At his state robbery trial, Able was permitted to proceed pr…
At his state robbery trial, Able was permitted to proceed pro se, but the trial court appointed standby counsel with the agreement of Able to assist him. Before and during the trial, Able frequently changed his mind regarding the standby counsel’s role, objecting to counsel’s participation on some occasions but agreeing to it on other occasions. The incidents Able complained of occurred outside of the presence of the jury. Following his conviction, Able claimed that standby counsel’s conduct deprived him of his right to present his own defense, as guaranteed by Faretta v. California.In reviewing the case a court is most likely to:
Read DetailsBen is suspected of an armed robbery of a liquor store. Whil…
Ben is suspected of an armed robbery of a liquor store. While committing the crime he parked his van in a dirt lot next to the store. When the police inspected the crime scene they noticed paint marks on a post near the driveway of the lot. Ben later parked his van in a public parking lot about a mile from the scene of the crime. Based on a witness description of the get-away-car the police spotted Ben’s van in the parking lot. They take a small paint sample from the van and match the tire tread with tracks at the crime scene. Is this a violation of the Fourth Amendment?
Read DetailsAnswer questions 28-29 below based upon the following facts:…
Answer questions 28-29 below based upon the following facts: After Able was arrested in connection with a breaking and entering, the police obtained evidence suggesting that he might be responsible for the murder of a woman earlier that year. That same evening, unknown to Able, his sister, who was unaware that Able was then under suspicion for murder, telephoned the Public Defender’s Office to obtain legal assistance for her brother on the burglary charge. At 8:15 p.m., an Assistant Public Defender telephoned the police and stated that she would act as Able’s counsel if the police intended to question him and was informed that he would not be questioned further until the next day. The attorney was not informed that Able was a murder suspect. Less than an hour later, the police began a series of interviews with Able, giving him Miranda warnings before each session and obtaining three signed waivers from him prior to eliciting three signed statements admitting to the murder. At all relevant times Able was unaware of his sister’s efforts to retain counsel and of the attorney’s telephone call, but at no time did he request an attorney. If Able’s attorney seeks to have the signed statements made by Able excluded a court is most likely to:
Read DetailsPorter owned an expensive house in a desirable area. He deci…
Porter owned an expensive house in a desirable area. He decided to sell the house, put most of the things he wanted to keep in storage, and go on a year-long cruise around the world. This decision was made in January. Reserving a spot on the cruise required a non-refundable downpayment of $100,000. The downpayment had to be made by May 1st and the cruise left on June 1st. Payment in full of the $900,000 balance was due by May 20th. This cruise line only started one of these voyages each year. If he missed it, Porter would need to get someplace else to live and wait till next year. Porter hoped he could sell his home quickly. Duncan was shown Porter’s house on April 2nd and again on April 4th. On April 5th Duncan submitted an offer in the form of a five-page standard real estate purchase contract. Duncan offered $2 million dollars cash with a downpayment of $20,000. The contract described the downpayment as “earnest money” and “liquidated damages.” Porter thought the house was worth more than $2 million, but Porter was in a hurry to make his cruise deadlines, so he accepted. Duncan paid the downpayment and arranged the inspections specified by the agreement. Each time Duncan had visited the house (at least five times before May 1st) Porter had told Duncan about his plans for the trip, the downpayment, and how he was going to use the proceeds from the house sale to make the final payment on his cruise. In fact Porter had written a new clause on the contract saying “time is of the essence in this contract because Seller needs the proceeds to pay for a cruise before May 5th or he will lose his 100k downpayment.” During the termite inspection Duncan saw a numbered print that Porter had hanging in the dining room. Duncan offered $600 for the print and Porter accepted. Duncan wrote out a check and handed it to Porter. Duncan said “you can leave it right there. That is where I will keep it when I move in.” Escrow was scheduled to close the purchase on May 6th, 20 days after the contract was signed by both parties. On May 1st Porter made the non-refundable downpayment for the cruise. On May 4th Duncan announced he had found another home he preferred and was not going to close escrow on Porter’s home. Duncan requester the return of the deposit. Porter had just made the non-refundable deposit for the cruise, and now the house would not close to give him the money for the impending final payment on the cruise. Porter kept marketing the house, but no buyer appeared in time. Porter lost his cruise $100,000 downpayment and would need to delay going on the trip till next year. In June Porter was able to find a buyer and sold the house for $2.5 million dollars. As both Porter and Duncan want the $20k downpayment Duncan made on Porter’s house the down payment is still with the escrow company, which awaits an agreement or a court order. Duncan wrote a letter demanding the numbered print be delivered to him. Discuss the possible lawsuit between Porter and Duncan, including all possible measures of damage. Do NOT discuss any action against the cruise line.
Read DetailsIn the preceding question, suppose that at the end of the co…
In the preceding question, suppose that at the end of the conversation, Bob had said, Absolutely, I can guarantee you that we’ll buy all our hot-rolled steel from you for the next three months. That will be at least 300 metric tons a month. Sarah responded, Fantastic, it’s a deal.
Read DetailsBest Bearings Inc. is in the business of selling ball bearin…
Best Bearings Inc. is in the business of selling ball bearings. It needed some new furniture for its executive offices, and its present went to Standard Supply Co., where she looked around and noted what pieces she liked. After thinking about which items to choose, she had the purchasing department send a purchase order for specific model numbers. A week later, Standard Supply Co. delivered the specified furniture, except for one piece: because Standard was out of teak credenzas, it sent a cherry one instead. Standard sent an invoice a week after delivering the furniture, stating the appropriate (lower) price for the cherry credenza. You may assume for this and the following questions that the forms do not say anything relevant aside from what you have been told.
Read DetailsAble was the victim of an aggravated assault. Ben was arrest…
Able was the victim of an aggravated assault. Ben was arrested for the crime. Carl witnessed the assault. Ben is charged by means of an information filed by the local district attorney’s office. Ben is placed in a lineup with three other men. Carl is on the other side of the glass with no one else present other than the police officer who is directing the lineup. Carl identifies Ben as the assailant. Carl went to high school and was on the track team with Ben. During the trial Carl is asked to identify Able’s assailant and he identifies Ben. Ben’s lawyer objects to the in-court identification procedure.The court is most likely to hold.
Read Details