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This assignment involves a detailed analysis of the case of mr. Walter pablo, a mexican national with no criminal or driving record, who was charged with a dui in shelby county, tennessee. The assignment requires addressing various legal issues, including mr. Pablo's constitutional rights, the role of ice, and the implications of the immigration and nationality act. Undergraduate students should answer questions 7, 9, 10, 12, and 15, while graduate students should answer all fifteen questions. The analysis should be supported by facts and appropriate legislation.
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Spring 2009, Thursday 5:30-8:30PM State of Tennessee v. Walter Pablo Assignment 4 – Due April 16 Case details: State of Tennessee v. Walter Pablo (No. W2007-02020-CCA-R3-CD), Court Criminal Appeals, Opinion by: David B. Hayes Background: In Shelby County, when an individual who has no criminal record gets charged with a DUI (driving under the influence), the standard procedure is to agree on a guilty plea with the prosecution. A DUI is a class A misdemeanor and carries a maximum sentence of 11 months 29 days in jail, plus costs and fines. Usually the defendant pleads guilty to the 11/29, gets credit for the time spent in jail, and the remainder of the sentence for the defendant is completed on probation. Depending on the judge, the defendant also pays the court costs, goes to driving safety school, alcohol safety classes, and might be required to attend a certain number of AA meetings. In this assignment, students will analyze the case of Mr. Walter Pablo, a Mexican national with no criminal or driving record. Mr. Pablo’s attorney, a veteran of the courts, followed the standard procedures. He worked out a plea deal with the prosecution. Shortly thereafter, Mr. Pablo and his attorney went to court for his client to introduce a guilty plea through the Spanish speaking interpreter. Then - things took a different turn. Each student will be provided a copy of the seven (7) page decision details the steps that led the judge to deny probation based on the fact that the defendant was an illegal alien. Assignment: Address the following questions and issues in complete detail. Undergraduates should do #7, #9, #10, #12, and #15 ONLY/. Graduate student should answer all fifteen. All questions should be answered in your analysis thoroughly. Feel free to cite: articles of the US Constitution, constitutional amendments, United States and TN Supreme Court decisions, treaties of the United States, executive agreements, state laws, municipal ordinances, the Bible, etc. Your analysis should be supported by facts and the appropriate legislation. Grammatical errors will be taken seriously and will affect your final grade. Analyze the following issues: