CitationSimeone v. Simeone, 525 Pa. 392, 581 A.2d 162, 1990 Pa. LEXIS 177 (Pa. Sept. 25, 1990) Brief Fact Summary. Appellant and appellee entered into a prenuptial agreement prior to marriage that expressly disallowed alimony pendente lite. Appellant filed a claim for alimony pendente lite during the divorce, and claimed that the Supreme Court’s denial of this claim was in error because it required disclosure of statutory rights only when the provisions made for the spouse were unreasonable. Synopsis of Rule of Law. Absent fraud, duress, or misrepresentation, spouses should be bound b ...
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Maynard v. Hill
CitationMaynard v. Hill, 125 U.S. 190, 8 S. Ct. 723, 31 L. Ed. 654, 1888 U.S. LEXIS 1927 (U.S. Mar. 19, 1888). Brief Fact Summary. A brief discussion regarding the legal nature of marriage. Synopsis of Rule of Law. Marriage creates rights, duties and obligations of law, consisting of more than a civil contract. ...
Gilbert v. Barkes
CitationGilbert v. Barkes, 987 S.W.2d 772, 1999 Ky. LEXIS 38 (Ky. Mar. 25, 1999) Brief Fact Summary. Appellee and appellant were engaged to be married, but the relationship broke down. Appellee sued under the common law action of Breach of Promise to Marry, and appellant moved for summary judgment. The trial court granted appellant’s motion, the court of appeals reversed. Synopsis of Rule of Law. Breach of Promise to Marry is an outdated common law action that should no longer be permitted. ...
In Re A.C
CitationIn re A.C., 573 A.2d 1235, 1990 D.C. App. LEXIS 90 (D.C. Apr. 26, 1990) Brief Fact Summary. A.C. was diagnosed with inoperable cancer while pregnant. Her condition worsened until she was unable to adequately communicate, and a hearing was held to determine if a caesarean section should be performed, during which there was conflicting testimony as to if A.C. would have consented to the operation. Synopsis of Rule of Law. The procedure of substituted judgment must be used to ascertain the wishes of an incompetent patient to submit to treatment unless there are truly extraordinary or c ...
Roe v. Wade
CitationRoe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147, 1973 U.S. LEXIS 159 (U.S. Jan. 22, 1973) Brief Fact Summary. Appellant Jane Roe, a pregnant mother who wished to obtain an abortion, sued on behalf of all woman similarly situated in an effort to prevent the enforcement of Texas statutes criminalizing all abortions except those performed to save the life of the mother. Synopsis of Rule of Law. Statutes that make criminal all abortions except when medically advised for the purpose of saving the life of the mother are an unconstitutional invasion of privacy. ...
Bowers v. Hardwick
CitationBowers v. Hardwick, 478 U.S. 186, 106 S. Ct. 2841, 92 L. Ed. 2d 140, 1986 U.S. LEXIS 123, 54 U.S.L.W. 4919 (U.S. June 30, 1986) Brief Fact Summary. Respondent was charged for committing sodomy after he engaged in the act with another adult male in respondent’s home. Respondent claimed that his status as a homosexual placed him in imminent danger of arrest. Synopsis of Rule of Law. The right to engage in sodomy in the privacy of the home is not a fundamental right protected by the United States Constitution. ...
Stenberg v. Carhart
CitationStenberg v. Carhart, 530 U.S. 914, 120 S. Ct. 2597, 147 L. Ed. 2d 743, 2000 U.S. LEXIS 4484, 68 U.S.L.W. 4702, 2000 Cal. Daily Op. Service 5252, 2000 Daily Journal DAR 6977, 2000 Colo. J. C.A.R. 3802, 13 Fla. L. Weekly Fed. S 496 (U.S. June 28, 2000) Brief Fact Summary. A doctor who performs abortions attempted to have a Nebraska statute preventing partial birth abortions deemed unconstitutional. Synopsis of Rule of Law. All statutes restricting abortion must allow an exception for the life and health of the mother. ...
Meyer v. Nebraska
CitationMeyer v. Neb., 262 U.S. 390, 43 S. Ct. 625, 67 L. Ed. 1042, 1923 U.S. LEXIS 2655, 29 A.L.R. 1446 (U.S. June 4, 1923) Brief Fact Summary. Plaintiff was convicted for teaching a child German under a Nebraska statute that outlawed the teaching of foreign languages to students that had not yet completed the eighth grade. Synopsis of Rule of Law. The Fourteenth Amendment prohibits states from creating legislation that restricts liberty interests when the legislation is not reasonably related to an acceptable state objective. ...
Pierce v. Society of Sisters
CitationPierce v. Soc’y of Sisters, 268 U.S. 510, 45 S. Ct. 571, 69 L. Ed. 1070, 1925 U.S. LEXIS 589, 39 A.L.R. 468 (U.S. June 1, 1925) Brief Fact Summary. Appellees, two non-public schools, were protected by a preliminary restraining order prohibiting appellants from enforcing an Oregon Act that required parents and guardians to send their children to public school. Appellants appealed the order. Synopsis of Rule of Law. The 14th Amendment provides a liberty interest in a parent’s or guardian’s right to decide the mode in which their children are educated. State’s ...
