1983 Criminal Procedure - CRIMINAL LAW AND PROCEDURE...

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CRIMINAL LAW AND PROCEDURE SECTION B3 Final Examination May 9, 1983 Three Hours 9:OO-12:OO "And now I'd like to bring on a brand-new witness, with the brightest testimony you're likely to hew for quite some time. Shdr never been on the rtand before, JO let'$ give her a big, warm welcome." OPEN BOOK Instructions The three problems are of uneven weight in grading. Each is worth>t your time accordingly. Answer all the questions reasonably raised in each problem even though your resolution of a prior issue in the same problem may technically make decision of the other issues immaterial. If vou believe that vou need more facts than are resented to - adequately resolve an issue, indicate specific>lly what facts you believe you need and why.
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CRIMINAL LAW AND PROCEDURE 5 B3 PAGE 2 Specific citations to cases are welcome but not as a substitute for thinking, i.e. do not use citations instead of clearly stating the relevant point of law. I. (60 minutes) The Supreme Court of Nebraska described the facts before it in a recent case as follows: "At [a] suppression hearing, Gerard Ruiz, a Nebraska State Patrol officer, testified that on October 8, 1981, at about 3 a.m., he picked up the defendant [, Dennis Parsons] because he was walking on the Interstate. Defendant had been frantically waving to attract the officer's attention. Defendant told Ruiz that he had been riding in a car with Marvin Huntington, that he jumped out when Huntington said the car held four containers of marijuana, and that Huntington then tried to run over him. Defendant asked the officer to help him; Ruiz took him to the Lexington Police Department so he could sleep, and dispatched information on Huntington's car. The officer testified that, as a sleeper, defendant was locked in a cell so that he could not walk about the jail. He was not under arrest. "About 6 a.m., Huntington was found and brought to the police station, where the defendant briefly confronted Huntington about the attempt to 'run him over.' The officer testified appeared a fight might develop and the two were put in separate cells. "Bruce Haney, an investigator for the Nebraska State Patrol, testified that at about 9:20 a.m., he spoke with the defendant and at that time viewed him as the assumed victim. The subject matter of the interview was defendant's accusations against Huntington. After the interview, Haney, unsure if defendant was the victim or a suspect, told the defendant he must stay for further questions and returned him to his cell. Haney next interviewed Huntington, who denied having any marijuana and asked to talk to the defendant. Defendant was brought into the room and Huntington asked the defendant he had told Haney that there was marijuana in the car. Defendant said he had, and again accused Huntington of trying to run over him. When defendant had left, Huntington admitted he had marijuana in his car but said it belonged to the defendant.
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This note was uploaded on 01/17/2012 for the course LAW 5046 taught by Professor Johnburkoff during the Fall '11 term at Cornell University (Engineering School).

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1983 Criminal Procedure - CRIMINAL LAW AND PROCEDURE...

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