Tuesday, November 27, 2012

Cohens v. Virginia case brief



COHENS v. VIRGINIA (1821)

FACTS:
-People arrested for selling DC lottery tickets in VA when the state did not allow lotteries.
-People appealed their conviction to the United States Supreme Court.

-An act of the United States Congress authorized the operation of a lottery in the District of Columbia.
-The Cohen brothers proceeded to sell D.C. lottery tickets in the Commonwealth of Virginia, violating state law.
-State authorities tried and convicted the Cohens and fined them $100. The state courts found that Virginia law prohibiting lotteries could be enforced, notwithstanding the act of Congress which authorized the D.C. lottery.
-The Cohens appealed to the Supreme Court, arguing that their conduct was protected by the Act of Congress authorizing the D.C. lottery.

ISSUE:
Does SCOTUS have appellate jurisdiction over criminal appeals coming from the State Supreme Courts

VA Argues
Article 3, § 2, Cl. 2  “And those in which a state shall be a party, SCOTUS shall have original jurisdiction”

RULE:
-Original jurisdiction precludes exercise of appellate jurisdiction

HOLDING:

The court adopts the "Expansive View," stating that the court has appellate jurisdiction over anything arising under the Constitution regardless of who the parties are

ANALYSIS:
-To achieve the purpose of the Constitution, criminal appeals must be within SCOTUS appellate jurisdiction.
-Under Article III the appeals to State Supreme Courts also fall in line with the appellate jurisdiction of SCOTUS.

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