Appeal Facts
What's a phrase Foreman said in his video interrogation?
He was going to get me, he was after me, he had a knife, he followed me, he said he was going to make me pay
Describe issue 1 from the perspective of the STATE
Video Interrogation was admissible
Describe Issue 2 from the perspective of the DEFENSE
Omission of Marcia Dearborn's testimony was prejudicial and constituted harmful, reversible error
Five words that begin your oral argument
What is "May it Please the Court"?
Attorneys refer to the judges as....
Your Honor
You shot Mr. Silverman for no good reason, you didn't see a knife that night at all, did you?, quit making excuses, you were sick of being bullied, you shot him twice
(Concisely) Summarize the facts of People v. Hardimon
Def. convicted 1st deg murder, 4 hr Police video (1 hr admitted), R&R
(Concisely) Summarize the facts of People v. Hanson
Hanson shot Whitehurst, R&R, many witnesses to testify about Whitehurst's violent actions
Explain the difference between probative and prejudicial evidence
Probative -- serves to prove a fact
Prejudicial -- risk of biasing the jury unfairly
Define relevant evidence
Evidence that tends to make a fact more or less probable to be true
What WAS admitted from M. Dearborn's testimony?
The incident 1 week before Silverman was killed
Find one piece of rule of law helpful to DEFENSE
Explain your answer to win points :)
Find one piece of rule of law helpful to STATE
Explain your answer to win pts :)
What is propensity?
A tendency
What is harmful error?
Error that influenced the outcome of the trial (constitutes reverse and remand)
Foreman was sentenced to...
What is life imprisonment?
Explain why People v. Keys was affirmed. Cite 1 piece of rule of law.
Evidence against Keys was overwhelming, statements by officers "were helpful and useful in explaining defendant's complete lack of affect," for video to be prejudicial: "reasonable probability that [...] the result of the proceeding would have been different" etc.
What is the test for admitting witness testimony concerning violence by the victim?
1. To prove defendant's state of mind (defendant must know of this event at the time of the incident) 2. to prove the victim was the aggressor (defendant need not know about the incident)
Definition of in limine
before the trial
Who has the burden of proof (in appellate court)?
Prosecution/State!
The name of the judge in the case at bar
What is Judge C. Brant Brown?
Describe a similarity between McCallum and the case at bar
explain your answer to earn points :)
Describe a difference between People v. Cruzado and the case at bar
Explain your answer to earn points :)
What does prima facie mean?
Accepted as correct and true until proven otherwise
What does arguendo mean?
For the sake of the argument, hypothetically