Regarding both for both petitioner side and respondent side

sugan (Querist) 16 September 2016 This query is : Resolved
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.”

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