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
...impose consecutive sentences. Does the Sixth Amendment require a jury trial solely because the aggregate possible sentence exceeds six months? Yes, because the total possible consecutive sentence controls in every case...
Citations: U.S. Const. amend. VI, Baldwin v. New York
A defendant shows that a distinctive community group makes up 25 percent of the county but only 5 percent of jury pools because the county draws names only from homeowners. The state offers no adequate justification....
Citations: Duren v. Missouri
A statute sets a maximum sentence of five years for an offense. If the victim was selected because of religion, the maximum becomes ten years and a three-year mandatory minimum applies. After a jury convicts on the of...
Citations: Apprendi v. New Jersey, Alleyne v. United States
...e and says he will kill me." Police arrive and arrest the husband. At trial for assault, the caller refuses to testify. The prosecution offers the 911 statement. Which is the best Confrontation Clause analysis? The state...
Citations: Crawford v. Washington, Davis v. Washington
...mistaken identity. A neighbor tells defense counsel on the morning of trial that she saw a different person climbing out of the window. Defense counsel immediately discloses the witness. The judge excludes the neighbor b...
Citations: U.S. Const. amend. VI, Washington v. Texas, Taylor v. Illinois, In re Winship
...n be fair. Marco is convicted. Analyze Marco's Sixth Amendment public-trial and impartial-jury arguments on appeal. This essay tests public-trial closure and juror impartiality. U.S. Const. amend. VI, Waller v. Georgia...
Citations: U.S. Const. amend. VI, Waller v. Georgia, Presley v. Georgia
...ina objects after the second continuance and files two written speedy-trial motions. During the delay, the store clerk who would have testified that the robber was taller than Nina moves overseas and cannot be located. T...
Citations: U.S. Const. amend. VI, Barker v. Wingo, Strunk v. United States
...sult turns on which fact the governing rule makes controlling. Before trial or judgment, the defendant asks the court to limit the prosecution's case or alter the charge; the prosecution argues that the challenged fact d...
Citations: Model Penal Code and common law criminal-law principles
...analysis? 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
...analysis? 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
...analysis? 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
...accurate? 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
...her argues that the practice was unreasonable in this setting. Before trial or judgment, the defendant asks the court to limit the prosecution's case or alter the charge; the prosecution argues that the challenged fact d...
Citations: Model Penal Code and common law criminal-law principles
...y to rule? 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
...ly result? 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
...stion about preservation, waiver, reliance, or reasonableness. Before trial or judgment, the defendant asks the court to limit the prosecution's case or alter the charge; the prosecution argues that the challenged fact d...
Citations: Model Penal Code and common law criminal-law principles
...analysis? 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
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