Griswold v. Connecticut
CitationGriswold v. Connecticut, 381 U.S. 479, 85 S. Ct. 1678, 14 L. Ed. 2d 510, 1965 U.S. LEXIS 2282 (U.S. June 7, 1965) Brief Fact Summary. Appellants were charged with violating a statute preventing the distribution of advice to married couples regarding the prevention of conception. Appellants claimed that the statute violated the 14th Amendment to the United States Constitution. Synopsis of Rule of Law. The right of a married couple to privacy is protected by the Constitution. ...
Eisenstadt v. Baird
CitationEisenstadt v. Baird, 405 U.S. 438, 92 S. Ct. 1029, 31 L. Ed. 2d 349, 1972 U.S. LEXIS 145 (U.S. Mar. 22, 1972) Brief Fact Summary. Appellee was convicted for exhibiting and distributing contraceptive articles under a law that forbid single as opposed to married people from obtaining contraceptives. Synopsis of Rule of Law. Dissimilar treatment between married and unmarried persons is unconstitutional when the dissimilar treatment is unrelated to a rational State objective. ...
Ellis v. State
CitationEllis v. State, 643 P.2d 330, 1982 OK CR 40, 1982 Okla. Crim. App. LEXIS 244 (Okla. Crim. App. Mar. 19, 1982) Brief Fact Summary. The Appellant, Moses Alvin Ellis (the “Appellant”), was convicted of Larceny of Domestic Animals in the District Court of Kiowa County, Oklahoma, and sentenced to three years in prison. The Appellant argues that the evidence was insufficient to sustain the verdict and the trial court erred in not instructing the jury to acquit him. Synopsis of Rule of Law. A jury verdict, based on competent evidence, will not be disturbed on appeal. ...
U.S. v. Scheffer
CitationUnited States v. Scheffer, 523 U.S. 303, 118 S. Ct. 1261, 140 L. Ed. 2d 413, 1998 U.S. LEXIS 2303, 66 U.S.L.W. 4235, 98 Cal. Daily Op. Service 2329, 98 Daily Journal DAR 3183, 1998 Colo. J. C.A.R. 1548, 11 Fla. L. Weekly Fed. S 421 (U.S. Mar. 31, 1998) Brief Fact Summary. The Respondent, Scheffer (the “Respondent”), was charged and convicted in military court on several criminal charges, including use of methamphetamine. He claimed he did not knowingly use the drug, and he passed a polygraph test. The Respondent sought to introduce the polygraph test as evidence to sup ...
State v. Chapple
CitationState v. Chapple, 135 Ariz. 281, 660 P.2d 1208, 1983 Ariz. LEXIS 153 (Ariz. Jan. 11, 1983) Brief Fact Summary. The defendant, Dolan Chapple (the “defendant”), was convicted of three counts of murder primarily based on an eye witness identification. The defendant claimed he was out of state at the time of the murders, and witnesses testified in his support. He offered an expert on eye witness testimony during trial to support his claim of mistaken identify, but the trial court did not allow the expert testimony. Synopsis of Rule of Law. Expert testimony may be admitted ...
State v. Porter
CitationState v. Porter, 698 A.2d 739, 241 Conn. 57, 1997 Conn. LEXIS 155 (Conn. May 20, 1997) Brief Fact Summary. The defendant, Christian Porter’s (the “defendant”), home was destroyed by a fire on July 20, 1992. The defendant was subsequently charged with and convicted of two counts of arson. Synopsis of Rule of Law. Scientific evidence must be reliable and relevant before it will be admissible. ...
United States v. Piccinonna
CitationUnited States v. Piccinonna, 885 F.2d 1529, 1989 U.S. App. LEXIS 14736 (11th Cir. Fla. Sept. 28, 1989) Brief Fact Summary. The defendant, Julio Piccinonna (the “defendant”), worked in the waste disposal business in South Florida. He agreed to testify in front of a Grand Jury investigating anti-trust allegations against waste disposal businesses. Before the Grand Jury, he denied knowing anything about illegal agreements between individuals involved in the business, but others would testify that the defendant did know, which led to perjury charges. Synopsis of Rule of Law ...
United States v. Saelee
CitationUnited States v. Saelee, 162 F. Supp. 2d 1097, 2001 U.S. Dist. LEXIS 15125, 57 Fed. R. Evid. Serv. (Callaghan) 916 (D. Alaska Aug. 24, 2001) Brief Fact Summary. The defendant, Chan Ian Saelee (the “defendant”), was indicted on three counts of violating the federal drug laws. Synopsis of Rule of Law. The testimony of the handwriting expert does not satisfy either Federal Rules of Evidence (“F.R.E.”) Rule 701 or 702. ...
