Criminal Law

Ewing is convicted of felony grand theft. Under CAs 3 strikes your out rule he is sentenced to 25 to life. CA is not prohibited by the 8th amendment and has basis to punish criminals in its best interests. Conviction affirmed.

Mochan was convicted for making lewd and provocative phone calls and appeals on grounds that the crime was not an offense under PA law. The actions were a misdemeanor at common law and are punishable. Trial court convictions affirmed.

McBoyle convicted of transporting stolen airplane over state lines. Issue as to how to interpret the Statute. Common mind thinks of "vehicle" and "running on land" to not include airplane. Conviction is reversed.

Dauray found guilty for possession of child porn. Since the statute is ambiguous and cannot properly be defined, the leniety rule is applied for the defendant. Conviction reversed.

Bergman is rabbi who entered plea to confession for attempts to defraud the govt and false and fraudulant partnership return. Question of what his sentencing should be. He is imprisoned for 4 months for general deterrence and retribution purposes.

Keeler charged with murder of fetus. Question of what is a "human being" under the statute. The enlargement of the statute would have been unforeseeable to Keeler so he cannot be charged.

Rogers stabbed someone who died 15 months later so the year and day rule applied. The court abolished the rule and the Supreme Court held that it did not violate ex post facto laws or due process.

Chicago Gang ordinance about loitering. Does it violate due process and pose an arbitrary restriction on personal liberties? The ordinance allows for too much police discretion and too little notice. Trial court judgment affirmed that ordinance is unconstitutionally vague.