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Edgar Tamayo Case


Enviado por   •  28 de Septiembre de 2015  •  Tarea  •  492 Palabras (2 Páginas)  •  200 Visitas

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Edgar Tamayo Legal Case

Summary of the crime.

Convicted in the shooting death of Houston Police Officer Guy P. Gaddis. Officer Gaddis was flagged down outside a southwest Houston nightclub by a man Tamayo and Jesús had robbed minutes earlier. Officer Gaddis arrested and handcuffed them and was transporting them to jail when Tamayo pulled a pistol that had gone unseen and shot the Officer three times in the back of the head. The Officer's patrol car ran off the road into a house, at which time Tamayo kicked out the window and fled, still handcuffed. He was arrested several blocks away. Tamayo told investigators that he was angry with Officer Gaddis because he wouldn't allow him to leave his keys with his wife before being transported to jail.

We can identify the elements that conforms the legal case of Edgar Tamayo Arias as we can see below.

1. Who are the actors (plaintiff, defendant)?

Plaintiff: The State

Defendant: Edgar Tamayo Arias

2. Where is typified the crime?

In Houston Texas

3. Who is the judge?

Lee Yeakel

4. Who represents the accuser in court?

General Greg Abbott

5. Who is the lawyer of the accused? It's private? Or assigned it the government?

Sandra Babcock, Maurie Levin and Laura Tansey. They were assigned for the government.

6. What are the arguments presented by the witnesses of the accuser? And the accused?

Jesús Zarco Mendóza served as a prosecution´s witness against the Mexican, He declared to the police that Tamayo could keep a semiautomatic gun, then when Gaddys were back to the car and continued driving, Tamayo shot him six times on the back, and the car crashed. Then he got out and escape but the officer O.R. Warren saw him and arrested him again.

From the defendant side there was no witnesses because he confessed the crime.

7. The Court is regional, local or federal?

Local

8. Where it is typified the death penalty the defendant received?

In the prison of Polunsky, in Livingston Texas

9. There was an appeal? If any, what court was in charge of it? What did they resolved?

There was two appeals, one focus on the consular issue and the other because the mental deficiency of Tamayo because of an accident several years ago. It was attended by the 5th U.S. Circuit Court of Appeals and they determined that the appeal was filed too late so it was denied.

10. What is the jurisdiction where the death penalty development?

The Supreme Court of US

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