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Kenzie Hartwig

October 9, 2014
LGS 3013
1.

What is a digest?
A digest is one order that contains facts of cases which is arranged by subject and located divided into certain
courts, and jurisdictions.

2.

Find the case 819 P.2d 1192.


a. What is the case name?
The case name is: Anderson v. Heartland Oil & Gas, Inc., 819 P2.d 1192 (Kan. 1991)
b. What is the full citation?
819 P.2d 1192, 249 Kan. 458
c.

On what date was the case decided?


October 25, 1991

d. How did the Supreme Court dispose of the decision of the District Court?
The Supreme Court affirmed the appellants appeal.
e.

What is a head note?


A head note is at the head of a case, summarizing the content. A head note is an abstract.

f.

Which is the first headnote in this case?


Civil Procedure > Jurisdiction > Personal Jurisdiction & In Rem Actions > In Personam Actions >
General Overview

g.

What is the official cite for this case?


No. 65,605. Supreme Court of Kansas. 249 Kan. 458; 819 P.2d 1192; 1991 Kan. LEXIS 161

3.

List five states covered in the Pacific Reporter?


Kansas, California, Alaska, Colorado and Hawaii.

4.

Using your textbook or The Bluebook: A Uniform System of Citation, state the regional reporters in which the
following states cases are found:
a. Alaska: Pacific Reporter, P. 3d
b. Louisiana: Southern Reporter, So.3d
c. Texas, South Western Reporter, S.W. 3d

5.

List the digest(s) that cover Texas case law?


Wests Texas Digest, Stack 211 (1840-1983)
Wests Texas Digest 2d, Stack 211-212 (1935- Present)

6.

What is a topic and key number and how does help me find cases?
A topic and key number is a useful tool when trying to search for a case. This system has over 400 topics,
concerning Civil Rights, Pretrial Procedure, and Treaties. In those certain law systems topics are picked apart
in great detail to get to the narrowest notion. Each of these notions is a number in which the term Key Number
is named. There are over 100,000 notions that Topic and Key number help find.

7.

What is a pocket part?


A pocket part is on the back cover of book. Any legal researcher should consult it to ensure that the current law
is examined with the most up to date ruling.

8.

What is a descriptive word index?


A descriptive word index is like a legal dictionary that contains specific Words and Phrases that direct
researchers to the information they are looking for. Especially when formulating a brief when indexing Slip
and Fall cases.

9.

You are looking for cases that will answer the following question. Does the offender have to know a child victim
is under six to be found guilty of capital murder under Texas law? Using Lexus Nexus Academic Universe use
search terms (victim /p under six) and find two Texas cases one from the Texas Court of Criminal Appeals
decided in September 2000 and another local San Antonio case from the 4th Court of Appeals decided in 1998
that answers this question?
a. Provide the cite to the two cases and prepare a case brief for each case.
Black v. State, NO. 73,197, COURT OF CRIMINAL APPEALS OF TEXAS, 26 S.W.3d 895; 2000 Tex.
Crim. App. LEXIS 78, September 13, 2000, Delivered
BRIEF:
1.

Introduction:
Christopher Black verse the Texas State Court. The appellant was convicted of a capital murder.
The trial Judge sentenced the appellant to death. The appellant had five points of error, for
murdering a child under the age of six years old.

2.

Standard of Review:
The appellant court affirmed that the child capital murder provision is rationally intertwined with
governments interests in the protection of young children. This did not violate Equal Protection
Clauses which includes the U.S. Const. amend. XIV and the Tex. Const. art. I. 3. The victims
status as a young child is a provoking factor that does not require proof of an offenders explicit
goal to the appellants understanding of how old the child actually was. The court went on to hold
that the trial judge used his power in excusing the prospective juror who was somewhat deaf and
the appellants presence would have not changed the courts ability to come to a verdict.

3.

Questions Presented:
A young child needs protection, and the amount of protection that child needs is enormous. Also,
what age makes that child a child? Children even as young as twelve can still be defenseless. So the
question remains whether capital murder should be enforced. Regardless of whether or not the
child in question, is under six or not.

4.

Constitutional Provisions, States, Regulations and Rules Involved:


Murder, capital murder, young child, the age of the child, classification, specific intent, equal
protection, rationally. Criminal Law & Procedure,Criminal Offenses, Homicide, Murder

5.

Statement and Facts:


The fact of the matter is that Christopher Black Sr. was put on trial and convicted for killing an
infant. (Less than two years old)
Christopher Black, is claiming that the capital murder penal code section 19.03(a)8 is
unconstitutional; because it violates the equal protection of both the federal and state constitutions.
But the State of Texas argues that capital murder defendants are not a suspect class for purpose of
equal-protection analysis. Nor does the Death penalty, prove a fundamental right also the United
States Supreme court has a record of consistently recognize that State has reasonable and
compelling interest protecting the child.
We concluded that crimes towards children are among the most unconstitutional and morally
heinous, simply because they involve the most innocent and vulnerable of members of society.

6.

Argument:
My argument would be whether or not capital murder is unconstitutional, simply because of the
age of victim.

7.

Conclusion:
In the courts opinion it is wrong to murder a child period.

8.

Appendices:

Ramos v. State, No. 04-97-00466-CR, COURT OF APPEALS OF TEXAS, FOURTH DISTRICT, SAN
ANTONIO, 961 S.W.2d 637; 1998 Tex. App. LEXIS 144, January 14, 1998, Delivered , January 14,
1998, Filed
BRIEF:
1.

2.

3.

4.