Daubert v. Merrell Dow Pharmaceuticals, Inc
CitationDaubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469, 1993 U.S. LEXIS 4408, 27 U.S.P.Q.2D (BNA) 1200, 61 U.S.L.W. 4805, 93 Cal. Daily Op. Service 4825, 93 Daily Journal DAR 8148, 23 ELR 20979, CCH Prod. Liab. Rep. P13,494, 7 Fla. L. Weekly Fed. S 632 (U.S. June 28, 1993) Brief Fact Summary. The Petitioners, two minor children and their parents (the “Petitioners”), sued the Respondent, Merrell Dow Pharmaceuticals (the “Respondent”), alleging that the children’s serious birth defects were caused by the mother’s pren ...
Kumho Tire Co v. Carmichael
CitationKumho Tire Co. v. Carmichael, 526 U.S. 137, 119 S. Ct. 1167, 143 L. Ed. 2d 238, 1999 U.S. LEXIS 2189, 50 U.S.P.Q.2D (BNA) 1177, 67 U.S.L.W. 4179, 99 Cal. Daily Op. Service 2059, 50 Fed. R. Evid. Serv. (Callaghan) 1373, 29 ELR 20638, CCH Prod. Liab. Rep. P15,470, 1999 Colo. J. C.A.R. 1518, 12 Fla. L. Weekly Fed. S 141 (U.S. Mar. 23, 1999) Brief Fact Summary. A tire on a vehicle driven by the Patrick Carmichael (“Mr. Carmichael”) blew out and caused an accident killing one passenger and injuring others. The Respondents, the survivors and the decedent’s representativ ...
People v. Gardeley
CitationPeople v. Gardeley, 14 Cal. 4th 605, 927 P.2d 713, 59 Cal. Rptr. 2d 356, 1996 Cal. LEXIS 6830, 96 Daily Journal DAR 15380, 96 Cal. Daily Op. Service 9336 (Cal. Dec. 23, 1996) Brief Fact Summary. Edward Bruno (“Mr. Bruno”) was beaten and robbed by the Defendants, Rochelle Lonel Gardeley and Tommie James Thompson (the “defendants”). The defendants were members of the Family Crip gang. Mr. Bruno had been drinking and he left his car to go urinate in an area controlled by the Family Crip gang. Synopsis of Rule of Law. Expert testimony may be based on evidence no ...
United States v. Kristiansen
CitationUnited States v. Kristiansen, 901 F.2d 1463, 1990 U.S. App. LEXIS 6498, 30 Fed. R. Evid. Serv. (Callaghan) 164 (8th Cir. Mo. Apr. 25, 1990) Brief Fact Summary. The defendant, Kolby Kristiansen (the “defendant”), was convicted of escape after he did not return to a halfway house for several days. Synopsis of Rule of Law. Federal Rules of Evidence (“F.R.E.”) Rule 704(b) prohibits mental health experts from giving their opinion whether the accused had, at the time of the crime, the required mental state. ...
U.S. v. Brown
CitationUnited States v. Brown, 299 F.3d 1252, 2002 U.S. App. LEXIS 15456, 59 Fed. R. Serv. 3d (Callaghan) 410, 15 Fla. L. Weekly Fed. C 856 (11th Cir. Fla. July 31, 2002) Brief Fact Summary. The defendant, Jacqueline Panseta Brown (the “defendant”), was charged with importing cocaine base and possession of cocaine with intent to distribute. The cocaine base was found by United States Customs officers in the defendant’s luggage cart frames. It was found at the time she was traveling to Bermuda via Miami from Jamaica. Synopsis of Rule of Law. Federal Rule of Evidence (&# ...
United States v. Tran Trong Cuong
CitationUnited States v. Tran Trong Cuong, 18 F.3d 1132, 1994 U.S. App. LEXIS 3670, 40 Fed. R. Evid. Serv. (Callaghan) 574 (4th Cir. Va. Feb. 28, 1994) Brief Fact Summary. The Appellant, Tran Trong Cuong (the “Appellant”), a physician, was convicted of illegally prescribing controlled substances to thirty patients over several years. The Appellant gave the prescriptions in exchange for money, and the evidence indicated that the prescriptions were often unnecessary and administered without a thorough exam. Synopsis of Rule of Law. Federal Rules of Evidence (“F.R.E.” ...
Ingram v. McCuiston
CitationIngram v. McCuiston, 261 N.C. 392, 134 S.E.2d 705, 1964 N.C. LEXIS 486 (N.C. 1964) Brief Fact Summary. The plaintiff filed a lawsuit to recover damages for personal injuries sustained when the defendant rear-ended her in an automobile accident. The jury found for the plaintiff and awarded damages. Synopsis of Rule of Law. Hypothetical questions may only include facts which are already in evidence or which a jury might logically infer. ...
State v. Odom
CitationState v. Odom, 137 S.W.3d 572, 2004 Tenn. LEXIS 452 (Tenn. May 21, 2004) Brief Fact Summary. The defendant, Ernest Odom (the “defendant”), was charged and convicted of possession of crack cocaine and with intent to distribute crack cocaine. A search warrant executed on the defendant’s residence revealed eighteen vials of crack cocaine in a bag inside a pillowcase. Synopsis of Rule of Law. A qualified expert’s opinion may be offered into evidence if it relates to a subject that is not within the understanding of an average person of ordinary experience, educat ...