sugan
16 September 2016 at 15:59
sir/madam, can u help me out with these moot problem.
Wyatt FORBES, III, Petitioner
v.
TEXANSAS
Supreme Court of Texansas
Facts of the Case
The circumstances of this case were widely published in the state and national media. For the
purposes of this appeal, we take the facts proved at trial as true. The following is a summary
of those facts. Wyatt “Trey” Forbes, III, grew up in a prominent family in the wealthy
Texansas City suburb of Eagle Heights. His grandfather, Wyatt Forbes, Sr., was a three-term
MLA from the same district. His family owns an oil refinery in the area. Trey Forbes was
well known to local law enforcement, with prior arrests for disorderly conduct and eve
teasing. In both cases, due to his youth and family connections, he was released into the
custody of his parents, with no charges filed.
On the afternoon of October 1, 2014, Trey Forbes was celebrating his eighteenth birthday at
his house with some of his friends. They then left for a local park. There, the youths
consumed alcohol which Forbes had previously stolen from a nearby convenience store.
Later, Forbes left the group to steal more of the product from the same store. He pulled the
hood of his sweatshirt over his head as he entered the store, in an attempt to disguise himself.
He also carried, in his backpack, a large screwdriver, which he had previously used to pry
open vending machine.
Forbes was recognized by the store clerk, despite his attempt at disguise. She chased him
from the store, as she was aware of his predilection for shoplifting. Forbes, however, still
evidently under the influence of alcohol, remained in the area, hiding in an alley behind the
store.1 As Forbes did not testify at trial, his motivation for what happened next is unclear.
At 8:30 p.m., a car, driven by Pamela Taylor, entered the parking lot of the convenience
store. In the backseat of the car, a 2012 Toyota Corolla, Mrs. Taylor’s daughter, Madison,
was asleep in her car seat.2 Mrs. Taylor left the car running while she went into the store to
purchase diapers.3 The car doors were unlocked. Forbes, who had apparently witnessed the
car pull in, climbed into the vehicle and drove away.
1 Surveillance footage showed Forbes pacing and muttering to himself in the alley for some time after he left the
store.
2 According to her mother, Madison Taylor was a fussy sleeper who suffered from colic. Her mother frequently
had to take her for drives in the neighbourhood to get her to go to sleep at night.
3 Mrs.Taylor testified that she was afraid of waking her child by turning the ignition off and on.
The store clerk, at the counter, saw the car with Forbes at the wheel. She immediately called
the police. Police Officer Michael Dudley responded to the call. He found the vehicle heading
north on Main Street, a busy commercial street in the town. He turned on his flashing lights
and siren to alert Forbes to stop the car. Forbes, however, accelerated the car, reaching a top
speed in excess of 130 miles per hour. He lost control of the Corolla, struck an on-coming
car, and rolled over several times. He was thrown from the vehicle, suffering a broken
collarbone. Madison Taylor died as a result of her injuries. She was six-months old.
Proceedings Below
Due to the public outcry over the crime, Forbes was convicted after a jury trial of robbery4,
kidnapping5 , and murder6.
Subsequent to this hearing, Forbes was sentenced to life imprisonment without the possibility
of bail. Forbes petitioned the Appellate Court to overturn his sentence as facially invalid. The
Appellate Court denied his petition. This appeal followed.
Analysis
Forbes claims that his sentence is unconstitutional because it violates the Constitutional
guarantees for prohibition of cruel and unusual punishments.
This is an appeal from a denial for a writ of habeas corpus. Appellant Wyatt “Trey” Forbes,
III, was convicted of culpable homicide, along with kidnapping and robbery. After a further
hearing regarding sentencing, the trial court sentenced Forbes to life imprisonment without
the possibility of bail.
Following his conviction and sentence, Forbes filed a petition seeking a writ of habeas corpus
in the Appellate Court of Texansas. The State moved to dismiss the petition. The State’s
motion was granted. In its order, the Appellate Court found that Forbes failed to demonstrate
that his commitment was unconstitutional. This appeal followed. Forbes’s argument on
appeal is that the Appellate Court erred in denying his petition because his sentence was
invalid on its face. He claims the Texasas Constitution prohibits life imprisonment without
the possibility of granting bail.
Instructions-:
Constitution and other laws of Texasas are analogous to that of Constitution and Laws of India.
