U.S. Supreme Court.
Lafler v. Cooper, U.S. (), was a United States Supreme Court case in which the Court clarified the Sixth Amendment standard for reversing convictions due to ineffective assistance of counsel during plea truthandlifebible.info nos.: Cooper, a man described as a "little slow", was an outpatient at a psychiatric hospital. At a dance at a local church organized for patients of the hospital he took a woman aside, kissed her, and then strangled her to death because, as he later testified, he was afraid that she would tell on Appellant: Gary Albert Cooper.
But the power of confiscation and banishment does not belong to the judicial authority, whose process could not reach the offenders, and yet it is a power that grows out of the very nature of the social compact, which must reside somewhere and which is so inherent in the legislature that it cannot be divested or transferred without an express provision of the Constitution.
The Constitutions of several of the other states of the union contain the same general principles and restrictions, but it never was imagined that they applied to a case like the present, and to authorize this Court to pronounce any law void, it must be a clear and unequivocal breach of the Constitution, not a doubtful and argumentative implication.
Although I am of opinion that this Court has the same power that a court of the State of Georgia would possess to declare the law void, I do not think that the occasion would warrant an exercise of the power. The right to confiscate and banish in the case of an offending citizen must belong to every government.
It is not within the judicial power, as created and regulated by the Constitution of Georgia, and it naturally as well as tacitly belongs to the legislature. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.
Supreme Court Cooper v. The record exhibited the following case: After oyer of the bond and condition, the defendant pleaded in bar 1st, payment; 2d, "That on 4 May , an act was passed by the Legislature of the State of Georgia entitled 'An act for inflicting penalties on and confiscating the estate of such persons as are therein declared guilty of treason, and for other purposes therein mentioned,' by which it is among other things enacted and declared" "that all and every the persons named and included in the said act are banished from the said state, and that all and singular the estate real and personal of each and every of the aforesaid persons which they held, possessed, or were entitled Page 4 U.
That by virtue of the above recited act, and also of an act entitled" "An act to continue an act to authorize the auditor to liquidate the demands of such persons as have claims against the confiscated estates, and for other purposes therein mentioned," "passed 13 February, , and of another act entitled" "An act to compel the settlement of the public accounts, for inflicting penalties on the officers of this state who may neglect their duty, and for vesting the auditors with certain powers for the more speedy settlement of the accounts of this state with the United States," "passed 10 February ; the sum of money mentioned in the condition of the bond, and all interest thereon, have become forfeited and confiscated to the State of Georgia and the right of action attached thereto, and no cause of action hath accrued to the said Basil Cooper to demand and have of the said Edward Telfair the said sum of money.
The principles of the habeas corpus act shall be part of this Constitution. The freedom of the press and the trial by jury to remain inviolate forever. Upon this judgment the present writ of error was brought, and the following errors assigned: The general principles contained in the Constitution are not to be regarded as rules to fetter and control, but as matter merely declaratory and directory, for even in the Constitution Page 4 U.
Let the judgment be affirmed with costs. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. The operation could not be completed. If you logged out from your Quimbee account, please login and try again.
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On December 5, , oral arguments were heard before the Supreme Court, where Paul Clement appeared for the governor, Marc Elias appeared for the voters, and an assistant to the U. Solicitor General appeared as a friend in support of the voters. On May 22, , the Supreme Court delivered judgment in favor of Harris,  voting to affirm the judgment of the district court. From Wikipedia, the free encyclopedia.
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The argument escalated and Parker hit Cooper in the head with a small radio.
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