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A Time to (Almost) Kill
Legally Blonde Docs
My Cousin Charley
Battle of the Experts
Objectifying Witnesses
100
The reason Morgan Jones went to Kerry's apartment on July 16th.
What is Jones was concerned that Kerry had bought/taken more Everest, and one pill is always enough.
100
When was Dylan Hendricks indicted for the attempted murder of KBL? And why does it matter for which one of our P witnesses?
IT DOESNT SAY ON THE INDICTMENT. This means that if a team tries to impeach Nichols by saying Hendricks wasn't indicted yet when he held her for 4 days, Nichols can't get caught in a contradiction if he says that she was indicted on the monday after the crime.
100
How many people does Charley Waters see in the alley behind the Jaywood building between when he/she begins playing and when the police show up?
Kerry and Dylan. The only two he SEES.
100
What tests did Dr. Smith perform to determine where Dylan was?
Tender app, GPS monitoring, cell phone data, wifi connectivity.
100
WHAT IS THE RULE FOR SELF-AUTHENTICATING DOCUMENTS
NINE OH TWO ELEVEN Think of it as 90210+1
200
What does Kerry Bell-Leon say about the extension cord in her apartment, and why is it important to our defense theory?
She noticed it on the ground when she came to, and she didn't touch it. Important because Sikorsky finds Kerry's prints on it, points to her strangling herself.
200
What is/are the element(s) of attempted murder that the state must prove at trial, and where do we find those elements?
That DH engaged in conduct that, if completed, would cause death of another, and that DH did so purposely or knowingly. In the jury instructions for the cleanest look at it.
200
If I were a defense attorney whose theory was Mickey did it, what would my strongest point be on Waters?
Waters doesn't see Mickey LEAVE.
200
Does Reeves know exactly how much everest KBL took? Defend your statement.
Both yes and no are acceptable depending on how you defend them.
200
Defense objects to Bailey's testimony about Dylan taking photo of the calendar because it is more prejudicial than probative. Response, counselor?
Articulate test, then describe probative value.
300
What does Bailey Bell-Leon tell us about the doors/keys to the apartment building?
1. The same key that opens the apartment opens the door to the outside. 2. the door under the maroon awning swings closed and locks automatically.
300
What was the objection the defense raised about gun shot residue pre-trial? How did the court rule?
403, because there is no evidence to tie GSR to crime accused of here, no mention of GSR in trial UNLESS D opens door by talking about lack of GSR in their case.
300
Prosecution goes to enter the gun receipt on Waters. Defense objects to lack of authentication. Where should prosecution point the judge to and why?
Stipulation # 13. Talks about cashier authenticating the receipt.
300
Can Nichols be tendered as an expert? Why/Why not?
Yes and no.
300
The judge doesn't like state v. Owens. What do we do?
804-b-3: statement against interest, or 803(3).
400
If I am a defense attorney and my theory is that Dylan Hendricks could not have been at the scene at the time of the attack, what do I cross Detective Nichols on?
1. Waters' statement that he followed attacker out of building and food truck was already gone. 2. Times of Nichols' drives to and from scene and Dylan's house.
400
What does State v. Sarobe say?
Per State v. Monarch, the State’s burden of proving its case beyond a reasonable doubt applies to each and every element of the crime charged. This burden, however, does not operate on the many subordinate, evidentiary, or incidental facts as distinguished from proof of the elements of the crime or of an ultimate fact. Where, however, the State relies in whole or in part on circumstantial evidence to prove an element of a crime, although each link in the chain of evidence to support it need not be proven beyond a reasonable doubt, the cumulative impact of that evidence must, in order to support that inference, convince the finder of fact beyond a reasonable doubt that the element has been proven.
400
Show on a map of the area where Charley Waters sets up during weekdays.
ITS AT THE COURTHOUSE
400
EVERYONE BUT IAN: Describe all the symptoms of Everest.
Mild Euphoria 6 mg/L Mild Nausea Headache Poor Motor Skills 9 mg/L Anxiety Paranoia Moderate Nausea 14 mg/L Incomplete Memory Encoding Limited Executive Functioning Slurred Speech Severe Nausea 25 mg/L Death
400
On the text messages, you argue 804-b-3. The judge asks you why she should rule that Carmen Bell-Leon is unavailable. Where should you point her to?
Stipulation #1.
500
How, if at all, should the direct or re-direct of Bailey Bell-Leon be altered if the defense is pursuing an alternate perpetrator theory, but does not make clear who they believe is the alternate perpetrator at this point in the trial? What, if anything, on defense's cross of bailey would make it clear who the defense claims the alt perp is?
On direct, talk about door swinging shut automatically--this gets rid of idea that someone could just walk in, has to have a key. If, on Cx, defense talks about the messages to other people, then we know they are likely blaming another lover or one of them. In that case, re-dx on timeline. If, on Cx, defense talks about Kerry's sadness about Carmen leaving but does not talk about other messages, they are likely blaming a drug dealer or customer. No need to re-dx on bailey but be ready on other witnesses.
500
What documents does the prosecution offer in the discovery requests in response to the defense's request for any potentially exculpatory or impeachment evidence pursuant to Brady v. Maryland?
The prosecution says that it believes it has no exonerating or impeachment evidence, but offers all witness affidavits and evidence obtained for defense to review.
500
Deliver the Charley Waters cross of whichever bench you are on.
Do it.
500
What are Det. Nichols' qualifications? And where do we find them
Relevant Experience: 1. Midlands State Police Academy 2. Midlands State Highway Patrol 3. Midlands City Police Department a. Vice and Narcotics Unit b. Homicide Detective Current and Relevant Training and Qualifications: 1. NHTSA training 2. Evidence preservation and collection 3. Witness Interrogation 4. Undercover officer safety and confidential informative handling 5. Computer and machine-based data collection and analysis The officer affirmation statement at the bottom of his report.
500
Make the arguments about the citation on hearsay grounds on both sides, and tell me who you think should win and why.
Make them.