filed by the prosecutor, to de ...
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Declaratory Judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous t ...
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Commutation Of Sentence
In law, a commutation is the substitution of a lesser penalty for that given after a conviction for a crime. The penalty can be lessened in severity, in duration, or both. Unlike most pardons by government and overturning by the court (a full overturning is equal to an acquittal In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...), a commutation does not affect the status of a defendant's underlying criminal conviction. Although the concept of commutation may be used to broadly describe the substitution of a lesser criminal penalty for the original sentence, some jurisdictions have historically used the term only for the substitution of a sentence of a different character than was originally imposed by the court. For example, the substitution of a sentence of parole for the origina ...
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Clemency
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a par ...
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Jay Nixon
Jeremiah Wilson "Jay" Nixon (born February 13, 1956) is an American lawyer and politician who served as the 55th Governor of Missouri from 2009 to 2017. A member of the Democratic Party, he was first elected to the governorship in 2008 and reelected in 2012. Prior to his tenure as Missouri Governor, he served as the 40th Missouri Attorney General from 1993 to 2009. After leaving public office he joined the Dowd Bennett law firm in St. Louis. As of 2022, he is the most recent Democrat to serve as the Governor of Missouri. Early life Nixon was born and raised in De Soto, Missouri. His mother, Betty Lea Nixon (née Wilson), was a teacher and president of the local school board, and his father, Jeremiah "Jerry" Nixon, served as the city's mayor. One of his three paternal great-grandfathers, Abraham Jonas, was an early Jewish settler in Illinois and friend of former President Abraham Lincoln (one of Nixon's paternal great-grandmothers was Jewish, though Nixon is Methodist). His g ...
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Chris Koster
Christopher Andrew Koster (born August 31, 1964) is an American lawyer and politician who served as the 41st Attorney General of Missouri from 2009 to 2017. Prior to serving as attorney general, Koster was elected three times as prosecuting attorney of Cass County, Missouri. Additionally, he served four years as State Senator from Missouri's 31st Senatorial district. In 2016, Koster was the Democratic nominee for Governor of Missouri and was defeated by Republican nominee Eric Greitens in the general election. After completing his terms as Attorney General, Koster joined Centene Corporation, where he currently serves as Executive Vice President, Secretary and General Counsel. Personal life Early life and education Koster was born in St. Louis, Missouri. Koster earned a liberal arts bachelor's degree from the University of Missouri - Columbia in 1987 and his Juris Doctor from the University of Missouri - Columbia School of Law in 1991. Koster also earned a master's degree ...
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Cruel And Unusual Punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, overly severe compared to the crime, or not generally accepted in society. History The words cruel and unusual punishment were first used in the English Bill of Rights 1689. They were later also adopted in the United States by the Eighth Amendment to the United States Constitution (ratified 1791) and in the British Leeward Islands (1798). Very similar words, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", appear in Article 5 of the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948. The right under a different formulation is also found in Article 3 of the E ...
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Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English la ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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