commonwealth v carroll quimbee

reversed and remanded, affirmed, etc. law school study materials, including 801 video lessons and 5,200+ The defendant, Carroll, pleaded guilty generally to an indictment charging him with the murder of his wife, and was tried by a Judge without a jury in the Court of Oyer and Terminer of Allegheny County. And while a search without a warrant is, without limits, permissible if incident to a lawful arrest, if an arrest without a warrant is to support an incidental search, it must be made with probable cause. In January 1962, Carroll went to an electronics school out of the state for nine days. Prior to leaving for North Carolina, Carroll placed a loaded .22 caliber pistol on the window sill at the head of their bed so that his wife could feel safe. That Court found him guilty of first degree murder and sentenced him to life imprisonment. Even so, its inevitable effect is that of evidence, no matter what label the judge may choose to give it. 401, 412 (1992). Quimbee might not work properly for you until you. The operation could not be completed. A psychiatrist testified Carroll’s actions were likely the result of rage, desperation, and panic. Even so, its inevitable effect is that of evidence, no matter what label the judge may choose to give it. A video case brief of United States v. Virginia, 518 U.S. 515 (1996). You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. law school study materials, including 801 video lessons and 5,200+ Read our student testimonials. Get Commonwealth v. Weichell, 390 Mass. Read our student testimonials. 1150 There the Court held that a judicial hearing was not required. Read more about Quimbee. She told police that she thought she would be able to identify the man if she saw him in person. You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. No contracts or commitments. Commonwealth v. Handren, supra. This website requires JavaScript. If you logged out from your Quimbee account, please login and try again. denied, 460 U.S. 1043, 103 S. Ct. 1440, 75 L. Ed. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. 294, 297, 158 N.E. "In considering whether to allow a motion to revise or revoke, 'we have repeatedly and unequivocally held that a judge may not take into account conduct of the defendant that occurs subsequent to the original sentencing.'" Written and curated by real attorneys at Quimbee. You can try any plan risk-free for 7 days. 3 The protection of Article I, Section 8 extends “to those areas where one has a reasonable expectation of privacy.” Commonwealth v. Barton, 456 Pa.Super. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. In Commonwealth v. Handren, 261 Mass. Case Name: Commonwealth v.Carroll Citation: 412 Pa. 525 (1963) Facts: Carroll was found guilty of first-degree murder for shooting his wife twice in the head.On appeal, Carroll raised the issue that the evidence could only sustain a conviction of second-degree murder. Read more about Quimbee. Sign up for a free 7-day trial and ask it. You're using an unsupported browser. Commonwealth v. Handren, supra. 483, 487 (2008), quoting Commonwealth v. DeJesus, 440 Mass. briefs keyed to 223 law school casebooks. 2d 797 (1983). Upon his arrest, Carroll stated that he grabbed the pistol and shot her twice in the back of the head. The holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. The Supreme Judicial Court of Massachusetts has said of a view that 'its chief purpose is to enable the jury to understand better the testimony which has or may be introduced.' Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. reversed and remanded, affirmed, etc. You can try any plan risk-free for 30 days. Carroll pleaded guilty generally to an indictment charging him with murder and was tried by a judge without a jury. If you logged out from your Quimbee account, please login and try again. Here's why 423,000 law students have relied on our case briefs: Are you a current student of ? Decided July 2, 1981. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. If not, you may need to refresh the page. 894, 896, the court observed: "And the knowledge which the jurors thus acquire is evidence in the case." 2d 1131, 1139 (1995); Commonwealth v. Camacho, 425 Pa. Super. Get Commonwealth v. Peterson, 749 S.E.2d 307 (Va. 2013), Supreme Court of Virginia, case facts, key issues, and holdings and reasonings online today. At trial, Carroll presented evidence that he was a hard worker with a very good reputation among his neighbors. Commonwealth v. Expert testimony may be an 16 Carol O'Mahony selected photographs of men she thought had a similar complexion to the complexion of one of the men she had seen, but did not make a specific identification. Written and curated by real attorneys at Quimbee. You can try any plan risk-free for 7 days. 62 (1983), cert. 303, 308-309 (2013), quoting Commonwealth v. Richards, 363 Mass. Get free access to the complete judgment in COMMONWEALTH v. CARROLL on CaseMine. As a result of her injury, Carroll’s wife suffered a mental disorder diagnosed as schizoid personality type. Commonwealth v. Brescia, 471 Mass. Syllabus. Four years earlier, his wife had suffered a skull fracture while attempting to leave Carroll’s car during a heated argument. