State v. Wilcox
Brief

Citation249 Or. App. 248, 274 P.3d 893 (Ct. App. 2012) [2012 BL 83291] Brief Fact Summary. Defendant, Wilcox was involved in a burglary where the victim was shot and killed. He was charged with and convicted of aggravated felony murder. Wilcox sought to use psychiatric testimony to support his insanity defense. Synopsis of Rule of Law. A defendant may not offer expert psychiatric testimony, unrelated to the insanity defense, to show the defendant lacked the mens rea to form the specific mental state required for a particular crime or degree of crime. ...

State v. Toscano
Brief

Citation22 Ill.549 U.S. 1069, 127 S. Ct. 704, 166 L. Ed. 2d 545 (2006) Brief Fact Summary. The Defendant, Joseph Toscano (Defendant), was convicted of conspiring to obtain money by false pretenses. The Defendant argued that he acted under duress, but the trial court judge ruled the threatened harm was not sufficiently imminent. The appellate division affirmed the conviction. Synopsis of Rule of Law. The defense of duress applies to crimes other than murder if an individual participated in conduct because he was coerced to do so by the use of force or threat of force against him or another ...

Public Committee Against Torture v. State of Israel
Brief

CitationH.C. 5100/94 (Israel 1999). View this case and other resources at: Brief Fact Summary. The Supreme Court of Israel reviewed the lawfulness of utilizing physical means to interrogate prisoners. Synopsis of Rule of Law. Israeli interrogators may not use physical means to gain information from criminal suspects; however, in criminal cases, under certain circumstances, interrogators are not prohibited from asserting the defense of necessity. ...

United States v. Schoon
Brief

Citation22 Ill.971 F.2d 193 (9th Cir. 1991) Brief Fact Summary. The Appellants appeal their convictions for interfering with activities of the Internal Revenue Service (IRS) Office in Arizona and for failing to comply with an order of a federal police officer. The charges arose from their protest activities based on the United States’ involvement in El Salvador. Their appeal stems from the District Court’s denial of a necessity defense. Synopsis of Rule of Law. The defense of necessity is inapplicable to cases involving indirect civil disobedience. ...

United States v. Peterson
Brief

Citation22 Ill.131 S. Ct. 617, 178 L. Ed. 2d 437 (2010) [2010 BL 269745] Brief Fact Summary. Defendant fatally shot man in alley behind defendant’s house during the course of a quarrel pertaining to the victim’s attempt to take the windshield wipers off of defendant’s junked car. Synopsis of Rule of Law. One who is the aggressor in a conflict that results in death does not have available to him the justification of self-defense. ...

People v. Lauria
Brief

Citation22 Ill.251 Cal.App.2d 471, 59 Cal.Rptr. 628 (Ct. App. 1967) Brief Fact Summary. The Defendant, Lauria (Defendant), operated an answering service and knew that some of his customers were prostitutes who used the service to pick up calls from potential clients. Synopsis of Rule of Law. A supplier becomes part of a criminal conspiracy when, knowing that his goods are being used for unlawful purposes, there is direct evidence that he intends to participate in the furtherance of the crime, or where an inference of intent can be drawn through either (a) his special interest in the activi ...

New York Central & Hudson River Railroad Co. v. U.S
Brief

Citation22 Ill.212 U.S. 481, 29 S. Ct. 304, 53 L. Ed. 613 (1909) Brief Fact Summary. A corporation was held criminally liable for unlawful act of its agent in the payment of rebates to another company. Synopsis of Rule of Law. A corporations may be held criminally liable for the acts of its agents acting within the scope of their authority. ...

Smallwood v. State
Brief

Citation22 Ill.343 Md. 97, 680 A.2d 512 (1996) Brief Fact Summary. The Defendant, Smallwood, a knowingly HIV-positive individual (Defendant), was convicted of attempted murder of three rape victims for sexually assaulting them without using a condom. Synopsis of Rule of Law. The mere act of having unprotected sex with another person, knowing that one is HIV positive, is not sufficient to support an inference of an intent to kill. ...

State v. McFadden
Brief

Citation22 Ill.320 N.W.2d 608 (Iowa 1982) Brief Fact Summary. The Defendant, McFadden (Defendant), was convicted of two counts of involuntary manslaughter arising out of his participation in a drag race. A fatal collision occurred when the individual against whom the Defendant was racing swerved into an oncoming lane of traffic, killing himself and a passenger in another vehicle. Synopsis of Rule of Law. A defendant may be held criminally liable for the death of another where there is evidence that defendant’s conduct was a proximate cause of the resulting death. ...

