Case briefs 5-9

Case briefs 5-9 - Nicole McAnulty Crim 20 Brown v. State...

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Nicole McAnulty Crim 20 Brown v. State 955 S.W.2d 276 (Tex. 1997) Facts Alfred Brown purchased a gun after an altercation with James McLean, in order to protect himself. Brown and a few friends came into contact with the same individuals from the prior altercation. While Brown was raising the gun with his left hand, Coleman, one of Browns associates, accidently bumped his arm causing the gun to fire and hit Joseph Caraballo, fatally injuring him. Caraballo was also one of Browns friends. Browns was convicted in the 268 th Judicial District Court of murder. Issue Whether Alfred Brown accidently shot and killed Joseph Caraballo. Also, whether the request for a jury changed should have been accepted. Holding Appeals Affirmed Reasoning The court’s opinion was that Browns conduct was completely voluntary. Engaging in that kind of conduct can only result in the death of another. Whether he meant to shoot his friend is not the issue. Brown voluntarily engaged in the conduct therefore the court’s denial of the appellants request should stand.
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Miller v. State 6 S.W.3d 812 (Ark.App.1999) Facts The accused James Luther Miller was sentenced to thirty years in a state prison, for cocaine possession, one year in a county jail for the marijuana, and was ordered to pay a 1,000 dollar fine. While traveling in a car with three other people, James was seated behind the front passenger. Upon being stopped by a state trooper, the driver was given a sobriety test, and the
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Case briefs 5-9 - Nicole McAnulty Crim 20 Brown v. State...

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