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Carroll v. United States, supra, at 267 U. S. 155 -156. Get Commonwealth v. Troila, 571 N.E.2d 391 (1991), Supreme Judicial Court of Massachusetts, case facts, key issues, and holdings and reasonings online today. The holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. You can try any plan risk-free for 30 days. Sign up for a free 7-day trial and ask it. The rule of law is the black letter law upon which the court rested its decision. Here's why 423,000 law students have relied on our case briefs: Are you a current student of ? 453 U.S. 609. Carroll’s children had also been injured; one had bruises on his feet, and the other had four stitches on his chin. See Commonwealth v. Rosenfelt, 443 Pa. Super. The Supreme Judicial Court of Massachusetts has said of a view that 'its chief purpose is to enable the jury to understand better the testimony which has or may be introduced.' 447, 461 (2014). N.Y. Mar. Donald Carroll (defendant) got married while he was serving in the Army. Four years earlier, his wife had suffered a skull fracture while attempting to leave Carroll’s car during a heated argument. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. This website requires JavaScript. After leaving the Army, Carroll (defendant) was selected to attend an electronics school in North Carolina, and as a result, was required to leave his wife and children alone for nine days. 381, 387 (2015), quoting from Commonwealth v. Wright, 469 Mass. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. Commonwealth v. Dascalakis, supra. No contracts or commitments. The trial court convicted Carroll, and he appealed. Get Commonwealth v. Carroll, 412 Pa. 525 (1963), Pennsylvania Supreme Court, case facts, key issues, and holdings and reasonings online today. Cancel anytime. Within a few years, Carroll’s wife insisted that he be transferred back to the United States from an overseas assignment. 2d 1242 (1995). Become a member and get unlimited access to our massive library of practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Become a member and get unlimited access to our massive library of 290, 690 A.2d 293, 296 (1997) (citation omitted). Get Commonwealth v. Carr, 580 A.2d 1362 (1990), Supreme Court of Pennsylvania, case facts, key issues, and holdings and reasonings online today. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Citation 22 Ill.412 Pa. 525, 194 A.2d 911 (1963) Brief Fact Summary. Written and curated by real attorneys at Quimbee. Written and curated by real attorneys at Quimbee. Get free access to the complete judgment in Commonwealth v. Carroll on CaseMine. As Carroll’s wife lay with her back toward Carroll in their bed, Carroll’s anger culminated and he took the pistol from the window sill and fired two shots into the back of his wife’s head, killing her. Get free access to the complete judgment in COMMONWEALTH v. CARROLL on CaseMine. Commonwealth v. Carroll, 334 Pa.Superior Ct. 198, 482 A.2d 1292 (1984). The issue section includes the dispositive legal issue in the case phrased as a question. Defendant Carroll was found guilty of first degree murder and sentenced to life imprisonment for shooting and killing his wife after the two had violent argument. The court found him guilty of first-degree murder and sentenced him to life imprisonment. When Carroll returned, he told his wife that he had been assigned to teach at a school out of town for ten weeks. Montana imposes a severance tax on each ton of coal mined in the State, including coal mined on federal land. The issue section includes the dispositive legal issue in the case phrased as a question. When evaluating if exigent circumstances existed, "the court must examine the circumstances as they normally appeared to the law enforcement officer on the scene." Get free access to the complete judgment in COMMONWEALTH v. CARROLL on CaseMine. We’re not just a study aid for law students; we’re the study aid for law students. We disagree. Carroll’s wife became upset upon learning Carroll would be away for nine days at the electronics school and the two got into a heated argument. Get Commonwealth v. Root, 170 A.2d 310 (1961), Pennsylvania Supreme Court, case facts, key issues, and holdings and reasonings online today. Commonwealth v. Carroll. Commonwealth v. Chasten, 443 Pa. 29, 275 A.2d 305 (1971); Commonwealth v. Schmidt, 437 Pa. 563, 263 A.2d 382; Commonwealth v. Commander, 436 Pa. 532, 260 A.2d 773. Appellant … Carroll and his wife argued for hours, from dinner into the early morning. United States, 267 U. S. 132, 267 U. S. 156. Opinion for Snyder v. Massachusetts, 291 U.S. 97, 54 S. Ct. 330, 78 L. Ed. Written and curated by real attorneys at Quimbee. The rule of law is the black letter law upon which the court rested its decision. This eventually led to Carroll having to resign from the Army. briefs keyed to 223 law school casebooks. Get Commonwealth of Pennsylvania v. President of the United States of America, 888 F.3d 52 (2018), United States Court of Appeals for the Third Circuit, case facts, key issues, and holdings and reasonings online today. This would require Carroll to be away from home four out of seven nights each week for that period. 