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1994 Criminal Law

1994 Criminal Law - EXAM NO CRIMINAL LAW Section A Final...

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Final Examination December 22, 1994 EXAM NO. CRIMINAL LAW Section A 2% Hours 9:OO-11:30 THIS EXAMINATION MUST BE RETURNED WITH YOUR BLUEBOOKS 'Bad dog!' OPEN BOOK Instructions The three problems are of equal weight in grading. Budget your time accordingly. Answer all the questions reasonably raised in each problem even thouqh your resolution of a Qrior issue in the same Qroblem may technically make decision of the other issues immaterial. If you believe that you need more facts than are presented to adequately resolve an issue, indicate specifically what facts you believe you need and why. Specific citations to cases are welcome but not as a substitute for thinking, i.e. do not use case citations instead of clearly stating the relevant point of law.
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CRIMINAL LAW 5 A -2- EXAM NO. On December 10, 1990, at approximately 2:OO a.m., Steven MacDonald and Ed Brown, both employed by Credit Casualty Recovery Company, attempted to repossess Robert Willner's 1983 Chevy Crew Cab pickup truck which was parked in Willnerls driveway. Brown gained entry to the pickup truck, started it without the ignition key, and backed it from Willnerls driveway while MacDonald watched him from his tow truck parked several houses away. MacDonald has told the police that shortly thereafter he heard two loud "popsN and, alarmed, immediately drove his vehicle towards the pickup truck. As he pulled close to the pickup, MacDonald saw a man--later identified as WilTner--clad only in green underwear and standing about three to five feet in front of the pickup truck with an automatic pistol in his hand. Willnerls arm was extended and the pistol was pointed at the truck. MacDonald further saw that Brown was slumped over in the driver's seat of the pickup truck. When Willner saw MacDonald, he fired one shot in his direction which went well over the top of his tow truck. MacDonald drove away immediately and radioed the police. Willner was caught and arrested and told the police that he ran from his house with his semiautomatic weapon in his hand in the belief that his pickup truck was being stolen. He added that, during this short time span, no thought had entered his mind about repossession. Willner admitted that he had shot and killed Brown, but claimed that Brown drove the truck toward him immediately before the shooting and he responded by running
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1994 Criminal Law - EXAM NO CRIMINAL LAW Section A Final...

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