Objectives: Appreciation for the value of consulting secondary resources in assisting the researcher in fully understanding legal issues; in assisting the researcher in further refining legal issues; and in assisting the researcher in locating additional primary and secondary authority.
Please refer to the following scenarios and complete the steps below for each.
To Complete this assignment, I used the LoisLaw Connect free trial recommended by Beth. I will show my searches and the relevant results found within for each scenario.
Joanna Spring always insisted that she did not ever want to be kept alive by machines, and even stated that when she was a young teenager. Her parents understood her feelings on the subject. Joanna married Bill Spring and one month later, was involved in an auto accident which left her in a persistent vegetative state. Joanna’s parents (Mr. and Mrs. John Winters) have sued to have Joanna taken off life support. Joanna’s husband refused to allow the hospital to do so. Joanna’s parents thing that it is only because he will not inherit Joanna’s huge estate unless he has been married to her for more than two years. The court sided with Bill Spring, and refused to order the removal of life support. The Winters now want to appeal the decision and let Joanna die in peace before bill becomes Joanna’s heir.
1. Do previous requests with regards to final wishes change when married? Remove from life support request considered a last will and testament? Acting in the best interest of patient.
Shirley Baker is a young woman suffering from breast cancer. She has been on chemotherapy for several months, and has experienced terrible side-effects. She did receive a prescription for the medicinal use of marijuana while living in California, but moved to Oklahoma to be closer to her family. She did take several ounces of marijuana with her when she moved, and was arrested while smoking marijuana on the front porch of her parent’s home, the evening she arrived in Oklahoma. She was convicted of illegal possession of the drug, and wants to appeal her conviction.
1. Does Oklahoma recognize medical marijuana? Does California’s prescription law carry over to Oklahoma?
Joe Valle and Fred Hamper have been partners for many years. When same sex unions became legal in California, they moved there just long enough to be married, and then returned to their home in Georgia. Joe applied for health insurance for himself and his spouse. The insurance company refused to recognize the marriage, and Joe and Fred sued. The trial court found in favor of Big Time Insurance Company, and Joe and Fred want to appeal.
For this case, due to limited access, I used Maryland in place of Georgia as they do not allow same sex marriages.
1. Does Georgia recognize marriages performed in other jurisdictions?
2. Are same sex marriages recognized by the state? ( I searched Loislaw for same sex marriage doing a power search with only bar publications and other selected as libraries)
3.1 95 Op. Att'y Gen. 3 (2010)
3.3 No – the state works under “comity” or the recognition of other jurisdictions laws. It has recognized common law marriage, a marriage between and uncle and niece, both of which are not legal marriages in Maryland due to this.
3.4 These are all opinions of the Attorney General of Maryland and are secondary.
The opinion also states:
There are no formal prerequisites to recognition of an out-of-state marriage. Maryland courts observe "the general rule that a marriage valid where contracted or solemnized is valid everywhere, unless it is contrary to the public policy of the forum." Henderson, 199 Md. at 458
Flora Findley loves plants. She had become interested in hydroponics and hybridizing plants. She began growing plants under full-spectrum sunlight lamps in her home. She also has a teenaged son who expressed an interest in growing plants. She was pleased that she and her son could share an interest. One day, a police officer investigating a burglary next door, came to Flora’s home to ask if she had seen anything. He noticed all of the plants growing under the lamps, and quickly began inspecting them. He found a small plant that he thought was marijuana, and promptly arrested Flora. Flora was convicted for possession, but insisted that the search of her home was unwarranted. She wants to appeal the decision.
Did flora let the officer in? Does growing plants constitute reasonable suspicion? Was the plant in plain sight?
Mr. Frank Incense was arrested for theft when he took $500,000 worth of tools from behind a neighbor’s shed which faced an alley. Frank insisted that he thought the tools were being thrown away. He was having financial difficulty and thought he could make some money by selling the tools. While being questioned, Frank asked for an attorney. Finally he was provided with an attorney who specialized in Bankruptcy Law, and who was required to take on criminal cases pro bono. The attorney really did not understand criminal procedure, and as a result, Mr. Insence was not only found guilty, but also received a very stiff sentence. Mr. Insence wants to appeal his case because he believes that he not only had a right to counsel, but a right to counsel who was competent in handling criminal proceedings.
Did Incense receive competent counsel?