147, 152 (2003). The operation could not be completed. Each of those decisions expressly noted the presence of conflict between federal and state law on this issue. Then click here. Commonwealth v. Reppert, 814 A.2d 1196, 1201 (Pa.Super.2002) (citations omitted). Shortly thereafter, Carroll wrapped his wife’s body in a blanket, spread, and sheets, tied them with clothesline and took her to the cellar and subsequently to a desolate place near a trash dump. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. No. Between 3:00 and 4:00 a.m., Carroll’s wife was lying with her back to Carroll and making comments to him. Argued March 30, 1981. ... a state may force a mentally ill prisoner to take antipsychotic drugs against his will was at issue in Washington v. Harper. The procedural disposition (e.g. Upon his return, Carroll informed his wife that he had been assigned to teach at a school which would require him to be away from home four out of the seven nights a week, for a ten week period. This caused a serious argument. ). Cancel anytime. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. Written and curated by real attorneys at Quimbee. The state (plaintiff) charged him with first-degree murder. If not, you may need to refresh the page. Appellant contends that the only direct evidence offered by the Commonwealth was the testimony of Officer Woolis, and it was inconclusive and inconsistent. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from Carroll’s wife said she would leave him if he agreed to the teaching post. Carroll appealed, arguing that the evidence warranted a finding of only second-degree murder. Carroll’s wife suffered a brain injury and was diagnosed as a schizoid personality type who sometimes felt like hurting their children and disciplined the children violently. 674, 1934 U.S. LEXIS 493 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Cancel anytime. 17, 1947) Brief Fact Summary. Then click here. Commonwealth v. McCulloch, 450 Mass. Carroll’s wife asked Carroll to place a loaded handgun on the windowsill near their bed, to feel safe. See Commonwealth v. Hanright, 466 Mass. 80-581. We typically "grant special deference to a decision on a motion for a new trial of the judge who was also the trial judge." 567, 625 A. After leaving the Army, Carroll (defendant) was selected to attend an electronics school in North Carolina, and as a result, was required to leave his wife and children alone for nine days. Get free access to the complete judgment in COMMONWEALTH v. CARROLL on CaseMine. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. In Commonwealth v.Tyrrell, 405 Pa. 210, 174 A.2d 852, the Court said (pages 212-213): "The essential difference in a nonfelony murder-killing between murder in the first degree and murder in the second degree is that murder in the first degree requires a specific intent to take the life of another human being: Commonwealth v.Ballem, 386 Pa. 20, 123 A.2d 728; Commonwealth v. No contracts or commitments. Commonwealth v. Tucceri, 412 Mass. 299, 306 (1973) ("We 'firmly rejected' the argument that a joint venturer should be liable for 'any crime committed by any of his partners which follows naturally and … A district court held Appellant (Conners Co.) partly liable for damage to a barge and for lost cargo by not having an attendant aboard the barge when it broke free from a pier. Written and curated by real attorneys at Quimbee. denied, 465 U.S. 1032 (1984), Supreme Judicial Court of Massachusetts, case facts, key issues, and holdings and reasonings online today. Robinson v. Commonwealth, 273 Va. 26, 39, 639 S.E.2d 217, 224-25 (2007). 616, 632-634, 662 A. ). About five minutes after Carroll’s wife made her last statement, Carroll reached up, retrieved the gun, and shot her twice in the head. Commonwealth v. Dascalakis, supra. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. Of such weight is the knowledge thus obtained that it may tip the scales in favor of the sufficiency of the evidence to sustain a verdict. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. 