5.

Introduction:
Ignacio a young adult of seventeen years of age killed a one year old. The State of Texas is stating
that under many legislative acts that if another human kills an innocent child under the age of six
that you will be tried for capital murder. Ignacio rebutted the 144th Judicial District Court of Bexar
County (Texas) saying that since he was the age of seventeen he could not be indicted as an adult.
Standard of Review:
The State of Texas Supreme court found that under Tex. Penal Code Ann. 19.03(a)(8), U.S. Const.
amend. XIV, Tex. Const. art. I, , affirm that murdering a child under the age of two is capital
murder. The appellant challenged the decision, appealing that since he was in fact a teenage the
state should consider a plea bargain.
Questions Presented:
If killing an innocent child was constitutional then why is it considered killing innocent?
A child under six years of age is still learning the basics to human way.
This case calls into consideration the mental state of Ignacio.
Constitutional Provisions, States, Regulations and Rules Involved:
Constitutional Law, Equal Protection, Level of Review
Criminal Law & Procedure, Criminal Offenses, Homicide , Murder, General Overview
Criminal Law & Procedure, Sentencing, Capital Punishment, General Overview.
Statement of Facts:
Facts of the case: Ignacio is a seventeen year old, he committed capital murder. HE tried to fight
the judgment and asked for a plea. The court was unmoved. Killing a child under the age of six
year of age is unconstitutional because that child is defenseless and has no means to survival
without help from an adult. Since Ignacio was seventeen he is considered a young adult.
Ignacio asserted that the indictment for the murder of the one year old (Rocque Aragon) was
unconstitutional. He also contended that the capital murder charge was hence, Ignacio also in
essence was held to the strict liability standards for the crime he committed.

6.

The Texas State Court, addressed the issue In the Matter of M.A., 935 S.W.2d 891 in this case the
court found that in plain language 19.03(a)(8) that no knowledge requirement exists. The court
found further that the lack of a specific intent to murder a person that is considered adolescent and
that is also under the age of six years cannot cause the indictment to be constitutionally infirm. The
court also made it a point that if a person has the knowledge that requires the brain capability to
murder a child that the capital murder statute will be enforced. The court found that a child is a
person under the age of ten years and below the age of seventeen. Therefore the Texas State Court
found no error and affirmed the judgment.
Argument:

Arguments in this case would wind down to two major points. The first what age is a child no
longer a child and two should we convict this young adult to death for killing an innocent one year
old.
7.

8.

Conclusion:
The court affirmed the death penalty; the jury came to the conclusion that a child is no longer a
child at the age of seventeen. The Family Code or the Code of Criminal Procedure governs that the
age of a child throughout the trial is taken into consideration. So the fact that Ignacio was
seventeen when he committed the felony and was the same age when on trial. The court found him
guilty on all counts.
Appendices:

b.

Name the Texas statute mentioned in the cases that applies to this issue.
For the first case mentioned above the statute that was applied was the death penalty. The court
affirmed the case, due to the fact of the child capital murder statute.
Because Ramos was seventeen at the time he was being questioned and because he was seventeen on the
date Rocque Aragon was murdered, we find that the Texas Code of Criminal Procedure governed the
taking of his statement. The court affirmed the judgment and found no error in the trial courts ruling.

10. Write no more than a three page memo double spaced explaining the capital murder child victim
statute in Texas and provide the Courts analysis and interpretation of its constitutionality.
The capital murder child victim statute in Texas is punishable by the death penalty, the United
States re-instituted this ruling in 1976 Gregg v. Georgia decision. Texas has injected inmates with
lethal poison more than any other state. The only other states that have the same rate of lethal
injection is California and Florida. Texas Department of Criminal Justice, houses the death row
inmates after they are transported from their counties, convicted and from there they are
administered. Capital punishment also known as the death penalty or death sentence is the legal
process that prisoners are put to death. Crimes that can result in the death penalty are commonly
known as capital crimes or offenses.
The statue in Texas, for the child victim covers a wide range of various abuses and child
mistreatment. This statue includes murder, manslaughter, sexual assault, kidnapping, abandoning,
or endangering. There are five sections to this statute clearly enacting the regulations that
constitute a child victim law. Anyone under the age of eighteen is considered a child, therefore this

statute applies only to those who are under age. Anyone who commits this crime can penalty be
convicted with the death penalty and since Texas is one of the few states that allows this, they will
most likely be lethally injected. The reason that Texas allows this punishment, can be argued. But,
ultimately it is because any crime that takes your life has to be a crime that is equally punishable.
For example if a man or woman rapes a child under the age of eighteen and then proceeds to kill
them in cold blood, that man or woman will be convicted of rape, first degree murder, and slapped
in the face with the death penalty. The crime that this person committed is one that is only
punishable with ones life.
Sexual abuse is a first degree felony in the state of Texas. Indecency with a child is in the Texas
penal code sub section 21.11 is a second degree with a child under seventeen. And a third degree
felony with a person who is three years older than the victim. Under the child abuse laws in Texas
has a strict policy of felony charges. This is related to the constitution because it protects individual
rights. However when committing a capital murder, the constitution speaks against the basic rights
that society members have. Killing an innocent infant that is defenseless, is taking your basic rights
and trying to commit a crime while still alleging that you have more rights than the child. This
shows the jury that you have intents that are selfish and you consider your life more highly than the
life that person took. In what world is taking another life better than saving one. This is why the
courts have the constitution it is the written word that protects societies upstanding members and to
punish the ones who commit capital crimes or just crimes in general.