Procedures, R.O.E, Objections
This statement is false because...
"Bailiffs, aka Timekeepers, are non-competing team members that keep track of time. Bailiffs keep the time of their own team, unless there is only one bailiff, in which case that one bailiff will time keep for both teams. The bailiff for the defense is in charge of calling a case and swearing in witnesses."
What is...bailiffs keep the time of the OTHER team
What is...the bailiff for the prosecution/plaintiff is in charge of calling a case.
Bias can play a huge part in the credibility of a witness. Identify one witness from each side and explain how their testimony may be biased. How could you prove this on the cross examinations of these witnesses?
Review the text messages between Luna and Lopez and pay attention to the dates. Then, take a look at the dates the Instagram posts were made. Specifically, notice the day of the last text and the day of the first post. How does this impact either case?
The texts stop at the 26th, the same day the first post is made. It appears as though Luna has the last word, in which they emphasize the importance of sticking to the facts.
Which of the 4 cases was heard by a state court? What, if any, relevance does the year the case was heard have with formulating an argument?
Schiff v State (2022)
Traditionally, character evidence is not admissible to prove that a person acted according to that evidence on a specific occasion. However, there are exceptions to this for criminal cases. Find the rule number AND interpret the exceptions within the context of this case.
What is Rule 404
Evidence of a person's character or trait can be admissible to prove motive, opportunity, intent, plan, or knowledge.
Evidence of character can also be used to show a pertinent trait, or a trait that relates directly to an element of a charge or a defense to said charge.
There is a distinct contradiction within the affidavits of Dana Luna and Andre(a) Luna that is harmful to the defense. Find the contradiction and explain how the prosecution can use this contradiction to aid their case.
Dana Luna: 73-74
Andre(a) Luna: 31-32
The prompts used to generate the Instagram posts are present in Detective Ali's affidavit. Look at them and identify an argument both the defense and the prosecution could use to aid their case based on the wording of the prompts.
Defense example: "Cartoon image' could indicate civility and lack of malicious intent
Prosecution example: "Smashing the lobster, boiling the lobster, etc." indicate violence and could be used to show true threats.
What applicable jury instructions can the prosecution use to prove that Dana Luna is guilty even if Lopez was allegedly the only one in charge of the Instagram?
Accomplice Liability
* How can the prosecution prove Dana Luna had intent?
Witnesses are required to stick to facts contained within the casebook to the best of their ability. If a witness fails to do so, they may be impeached on the basis of contradiction or omission. Differentiate the two improper inventions of fact AND identify when a witness can introduce a fact not in the casebook without being impeached.
Contradiction: A witness makes testimony that is contradicting to their affidavit.
Omission: A witness makes testimony that is not present or reasonably inferred from their affidavit.
Witnesses may introduce facts not in the casebook to establish background, or more specifically, when the facts do not affect the merits of the case.
Read the first message sent by Lopez in exhibit 8A. Now, go to Lopez' affidavit and find where they talk about social media advertising with Luna. There seems to be a stark contradiction. What is it? How can the defense use it? What defense can the prosecution use?
Lopez: 38-42
Luna: 81-82 might be worth looking at too
Identify the affidavits, exhibits, and interviews reviewed/conducted by each of the expert witnesses. Is there a disparity between the two? If so, how does it help/hurt their case?
Ali: 86 (Interviewed Danielle), 157 (Interviewed Lopez), 101 (Exhibits 6-7), 185 (Text msgs)
Marshall: 103-104 (Reviewed all affidavits and all exhibits)
What is the burden of proof the prosecution must meet in order for Dana Luna to be convicted? How does the casebook describe this burden? What do you think it means?
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