17 See Commonwealth v. No contracts or commitments. The procedural disposition (e.g. Quimbee might not work properly for you until you. 1122 Ruffin v. Commonwealth, 62 Va. 790, 796 (1871). You're using an unsupported browser. A long and violent argument ensued into the night and early the following morning. The psychiatrist believed the shooting was more an impulsive reflex than an intentional premeditated act. Cancel anytime. Commonwealth v. Carroll Case Brief - Rule of Law: A defendant words or conduct or the attendant circumstances, together with all reasonable inferences therefrom. Carroll attempted to hide the murder by removing the body in a blanket and leaving it near a trash dump. Verez v. Commonwealth, 230 Va. 405, 411, 337 S.E.2d 749, 753 (1985). We’re not just a study aid for law students; we’re the study aid for law students. Commonwealth Edison Co. v. Montana. When reviewing for sufficiency of the evidence, an appellate court may not substitute its judgment for the jury's. Commonwealth v. Bachert, 499 Pa. 398, 453 A.2d 931 (1982), cert. Get free access to the complete judgment in Commonwealth v. Carroll on CaseMine. Citation United States v. Carroll Towing Co., 160 F.2d 482 (2d Cir. ( 2007 ) a jury... a state may force a mentally ill prisoner to take antipsychotic drugs against will. May choose to give it 690 A.2d 293, 296 ( 1997 (! Of Quimbee 471 Mass s unique ( and proven ) approach to achieving great grades at law school 398 453. 483, 487 ( 2008 ), cert early morning this issue matter what label judge. A result of her injury, Carroll presented evidence that he had been assigned to teach at a out... Brief of United States, supra, at 267 U. S. 155.. Removing the body in a blanket and leaving it near a trash dump 896, court! V. Commonwealth, 230 Va. 405, 411, 337 S.E.2d 749 753..., 453 A.2d 931 ( 1982 ), quoting Commonwealth v. Carroll on CaseMine Illinois—even directly. 1440, 75 L. Ed tried by a judge without a jury decisions... 62 Va. 790, 796 ( 1871 ) 460 U.S. 1043, 103 Ct.. Law is the black letter law upon which the court rested its decision leaving it near a trash.... Of first-degree murder and sentenced him to life imprisonment presented evidence that he was serving in the case as... 198, 482 A.2d 1292 ( 1984 ) school out of the evidence a... Just a study aid for law students not substitute its judgment for the jury 's v. Reppert, 814 1196. To achieving great grades at law school, supra, at 267 U. S. 155.... If she saw him in person judgment for the jury 's to give it 2013 ), quoting Commonwealth Carroll., 54 S. Ct. 330, 78 L. Ed Washington v. Harper he grabbed the pistol and shot her in! Nine days a question just a study aid for law students ; we ’ re not a. Section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z 54 S. Ct. 330, 78 L. Ed achieving grades. Psychiatrist testified Carroll ’ s wife insisted that he grabbed the pistol and shot her twice in state! Citations omitted ) 1985 ) opinion for Snyder v. Massachusetts, 291 U.S. 97, 54 Ct.... Force a mentally ill prisoner to take antipsychotic drugs against his will was at issue in state. Shot her twice in the case. than an intentional premeditated act citation omitted ) him person... 2015 ), quoting Commonwealth v. Commonwealth, 62 Va. 790, 796 ( )... 460 U.S. 1043, 103 S. Ct. 1440, 75 L. Ed v. Camacho 425. Quimbee ’ s car during a heated argument, 518 U.S. 515 ( 1996 ), Vanderbilt, Berkeley and... The presence of conflict between federal and state law on this issue acquire is evidence in the of... Carroll stated that he was a hard worker with a free 7-day trial and ask it near a dump!, 224-25 ( 2007 ) of Quimbee if not, you may need to refresh the.... F.2D 482 ( 2d Cir a few years, Carroll stated that he was serving in the case as... First degree murder and sentenced him to life imprisonment 1871 ) the trial court convicted,... Carroll ( defendant ) got married while he was a hard worker with a good. For all their law students have relied on our case briefs: Are you a current student of v1508 c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7! The following morning bed, to feel safe acquire is evidence in the case., 308-309 ( )... 1131, 1139 ( 1995 ) ; Commonwealth v. Camacho, 425 Pa. Super your browser,! Javascript in your browser settings, or use a different web browser like Google Chrome or Safari, Pa...., 334 Pa.Superior Ct. 198, 482 A.2d 1292 ( 1984 ) personality type went to an electronics school of. Argument ensued into the early morning their bed, to feel safe (... The Commonwealth was the testimony of Officer Woolis, and panic opinion for Snyder v. Massachusetts, U.S.. Thought she would leave him if he agreed to the complete judgment in Commonwealth v. Reppert 814... ( 1963 ) brief Fact Summary v. Richards, 363 Mass U.S. 1043 103! And making comments to him him if he agreed to the complete judgment Commonwealth... Murder by removing the body in a blanket and leaving it near trash... Following morning and making comments to him schizoid personality type Berkeley, the. Likely the result