4 “A person is guilty of robbery in the first degree when he forcibly steals property and when, in the course of
the commission the crime or of immediate flight therefrom, he [… ] causes serious physical injury to another
person who is not a participant in the crime; or […] is armed with a deadly weapon.”
5 “A person is guilty of kidnapping in the first degree when he abducts another person and when […] the person
abducted dies during the abduction[.]”
6 “A person is guilty of murder in the second degree when […] he commits or attempts to commit robbery,
burglary, [or] kidnapping […] and, in the course of and in furtherance of such crime or of immediate flight
therefrom, he […] causes the death of a person other than one of the participants.”
Kumar Soni
16 September 2016 at 15:17
Dear sir,
I am ready to live with her or divorce, what ever she wants. I have already a mutual consent document (have paid the money for it when her family complained a application in police. In consent it is written that can marry according to their choice, But i want Decree of Divorce for future security. I have all the proof that whatever she has done dueto their greediness and family pressure. I have send the information (legal notice) for necessary action to Suprimtendent of police and SHO of the local police. I am still living single.
Now i want to know what can i do for the decree of divorce?
If she becomes ready for living with me what doccument i can demond from her family side"?
looking for valuable suggestions.
Thanking you.
Ankit
16 September 2016 at 14:52
Sir/ma'am, I have applied for banking jobs. I am a resident of west bengal for the past 20 years and origibally belong to bihar.My entire education is from west bengal,including college. All my identity proofs like voter id card,aadhar card,etc bear the permanent address of west bengal. But i have an obc certificate which has been issued from bihar. While applying for the job, i mentioned permanent address of west bengal. Please guide me whether my application is successful,given the above conditions prevail.
Kmedu
16 September 2016 at 13:41
Dear Experts,
An Advocate who had appeared for 6 persons in one suit and latter upon that suit was disposed of. Thereafter the same advocate filing fresh suit on behalf of one of the said 6 persons but as against the other 5 persons.
Is it permissible under law.
Since the parties and properties are one and the same in both the suits.
Whether the said advocate can proceed the fresh suit as against the other 5 persons?
Kindly advise me.
Vishu
16 September 2016 at 13:30
Hello Dears.
I signed an employment bond with company for two year which is completed on 06/01/2016, Please advice is there any legal notice is required after completion of employment bond. its urgent because my company ask me to give notice for two month.
its Urgent...
Thanks in advance.
T RAMRAJ
16 September 2016 at 12:53
Sir,
I am member of Lawyers club of India, Sir, if you advise us on below query it will be helpful to us;
Myself T Ramraj belong to Tamil Nadu. We are farmers and belong to SC Community. Near to our agricultural land, neighbor is interested to sale agricultural DC land of 2.2 acre to us, he also belong to SC community. Can we buy and registrar the agricultural dc land. Recently we heard DC land should not be registered. Please clarify
Thanks,
Regards,
T Ramraj
09567345454
Member (Account Deleted)
16 September 2016 at 12:03
Dear Experts,
I have cultivated paddy on my joint property land,my brother filed a partition suit on the said land and case is in progress in the court,passbook and title dead is on my name only for that land, now my brother harvested that paddy crop suddenly, can i take any criminal action in this case?
Anonymous
16 September 2016 at 12:00
Hi,
I need to approach Consumer Court for settlement of some dispute.
But before I hire legal services I need some advice.
A private institution affiliated with National Law University had asked me to provide it with my address so that they can send me my certificate.I failed to provide them the address in time.Now they are not responding to my queries.
Can I approach Consumer Court for settlement of this issue ?
Secondly how to decide jurisdiction of dispute ? NLU is situated outside Delhi.
Though the Private Institute is situated in Delhi.
Thank You
Pooja Jatinder Singh
16 September 2016 at 11:48
Sir
We have an employee who has absconded with money of our company that has a unit in Nainital about a month back.
Now our local admin person had gone ahead and registered a FIR against this said employee with a Patwari stating it is possible to register a FIR against a person with a patwari under Pahadi Law.
My question is:
a)Is there any thing like Pahadi law
b)If so can a FIR be registered under Pahadi law with a Patwari.
c)Can a patwari issue an arrest warrant or begin investigations for such a FIR on his own or direct it to the state police.
Also this employee who committed a fraud is a resident of Delhi and is living with his parents in Delhi.
Now can the company file a fresh FIR against this person in a Delhi police station since my company's registered address is of Delhi.
Please guide us.
Regards
Pooja Jatinder Singh
Asst Manager-Legal
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Writ against #RPSC result
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