Com v. Wiley
What was the courts ruling?
Wiley was NOT charged with 3rd degree murder
what was brink accused of?
Robbing a bank
why was briggs arrested
shot both deputies
was Della informed of his Miranda rights?
yes
did the defendant or appellant win?
Appellant
How did Wiley murder his girlfriend?
leg sweep
What was the ruling for Brink?
Brink’s 6th amendment rights were violated
what is it called when you inform a defendent about their legal rights
Miranda Warnings
what was Della arrested for?
murder of 2 ppl
What is 3rd degree murder?
killings done with legal malice
Why did Wiley have a general awareness that leg sweeps were unsafe?
Martial arts experience
Who was Scott and why was he involved?
Brinks cellmate & he testified that Brink confessed to committing the bank robbery
Why did Briggs think his 6th amendments rights were violated?
When troopers were leaving, they overheard him saying “ I’m sorry, I’m sorry, tell their families I'm sorry, I didn't mean to kill them.”
which side won the case?
Dellavecchia
how did Phelan die?
fell over MacArthur's porch
What is the name of the test that establishes malice?
1. high risk of harm
2. conscious disregard of risk
Bruce Test
was scott aware of brinks backround?
no
what weapon(s) were used?
both his gun & the deputy's gun
what did Lieutenant Willoughby do?
prevented Dellavecchia’s attorney
What physical action did MacArthur do causing Phelan to fall?
When Wiley was dismissed for third degree murder, what was the courts motion?
*hint vocab term that means that there was not enough evidence to hold a trial
writ of Habeas Corpus
the Government violates a prisoner's right to counsel when it places that prisoner in a cell with a jailhouse informant who "------------ ----" his position to secure incriminating info
Deliberately uses
what was courts decision for both questions?
1st degree murder, 6 amendment rights not violated
why were his rights not violated?
the investigating officer did not "------------ -----" information
deliberately elict"
what is the sub-sub case that defined that an individual "must reasonably anticipate that death is likely" and that he exhibits " wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind of social duty" that proves malice
Commonwealth v Malone