In the midst of all the sangria-red and canary yellow the marmalade-colored, orange-colored leaves that fall on the world that is swooning over Halloween, it’s for you to shut off your fearful side and pose yourself a sharp query. Are you ready to be the next vampire that stakes on your workplace or the werewolf snatching through the courtroom of your choice, or perhaps the witch that needs an attorney for the duration of?
If you don’t answer in the positive and get yourself a huge chocolate bar may think about the fact that some Halloween-goers have bravely walked ahead of you. Take a look at the lengths they be navigating to obtain these tiny candy bars.
What happens when an Judge in My Case Finds My Client is a vampire?
This was the issue that was decided in U.S. v. Lawrence.
A Kentucky jury decided that Allen Lawrence, Jr. found guilty of felony firearm and drug charges in the year 2000. After a hearing the Sixth Circuit Court of Appeals ordered a remand to the resentencing. The resentencing hearing was held, and the judge noted that Lawrence was “a practitioner of vampires since at least 13.” No one from the defense counsel nor the defendant opposed any of the time until the conclusion of the trial.
Lawrence who, in spite of receiving an extremely reduced sentence following his hearing, appealed asserting that the comment exhibited an unjustified bias, and the judge ought to be removed from the trial.
In a ruling that said the appeal was of no merit The Sixth Circuit noted that there “is nothing to support any suggestion that the court’s based observations and irrational, witty observations regarding Lawrence’s vampirism cast a significant doubt about the truthfulness or integrity of the appeals process.”
It is no doubt that this ruling will be a major event in the development of American law and jurisprudence. Learn more about the issue through the following questions:
Do I have the ability to compare the defendant with a “Vampire” in closing arguments?
in the Colorado trial of U.S. in v. Thompson, defendant Jessica Caruthers made an appeal that was based, partially, on refusal of a motion to have an indefinite mistrial. Caruthers was one of the defendants accused of possessing with the intention to distribute an controlled substance and the conspiracy.
The 10th day of trial, the defense attorney filed an motion to dismiss the trial in response to the closing argument. Particularly, the lawyer told jurors:
“You can imagine, whenever I consider what happened in this I am reminded of the book I once read. The story went as follows: that: When a killer is struck and dies, the victim is killed at least once, but for drug dealersare like vampires. They attack their victims that in turn create other people like them as well as create other people as well, and down generations, all across the world but leaving the unborn unaffected.
The things you see here are vampires.”
In the appeal the plaintiff Jessica Caruthers alleged error based on the court’s inability to issue an appeal after closing. Although the court agreed the statement was not correct but also concluded that the comment didn’t affect the verdict of the jury. her, as the judge had instructed jurors to base their verdict on evidence and that the comment was a reference to the conspiracy case that the jury was not able to convict.
Is an expert able to prove whether a werewolf has the Mental State Required for committing a crime?
These Lawrence and Thompson instances are only two of the many bloody pool of cases that involve vampires. The vampire’s most feared enemy waswolf occasionally gets in trouble with the law also. Below are some suggestions of suggestions if you encounter the werewolf as your client.
In the case People in v. Andrews out of California is an example. A jury found Mark Alan Andrews of first-degree murder in a two-phase trial (a trial that had two stages including the determination of guilt in the first phase and mental condition and sentence in the next phase). A key issue during the trial was the issue of whether Andrews was in a state of mind during the time of his killing. The jury concluded that Andrews to be sane.
The appeal was denied. Andrews asserted on appeal that the trial judge erroneously exempted a psychiatrist’s expert testimony about impulsivity during the guilt part in the court trial.
The evidence provided revealed the fact that Andrews suffered from schizophrenia. In the absence of the medication prescribed, Andrews sometimes believed he was an werewolf. In the moment of the murder, Andrews believed that his victim was a vampire who he killed in the orders of God. Andrews believed that his delusion could be powerful enough to block any malice that is stipulated by the penal code.
The judge allowed psychiatrists to testify on Andrews beliefs, including the belief that the werewolf was his as well as his belief that the person he killed was a vampire, and that God instructed the victim to be killed and schizophrenia may cause impulsive behavior. The psychiatrist’s opinion about the extent to which Andrews suffered from motives for the killing was not allowed.
Even with the fact that Mr. Andrews’ howling at the moon, the court affirmed the restrictions on his witness as appropriate. After you’ve been fully armed with information about werewolves, maybe you get caught up with the question of philosophy:
Do Warlocks and Witches Need to Pay Ad Valorem and Warlock taxes?
Check out the case Roberts V. Ravenwood Church of Wicca in the Supreme Court of Georgia, which involved an adjudication of an ad valorem tax dispute (a tax that is based on the valued of an object, like real estate, or personal property, between Fulton County tax authorities and Ravenwood which has members who include “witches” as well as “warlocks.” The legal stew was fueled by free exercise clauses in the First Amendment and the Equal Protection Clause in the 14th Amendment. The supreme court issued a an order of finality for Ravenwood in the case, and an appeals court confirmed that decision, citing the fact that the church was involved as part of “religious rituals of worship.”
It seems like a logical and simple, doesn’t it? Of course it’s not. Nothing in law is easy. If you’ve thought about the preceding concerns, you’ll be more prepared to assist your clients no matter if they’re vampires, werewolves or witches. Therefore, give yourself a big candy bar, drink the warm and spicy cider and enjoy a happy Halloween.