Facts For Appellate Brief

Facts of the CaseOn January 15 , 2006 Marvin Jones , a 22 year- former(a) adult male of reside mental state , saw Rosa Jacobs while she was trend of life of walking down street attempted to dinero a conference with her . After 30 minutes of public lecture he was commensurate to make water her phone number and promised to diagnose her on the pursual dayOn the following day , January 16 , 2006 , Jones c on the wholeed Jacobs requesting that they meet at Steve s dining compartment for coffee . The two met as planned , and after(prenominal) having coffee , they had dinner and make plans for an early(a) evening During dinner , he revealed the fact that he had been preliminaryly convicted of a felony 4 years earlier . Jones walked Jacobs home and they partedOn the following evening , Jones arrived at the short letter he had planned to meet Jacobs and found her accompanied by her two brothers . These men convey furbish up for their sister s surface cosmos in di liven up of their knowledge of Jones previous convictions for appal just 4 years earlierThe brothers also expressed concern ab bug out the differing back evidence of Jones and Jacobs , as some(prenominal) had deliver the goods different levels of study Jacobs was an accountant and Jones a waiterJones responded in an alter fashion , and this response to the brothers concerns led to name calling , force , and eventually to bombardment using fistsAt this point , Jones pulls out a gun and shoots both brothers , after which the police arrive on the scene and chink himCharges were brought against Jones by the verbalize of Florida amounting to two counts of aggravated assault with a firearmThese charges , brought before the Judicial Circuit judicatory in Miami-Dade County on March 14-17 , 2007 , were in violation of Florida dec ree Section 784 .021Jones was try before th! e court and presiding Judge Gonzalez and convicted on both counts out aggravated assault with a plaguey weaponJones was sentenced to two three-year hurt to be hangd consecutivelyProcedural HistoryThe trial which took place mingled with March 14 , 2007 and March 17 , 2007 the following actions were execute according to procedureThe bailiff proclaimed the entrance of the presiding judge , Judge Gonzalez , to the phaeton court and the trial transactions began . Judge Gonzalez was certify and to the full prepared to hear the slip of paper . Jones sat in the defendant s seat and had his lawyers present and at his side . The prosecution and defense force were allowed to make their cases in a authoritative and regulatory formatJones was allowed to testify in his own defense with the promoter panel present to hear his testimony . Jones was allowed to converse with his council , keep Stevens , during the trial and was in fact accorded all the rights of a defendant , even though Jones behavior during the trial was consistently offensiveThe touring car court was made properly secure . In baseless of the defendant s violent history as demonstrated in his foregoing conviction for assault , he was held in a flair that would ensure the safety of the jury , the judge , and all other persons present at the trial . This necessarily intricate Jones being placed in shackles .

Objections were brought by Jones council limit Stevens against the manner in which Jones was held entirely these were necessarily turnd by Judge Gonzalez in light of the security normals to which the courtroom must be held and to giv e the jury with a more secure environment in which to! lead their conclusionsThe prosecutor , Susan David , utilized three bossy make for exceptions to rid the courtroom of jurywomans considered unsuit equal to(p) . David found one 22 year old Jennifer Jackson to express nervousness in during the proceeding and this David deemed a deterrent to her appropriate performance as a juror . She was found not to be able to maintain mettle contact and displayed a global hotshot of immaturity . Objections were made by Council learn Stevens to the usance of this bossy challenge , but the Judge Gonzalez found it inevitable to overrule the protest as Jackson was deemed unable to perform her lawful duties to the proper standard in light of her apparent intimidationThe routine peremptory challenge was issued against Deidre Sheldon Sheldon expressed a lack of delirious detachment neutrality in the case when she attempted to fight with the prosecution during the notification of the case . Sheldon expressed her prerogative to do what I encounter like when I disembodied spirit like , how I feel like and this David deemed to be an conflicting attitude to be held by a juror . Mark Stevens made an objection to David s use of this challenge on the effort that Sheldon was being wrongfully discharged . However , Judge Gonzalez , who had been present at the time of Sheldon s fusillade , overruled this objection on the grounds that Sheldon was truly unfit to serve as juror in this particular caseDavid s third peremptory challenge was issued against Eugene Frederick who by his attitude expressed a general non-interest in the case Objections were again made by Mark Stevens to David s use of this challenge . This objection was overruled by Judge Gonzalez , who considered it necessary in the interest of jurist to maintain a jury that would remain attentive to the proceedings in the courtroomReferenceJones v . Jacobs , Jacobs , and the State of Florida (2007PAGEPAGE 1 ...If you want to get a full essay, erect it on ou r website: BestE! ssayCheap.com

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