People v. Smith
Brief

Citation22 Ill.35 Cal.3d 798, 201 Cal.Rptr. 311, 678 P.2d 886 (1984) Brief Fact Summary. Defendant Smith beat her child who, as a result, went into respiratory arrest and died. Defendant was convicted of second degree murder, felony child abuse and child beating and appeals the felony-murder jury instruction given. Synopsis of Rule of Law. The merger doctrine bars the felony-murder rule in cases where the underlying felony is an integral part of the homicide, such as is the case with felony child abuse. ...

State ex rel. Pope v. Superior Court
Brief

Citation113 Ariz. 22, 545 P.2d 946, 1976 Ariz. 218, 94 A.L.R.3d 246. Brief Fact Summary. The County Attorney acting on behalf of the State of Arizona brought a special action requesting that the Court reconsider existing law regarding the admissibility of evidence concerning the unchaste character of a complaining witness in a prosecution for rape. Synopsis of Rule of Law. Evidence of a Complainant’s prior sexual history should not be admitted in rape cases, with the exception of evidence of the Complainant’s reputation as a prostitute and her prior acts of prostitution as well ...

People v. Liberta
Brief

Citation64 N.Y.2d 152, 474 N.E.2d 567, 485 N.Y.S.2d 207, 1984 N.Y. 4916. Brief Fact Summary. After abusing her, Defendant’s wife obtained an order of protection against him which specified he had to stay away from her and move out of the home. The lower court order provided he could see his son once a week. Defendant then raped his wife after luring her to his motel room. Defendant was convicted of rape and the conviction was affirmed by the Appellate Division. Synopsis of Rule of Law. The marital exemption included in the rape statute violates the Equal Protection Clause of both the ...

United States v. Wiley
Brief

Citation492 F.2d 547, 160 U.S. App. D.C. 281; 1973 U.S. App. 7557. View this case and other resources at: Brief Fact Summary. No facts of the case are provided. Synopsis of Rule of Law. A complainant’s testimony in a rape case must be corroborated by independent evidence that would permit the jury to conclude beyond a reasonable doubt that the victim’s account of the crime was not fabricated. ...

Commonwealth v. Sherry
Brief

Citation386 Mass. 682, 437 N.E.2d 224, 1982 Mass. 1560. Brief Fact Summary. Three men were convicted of rape and appeal based on the judge’s refusal to instruct the jury, per defendant’s request, that the jury find beyond a reasonable doubt that the accused had actual knowledge of the victim’s lack of consent. Synopsis of Rule of Law. The issue of consent in rape cases is not to be determined based on the subjective view of the aggressor. ...

State v. Rusk
Brief

Citation289 Md. 230, 424 A.2d 720, 1981 Md. 165. Brief Fact Summary. Defendant Rusk was found guilty by a jury of second-degree rape, however, there was no evidence of resistance. The question for the Court was whether there was sufficient evidence of apprehension on the part of the alleged victim such that the jury could find Defendant guilty. Synopsis of Rule of Law. The reasonableness of a rape victim’s apprehension is a question of fact for the jury to determine. ...

Lambert v. California
Brief

Citation22 Ill.355 U.S. 225, 78 S. Ct. 240, 2 L. Ed. 2d 228 (1957) Brief Fact Summary. Defendant Lambert was convicted for violating a California ordinance that requires any convicted person who remains in California for the specified period to register with the State. Defendant offered proof that she had no actual knowledge of the ordinance, however the proof was refused. Synopsis of Rule of Law. In order for a conviction to stand for failure to register under this ordinance, a defendant must have actual knowledge of the duty to register or proof of the probability of such knowledge. ...

Staples v. United States
Brief

Citation132 S. Ct. 593, 181 L. Ed. 2d 435 (2011) [2011 BL 291324] Brief Fact Summary. Defendant Staples was convicted under the National Firearms Act, which criminalizes the possession of a weapon that is capable of automatically firing. Defendant argued that he did not know that the gun would fire automatically. Synopsis of Rule of Law. Absent a clear Congressional statement that mens rea is not required, the public welfare/strict liability rationale should not be applied to interpret any statute that fails to mention mental state as an element of the offense. ...

