Professor Franks
Final Examination, Fall 2009
| 1. | Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully. |
| 2. | State the issues and answers to each question concisely. Lengthy answers are not necessary. |
| 3. | Do not repeat questions in your answers. Write neatly and legibly on only one side of each page. |
| 4. | Number your answers to correspond with the question, e.g., "II-B." |
| 5. | If you feel it necessary to assume additional facts in any of the questions, give the facts that must be added and state why. |
| 6. | Do not write in the margin of the book. |
| 7. | All major questions are equally weighted unless otherwise indicated. Subparts are approximately equal but may be weighted slightly differently according to the number of issues involved in that subpart. |
| 8. | Write your personal identification number and the name and section number of the course on which you are being examined on the cover of each examination book. |
| 9. | If you use more than one book, indicate "Book One," "Book Two" and so forth on the cover of each book and write your PIN and the name and section number of the course on the cover of each examination book. |
| 10. | A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER. |
| I-A. | With two prior convictions for drug distribution, Robert is arrested for yet
another sale of drugs, this time a kilo of cocaine he "sold" to an undercover
state police officer. His attorney, L. S. Yew, files a motion in limine
to prevent the prosecutor from using his client's prior convictions to impeach
him in the event
he takes the stand. The motion is denied, and Robert elects not to testify.
At trial, the prosecutor calls witnesses who saw prior incidents of Robert dealing drugs. They are allowed to testify over defense objection. The jury convicts. Three days after the trial, the judge receives a letter from a juror telling that the jury violated the court's instructions not to consider the failure of the defendant to testify. The defense moves for a new trial based on juror misconduct. The judge refuses to allow the juror to testify and refuses to receive the letter into evidence. What errors would you anticipate Mr. Yew would claim on appeal? Discuss each point fully, and then decide each point. |
| II-A. | The definition of hearsay in Article 801(D) specifically excludes some statements which are simply defined as being nonhearsay. Please list those statements. Use a separate line or short paragraph for each item and limit your reply to no more than one sentence per item on the list. Lengthy discussion is neither needed nor desired. |
| II-B. | Please explain the difference between present memory refreshed and past recollection recorded. |
| II-C. | Please explain what is meant by the term "verbal act." Discuss. |
| III-A. | Name one case and no more relevant to the issue of when one may or may not tape record a telephone conversation, and give the name of the case, the facts of the case and the holding. |
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