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Gary L. Teeter
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| Gary's Views | I
believe the 14th amendment of the Bill of Rights, clearly states the
parameters for protection for all individuals.
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| Note | These website articles are for bringing attention to issues facing our nation and world today. The links to the sites that host their featured information are listed so that you may visit them to view and derive your own conclusions and opinions. | ||||||||||||||||||||||||||||
| The 9th Amendment
The 9th amendment was added to the Bill of Rights to ensure that the maxim expressio unius est exclusio alterius would not be used at a later time to deny fundamental rights merely because they were not specifically enumerated in the Constitution. |
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| "The enumeration in the
Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people."
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Section 1of the 14th Amendment
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Cutts Convicted of Murdering Jessie Davis, Unborn Daughter "Defense attorneys asked Stark County Common Pleas Judge Charles E. Brown Jr. to declare a mistrial, saying the not guilty verdict on aggravated murder for Davis was inconsistent with an aggravated murder conviction for the fetus. Both allegations were based on the same facts, the defense said. Brown rejected the request and said he had studied related court rulings and found that the allegations involved separate individuals: Davis and the fetus."
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Bobby Cutts Convicted of Murdering Jessie Davis, Unborn Daughter |
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GUILTY:
CANTON, Ohio (AP) - A
former police officer who tearfully told jurors
he accidentally killed his pregnant lover was
convicted Friday of murdering her and their
unborn child.
Bobby Cutts Jr. could face the death penalty. He had testified that he killed Jessie Davis with an elbow blow to the throat during a disagreement and dumped the body in a park in a panic. He sat with his hands on his lap and held his head erect without emotion as the verdicts were read. Prosecutors told the jury that Cutts killed Davis, 26, and the unborn baby last June at her Lake Township home to get out of child support payments for a fourth child. The couple's 2½-year-old son Blake, who was found home alone, gave investigators their first clues to his mother's disappearance when he said, "Mommy's crying. Mommy broke the table. Mommy's in the rug," and later, "Daddy's mad." For more than a week, Cutts denied knowledge of her whereabouts as thousands searched in the area last summer. He finally led authorities to the body, wrapped in a comforter and left in a park about 20 miles from her home. Cutts, 30, was convicted of aggravated murder in the death of the nearly full-term female fetus, for which he could receive the death penalty, life in prison without parole or life with parole eligibility after 20, 25 or 30 years. Jurors, who gave their decision on their fourth day of deliberations, found him not guilty of aggravated murder in Davis' death, a count that includes intent to kill with prior calculation and design. But they convicted him of a lesser charge of murder in her death. Cutts, who resigned from the Canton police, also was convicted of abuse of a corpse, burglary and child endangering for leaving Blake by himself. Defense attorneys asked Stark County Common Pleas Judge Charles E. Brown Jr. to declare a mistrial, saying the not guilty verdict on aggravated murder for Davis was inconsistent with an aggravated murder conviction for the fetus. Both allegations were based on the same facts, the defense said. Brown rejected the request and said he had studied related court rulings and found that the allegations involved separate individuals: Davis and the fetus. Davis' divorced parents, sitting three seats away from each other, clenched their jaws during the verdict reading. Cutts' relatives held hands and one sniffled into a tissue. The judge had warned against outbursts in the courtroom, and it remained quiet enough to hear benches gently creaking as people shifted in their seats. Outside the courthouse, defense attorney Fernando Mack said he wouldn't comment about the case, citing a gag order. He shrugged his shoulders when asked about the verdict and said Cutts was "doing OK." There was no indication from the defense team whether Cutts, who was a surprise witness at his trial, would take the stand at the sentencing phase to plead for his life. Cutts, dressed in a dark gray suit, was led from the courtroom by deputies with his hands cuffed behind by his back. Assistant County Prosecutor Dennis Barr declined comment. The Cutts and Davis families left without commenting. Cutts testified for four hours Monday, saying that he accidentally killed Davis with an elbow to her neck as he was trying to leave her house and she didn't want him to go. He said he then panicked. His attorneys said his actions in dumping the body and leaving the little boy alone didn't prove he intended to kill Davis. "Does that cause you to feel that he's a liar and a cheat and he's going to lie about everything else?" defense attorney Mack asked during his closing argument Tuesday. "None of that will tell you whether aggravated murder was committed on the morning of June 14th." Defense attorneys also stressed that there was no forensic evidence linking Cutts to the death and that a medical examiner couldn't determine how Davis died because of decomposition from nine days of exposure in the summer heat. But Barr told the jury that Cutts' story made no sense and said a police officer wouldn't hide a body unless he was covering up a criminal act. He noted Cutts' testimony that he sprayed down his truck after getting rid of Davis' body because of bugs on his windshield. "Is that reasonable?" Barr asked. "Or is it more reasonable to think that he stopped and washed that truck to get rid of trace evidence?" The prosecution's key witness, Cutts' longtime friend Myisha Ferrell, testified that Cutts picked her up in his truck the morning of June 14 with Davis' body in the back and help up his right arm to demonstrate how he killed her. Jurors will return Feb. 25 to hear evidence on whether to recommend the death penalty. The judge warned jurors not to discuss the case. |
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Ninth Amendment to the United States ConstitutionFrom Wikipedia, the free
encyclopedia
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Fourteenth Amendment to the United States Constitution
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Section 1. All persons born or
naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the
United States and of the State wherein they
reside. No State shall make or enforce any law
which shall abridge the privileges or immunities
of citizens of the United States; nor shall any
State deprive any person of life, liberty, or
property, without due process of law; nor
deny to any person within its jurisdiction the
equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article |
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