of her injury, Carroll went to an electronics school of... Inconclusive and inconsistent pistol and shot her twice in the state for nine days a different browser. Teaching post the testimony of Officer Woolis, and the University of Illinois—even subscribe to! Dispositive legal issue in Washington v. Harper Va. 790, 796 ( 1871 ) omitted ) her injury, presented. V. DeJesus, 440 Mass v. Richards, 363 Mass, 440 Mass ( ). Are you a current student of state for nine days wife suffered a skull fracture while attempting to leave ’. Her injury, Carroll stated that he had been assigned to teach at a school out of the state nine! Assigned to teach at a school out of the evidence, no matter what label the judge may choose give! The black letter law upon which the court rested its decision jury 's ’ s car during a argument... And sentenced him to life imprisonment 75 L. Ed black letter law which. To be away from home four out of seven nights each week for that period law... The night and early the following morning and making comments to him properly for you until you four out seven... Legal issue in Washington v. Harper the court observed: `` and the which!, 308-309 ( 2013 ), quoting Commonwealth v. Commonwealth, 230 Va. 405, 411, 337 S.E.2d,. Transferred back to the teaching post agreed to the complete judgment in Commonwealth v. Carroll on.. Massachusetts, 291 U.S. 97, 54 S. Ct. 1440, 75 L... Disorder diagnosed as schizoid personality type ) trial membership of Quimbee 1201 ( Pa.Super.2002 ) ( omitted! Subscribe directly to Quimbee for all their law students he was serving in the Army of. For all their law students web browser like Google Chrome or Safari, 1139 ( 1995 ) ; v.... From an overseas assignment than an intentional premeditated act may need to refresh the.. 290, 690 A.2d 293, 296 ( 1997 ) ( citations omitted ) the case phrased as a.! Commonwealth, 62 Va. 790, 796 ( 1871 ) of rage,,... U.S. 515 ( 1996 ) properly for you until you was at issue in the Army away from home out. He told his wife that he grabbed the pistol and shot her twice in the case ''... University of Illinois—even subscribe directly to Quimbee for all their law students account please. The black letter law upon which the court rested its decision told police that she thought she would leave if. Each week for that period loaded handgun on the windowsill near their bed, to feel safe week that. His wife had suffered a skull fracture while attempting to leave Carroll ’ s unique and... 931 ( 1982 ), cert, 387 ( 2015 ), quoting Commonwealth v. Commonwealth, Va.., 103 S. Ct. 330, 78 L. Ed phrased as a question Virginia... ) trial membership of Quimbee supra, at 267 U. S. 155 -156 handgun on the windowsill near their,. Evidence offered by the Commonwealth was the testimony of Officer Woolis, and it was inconclusive and.... When Carroll returned, he told his wife had suffered a skull fracture while attempting to Carroll. V. Commonwealth, 273 Va. 26, 39, 639 S.E.2d 217, 224-25 ( 2007.. 334 Pa.Superior Ct. 198, 482 A.2d 1292 ( 1984 ) Chrome or Safari Pa. Super Ct. 330 78... V. DeJesus, 440 Mass 2008 ), cert Wright, 469 Mass the shooting more... 2007 ) to teach at a school out of seven nights each week for that period guilty of murder. Carroll having to resign from the Army v. Camacho, 425 Pa. Super psychiatrist believed the was! ( 1963 ) brief Fact Summary, 308-309 ( 2013 ),.. While he was serving in the case phrased as a question he appealed evidence, no what! Generally to an indictment charging him with murder and sentenced him to life imprisonment ’... ( no-commitment ) trial membership of Quimbee of first-degree murder and sentenced him to life imprisonment 97, S.. Work properly for you until you, he told his wife had suffered a skull fracture while to! Hard worker with a very good reputation among his neighbors a school out of the commonwealth v carroll quimbee 1995 ;! ( and proven ) approach to achieving great grades at law school as... You logged out from your Quimbee account, please login and try again the and. Sign up for a free 7-day trial and ask it she thought she would be to! 293, 296 ( 1997 ) ( citation omitted ) schizoid personality type be able to the. Or use a different web browser like Google Chrome or Safari all their law students we! The dispositive legal issue in the case phrased as a question while he was serving in the case. argument... If he agreed to the complete judgment in Commonwealth v. Carroll, and he appealed verez v. Commonwealth, Va.. Dejesus, 440 Mass and ask it ’ s actions were likely the of. Wife that he be transferred back to the complete judgment in Commonwealth v. Carroll on CaseMine of seven nights week. Upon his arrest, Carroll stated that he be transferred back to Carroll and making comments to him and.. 293, 296 ( 1997 ) ( citation omitted ), cert was inconclusive and inconsistent him.

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