Glossip V. Oklahoma
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Glossip V. Oklahoma
''Glossip v. Oklahoma'', , is a United States Supreme Court case. The Court decided that, in light of newly disclosed evidence and the state attorney general's confession of error, Richard Glossip should receive a new trial. Background Conviction and first appeals Shortly before dawn on January 7, 1997, Justin Sneed murdered Barry Van Treese, the owner of the Best Budget Inn motel in Oklahoma City. In order to avoid the death penalty, Sneed agreed to testify against Richard Glossip—the motel's manager—and implicate him in an alleged murder-for-hire scheme. At trial, Glossip was convicted of commissioning the murder of Van Treese, and later sentenced to death. At the time of the murder, Sneed was living rent-free at the Best Budget Inn, where he engaged in informal handyman work. It would later come to light that Sneed was addicted to methamphetamine, and had a history of violent crime. Following his trial in 1998, Glossip appealed on the grounds that he received ineffective as ...
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False Testimony
Perjury (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person’s deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; (archaically forswearing." Like most other crimes in the common law system, to be convicted of perjury one must have had the ''intention'' (''mens rea'') to commit the act and have ''actually committed'' the act (''actus reus''). Further, statements that ''are facts'' cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an ''interpretation'' of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without the ...
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Bipolar Disorder
Bipolar disorder (BD), previously known as manic depression, is a mental disorder characterized by periods of Depression (mood), depression and periods of abnormally elevated Mood (psychology), mood that each last from days to weeks, and in some cases months. If the elevated mood is severe or associated with psychosis, it is called ''mania''; if it is less severe and does not significantly affect functioning, it is called ''hypomania''. During mania, an individual behaves or feels abnormally energetic, happy, or irritable, and they often make impulsive decisions with little regard for the consequences. There is usually, but not always, a Sleep deprivation, reduced need for sleep during manic phases. During periods of depression, the individual may experience crying, have a negative outlook on life, and demonstrate poor eye contact with others. The risk of suicide is high. Over a period of 20 years, 6% of those with bipolar disorder died by suicide, with about one-third Suicide ...
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Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American jurist who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. He was Samuel Alito Supreme Court nomination, nominated to the high court by President George W. Bush on October 31, 2005, and has served on it since January 31, 2006. After Antonin Scalia, Alito is the second Italian-American, Italian American justice to serve on the U.S. Supreme Court. Alito was raised in Hamilton Township, Mercer County, New Jersey, Hamilton Township, New Jersey, and graduated from Princeton University and Yale Law School. After law school, he worked as an assistant attorney general for the Office of Legal Counsel and served as the United States Attorney for the District of New Jersey, U.S. attorney for the District of New Jersey. In 1990, Alito was appointed as a judge on the U.S. Court of Appeals for the Third Circuit, where he served until joining th ...
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Preliminary Hearing
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer. Canada In Canada, a preliminary hearing is sometimes referred to as a preliminary inquiry. During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial. Preliminary inquiries are only held when a person is charged with an indictable offence where the accused in liable to a period of imprisonment greater than 14 years. The Crown Attorney may call witnesses. If there is not enough evidence, the court will dismiss the charge(s). In the aftermath of the 2016 Jordan decision, in which the Supreme Court of Canada imposed time limits on the Crown to bring criminal cases to trial, ...
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Remand (court Procedure)
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand cause and ... require such further proceedings to be had as may be just under the circumstances.". This includes the power to make summary "grant, vacate and remand" (GVR) orders.''Lawrence v. Chater'', (per curiam), p. 166. Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment ( continuance) of criminal proceedings, when the accused is either remanded in custody or on bail. Appellate courts are said to remit matters to lower courts ...
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Napue Violation
''Napue v. Illinois'', 360 U.S. 264 (1959), was a United States Supreme Court case in which the Court held that the knowing use of false testimony by a prosecutor in a criminal case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution, even if the testimony affects only the credibility of the witness and does not directly relate to the innocence or guilt of the defendant. Background Prior case law The Due Process Clause of the Fourteenth Amendment to the United States Constitution provides: The Supreme Court of the United States has repeatedly addressed whether the Due Process Clause of the Fourteenth Amendment is violated when prosecutors knowingly use false testimony in a criminal trial. In 1935, the Supreme Court briefly wrote in ''Mooney v. Holohan'' that prosecutors violate the Due Process Clause if they knowingly present perjured testimony. The Court expanded on its decision in 1957 in the case '' Alcorta v. Texas'', in which it he ...
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Materiality (law)
Materiality is the significance of facts to the matter at hand.Black's Law Dictionary, 7th ed. In the law of evidence An item of evidence is said to be material if it has some logical connection to a fact of consequence to the outcome of a case. Materiality, along with probative value, is one of two characteristics that make a given item of evidence relevant. This largely depends on the elements of the cause of action the plaintiff seeks to prove, or that the prosecutor must prove in a criminal case to secure a conviction. Which issues must be factually proven are therefore a product of the underlying substantive law. In corporate and securities law Within the context of corporate and securities law in the United States, a fact is defined as material if there is a substantial likelihood that a reasonable shareholder would consider it important in deciding how to vote their shares or invest their money. In this regard, it is similar to the accounting term of the same name. M ...
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Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. After Marshall, Thomas is the second African American to serve on the U.S. Supreme Court and has been its longest-serving member since Anthony Kennedy's retirement in 2018. He has also been the Court's oldest member since Stephen Breyer retired in 2022. Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah, Georgia. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but became dissatisfied with its efforts to combat racism and abandoned his aspiration to join the clergy. He graduated with honors from the College of the Holy Cross in 1971 and earned his Juris Doctor in 1974 from Yale Law School. ...
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Appellate Court
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of the deference it will give to the lower court's decision, based on ...
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Michigan V
Michigan ( ) is a peninsular state in the Great Lakes region of the Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, Indiana and Illinois to the southwest, Ohio to the southeast, and the Canadian province of Ontario to the east, northeast and north. With a population of 10.14 million and an area of , Michigan is the 10th-largest state by population, the 11th-largest by area, and the largest by total area east of the Mississippi River.''i.e.'', including water that is part of state territory. Georgia is the largest state by land area alone east of the Mississippi and Michigan the second-largest. The state capital is Lansing, while its most populous city is Detroit. The Metro Detroit region in Southeast Michigan is among the nation's most populous and largest metropolitan economies. Other important metropolitan areas include Grand Rapids, Flint, Ann Arbor, Kalamazoo, the Tri-Cities, and Muskego ...
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Amicus Curiae
An amicus curiae (; ) is an individual or organization that is not a Party (law), party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Whether an ''amicus'' brief will be considered is typically under the court's discretion. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canadian law, Canada, an ''am ...
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Sonia Sotomayor
Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since August 8, 2009. She is the third woman, the first Hispanic, and the first Latina to serve on the Supreme Court. Sotomayor was born in the Bronx, New York City, to Puerto Rican-born parents. Her father died when she was nine, and she was subsequently raised by her mother. Sotomayor graduated '' summa cum laude'' from Princeton University in 1976 and received her Juris Doctor from Yale Law School in 1979, where she was an editor of the ''Yale Law Journal''. She worked as an assistant district attorney in New York for four and a half years before entering private practice in 1984. She played an active role on the boards of directors for the Puerto Rican Legal Defense and Education Fund, the State of New York Mortgage Agency, and the New Yo ...
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