...ese facts? Correct. The answer should identify the governing rule for Trial Rights and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest coun...
Citations: Model Penal Code and common law criminal-law principles
...ese facts? Correct. The answer should identify the governing rule for Trial Rights and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest coun...
After indictment, a defendant waits 14 months for trial. Six months are due to a missing prosecution witness, four months to the prosecutor's negligent failure to subpoena lab records, and four months to defense-requeste...
Citations: Barker v. Wingo
At a drug trial, the prosecution offers a signed laboratory certificate stating that seized powder was cocaine. The certificate was prepared for trial. The analyst does not testify; instead, a supervisor who did not perf...
Citations: Melendez-Diaz v. Massachusetts, Bullcoming v. New Mexico
At a felony trial, the judge requires the defendant to sit before the jury in visible shackles because "all defendants in this courtroom are restrained." The defendant remains quiet and does not threaten anyone. The judg...
Citations: Illinois v. Allen, Deck v. Missouri
During voir dire in a robbery trial, the judge excludes all spectators because the courtroom is crowded and states only, "We need the seats for jurors." Defense counsel objects and suggests letting one relative from each...
Citations: Waller v. Georgia, Presley v. Georgia
In a murder trial requiring proof that the defendant intended to kill, the judge instructs: "A person intends the ordinary consequences of his voluntary acts, and the defendant must prove he did not intend those conseque...
Citations: In re Winship, Sandstrom v. Montana
Olive is charged with poisoning a coworker. At trial, the prosecution offers three items without calling the declarants. First, a 911 recording in which the coworker, gasping and still in the office, says, "Olive handed...
Citations: U.S. Const. amend. VI, Crawford v. Washington, Davis v. Washington, Melendez-Diaz v. Massachusetts
On the second day of trial, defense counsel learns for the first time that a bystander saw someone else commit the charged assault. Counsel immediately discloses the witness and asks to call her. The prosecutor requests...
Citations: Washington v. Texas, Taylor v. Illinois
In a products-liability trial, Plaintiff offers four exhibits without live foundation testimony: a certified copy of a county inspection report bearing the county seal and clerk's signature; a page from the manufacturer'...
Citations: Federal Rule of Evidence 902, Federal Rule of Evidence 902(11), Federal Rule of Evidence 902(13), Federal Rule of Evidence 902(14)
At the end of a federal civil trial, the judge declined to give the defendant's requested jury instruction. The defendant did not object on the record after the instructions were settled. The jury returned a verdict for...
Citations: Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered graphic proof with modest probative value and serious prejudice risk. Anothe...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A prosecutor offered a prior incident to prove intent but argued propensity in substance. An...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A prosecutor offered a prior incident to prove intent but argued propensity in substance. An...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered a text message to prove both notice and the truth of the matter asserted. An...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A witness offered an opinion based partly on observation and partly on specialized training...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A witness offered an opinion based partly on observation and partly on specialized training...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party asked the court to notice a disputed fact from an online source. Another actor chang...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered screenshots and testimony after the original file was deleted. Another actor...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A witness offered an opinion based partly on observation and partly on specialized training...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered a text message to prove both notice and the truth of the matter asserted. An...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered screenshots and testimony after the original file was deleted. Another actor...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A witness offered an opinion based partly on observation and partly on specialized training...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A client forwarded legal advice to a business partner before litigation. Another actor chang...
Citations: Federal Rules of Evidence
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