People v. Olsen
Brief

Citation22 Ill.36 Cal.3d 638, 205 Cal.Rptr. 492, 685 P.2d 52 (1984) Brief Fact Summary. Defendants were convicted of violating a provision of California’s penal code that prohibits the commission of lewd acts with children under the age of 14 and argued that mistake as to the victim’s age is a defense to the crime charged. Synopsis of Rule of Law. Mistake of age is not a viable defense in cases of statutory rape. ...

United States v. Dougherty
Brief

Citation22 Ill. 473 F.2d 1113, 154 U.S. App. D.C. 76 (D.C. Cir. 1972) Brief Fact Summary. The Appellants brought a joint appeal from convictions for malicious destruction of property. The Appellants argued that the judge improperly refused to instruct the jury on the issue of jury nullification and barred defense counsel from arguing that issue to the jury. Synopsis of Rule of Law. A judge presiding in a criminal case is not required to instruct the jury on the issue of jury nullification or allow defense counsel to argue the issue in front of the jury. ...

Duncan v. Louisiana
Brief

Citation22 Ill. 391 U.S. 145, 88 S. Ct. 1444, 20 L. Ed. 2d 491 (1968) . Brief Fact Summary. The Appellant, Gary Duncan (Appellant), was convicted of simple battery, a misdemeanor, in a Louisiana district court. Under Louisiana law, jury trials are not granted in misdemeanor cases. The Appellant claimed the state’s denial of trial by jury violated the United States Constitution (Constitution). Synopsis of Rule of Law. The Fourteenth Amendment of the Constitution guarantees a right of trial by jury in all criminal cases. ...

People v. Ingram
Brief

Citation65 Cal. App. 4th 500, 76 Cal. Rptr. 2d 553, 1998 Cal. App. 614, 98 Cal. Daily Op. Service 5431. View this case and other resources at: Brief Fact Summary. No facts were provided in the portion of the case provided by the Dressler handbook. Synopsis of Rule of Law. Theft by false pretenses occurs where the defendant makes a false representation with the intent to defraud the owner of his or her property and the owner is in fact defrauded. As in any other case of fraud, the injured party must have been induced to part with his or her property in reliance on the false representation ...

Commonwealth v. Koczwara
Brief

Citation397 Pa. 575, 155 A.2d 825, 1959 Pa. 493. Brief Fact Summary. This is an appeal from the judgment of the Court of Quarter Sessions of Lackawanna County sentencing the Defendant, Koczwara (Defendant), to three months in the Lackawanna County Jail, a fine of five hundred dollars and the costs of prosecution, in a case involving violations of the Pennsylvania Liquor Code. Synopsis of Rule of Law. One who applies for and receives permission from the state to carry on the liquor trade assumes the highest degree of responsibility to his fellow citizens. As a licensee, he is under a duty no ...

People v. McCoy
Brief

Citation25 Cal. 4th 1111, 24 P.3d 1210, 108 Cal. Rptr. 2d 188, 2001 Cal. 3791. Brief Fact Summary. The Defendants, Ejaan Dupree McCoy (McCoy) and Derrick Lakey (Lakey) (Defendants), were tried together and convicted of crimes arising out of a drive-by shooting in Stockton in 1995. Synopsis of Rule of Law. The statement that an aider and abettor may not be guilty of a greater offense than the direct perpetrator, although sometimes true in individual cases, is not universally correct. Aider and abettor liability is premised not on the combined acts of all the principals, but on the aider and ...

Iannelli v. United States
Brief

Citation420 U.S. 770, 95 S. Ct. 1284, 43 L. Ed. 2d 616, 1975 U.S. 52. Brief Fact Summary. The Petitioners were tried under a six-count indictment alleging a variety of federal gambling offenses. Each of the eight Petitioners, along with seven un-indicted co-conspirators and six co-defendants, were charged with conspiring to violate 18 U.S.C. Section:1955, a federal gambling statute making it a crime for five or more persons to conduct, manage, supervise, direct or own a gambling business prohibited by state law. Synopsis of Rule of Law. The Wharton Rule only applies to a limited category of ...

United States v. Schoon
Brief

Citation971 F.2d 193,1992 U.S. App. 17598, 92 Daily Journal DAR 10820. Brief Fact Summary. The Defendants, Gregory Schoon, Raymond Kennon, Jr., and Patricia Manning (Defendants), were convicted of obstructing activities of the Internal Revenue Service (IRS) and failing to comply with an order of a federal police officer. They unsuccessfully attempted a necessity defense claiming their protests were necessary to avoid further bloodshed in El Salvador due to America’s involvement there. Synopsis of Rule of Law. The necessity defense is inapplicable to a case involving indirect civil dis ...