Facts For Appellate Brief

Facts of the CaseOn January 15 , 2006 Marvin Jones , a 22 year- former(a) adult male of exsert mental state , saw Rosa Jacobs while she was focal point of life of walking down street attempted to begin a conference with her . After 30 minutes of talking he was commensurate to stomach her phone number and promised to foreshadow her on the pursual dayOn the following day , January 16 , 2006 , Jones c in alled Jacobs requesting that they meet at Steve s dining compartment for coffee . The two met as planned , and later on having coffee , they had dinner and make plans for an early(a) evening During dinner , he revealed the fact that he had been anteriorly convicted of a felony 4 days earlier . Jones walked Jacobs home and they partedOn the following evening , Jones arrived at the plaza he had planned to meet Jacobs and found her accompanied by her two brothers . These men verbalized furbish up for their baby s surface cosmos in di spirit of their knowledge of Jones previous convictions for appal just 4 years earlierThe brothers also expressed concern ab bug out the differing back ground of Jones and Jacobs , as some(prenominal) had reach different levels of study Jacobs was an accountant and Jones a waiterJones responded in an exacerbate fashion , and this response to the brothers concerns led to name calling , button , 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 alter assault with a firearmThese charges , brought before the Judicial Circuit coquet in Miami-Dade County on March 14-17 , 2007 , were in violation of Florida jurisprudence Section 784 .021Jones was try before the court and presiding Judge Gonzalez and ! convicted on both counts out aggravated assault with a destructive 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 penalise 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 precede and to the full prepared to hear the slip of paper . Jones sat in the suspect s seat and had his lawyers present and at his side . The prosecution and defense force were allowed to make their cases in a magisterial and regulatory formatJones was allowed to testify in his own defense with the doer panel present to hear his testimony . Jones was allowed to converse with his council , account 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 holidaymaker court was made properly secure . In light of the defendant s violent history as demonstrated in his foregoing conviction for assault , he was held in a modal value that would ensure the safety of the jury , the judge , and all other persons present at the trial . This necessarily refer 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 overthrowd by Judge Gonzalez in light of the security normals to which the courtroom must be held and to return the jury with a more secure environment in which to lead their conclusionsThe pro secutor , Susan David , utilized three bossy sham ! exceptions to rid the courtroom of jurywomans considered unsuit equal . David found one 22 year old Jennifer Jackson to express nervousness in during the legal 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 scent out of immaturity . Objections were made by Council scribble Stevens to the usance of this absolute challenge , but the Judge Gonzalez found it inevitable to overrule the expostulation as Jackson was deemed unable to perform her legitimate duties to the proper standard in light of her apparent intimidationThe plump for peremptory challenge was issued against Deidre Sheldon Sheldon expressed a lack of aroused detachment neutrality in the case when she attempted to postulate 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 li ke and this David deemed to be an discrepant strength to be held by a juror . Mark Stevens made an objection to David s use of this challenge on the curtilage 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 judge 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 our website: OrderEssay.net

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