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2006 Criminal Law

2006 Criminal Law - EXAM NO CRIMIN sectio LAW A3 Final...

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EXAM NO. CRIMIN LAW sectio& A3 Final Examination December 1 1,2006 TI-II E ATION 0 OPEN BOOK tiom The three problems are of uneaual weight in grading. Each is worth a point value proportionate to its suggested time. Budget 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 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 view.
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CRIMINAL LAW 55 A1 & A3 -2- EXAM NO. I. (45 minutes) Consider the following factual scenario: "Defendant, Tyrone McKee, and his girlfiend, Faye McBride, went to a club to celebrate Jefiey Hazzard's birthday, where they both drank heavily. McKee got into a fight outside of the club, and one of his punches landed on McBride's face. McBride told McKee that she did not want him to live in her apartment any longer, and that he would have to leave. She left the club with Hazzard and headed home. McKee was already there when McBride and Hazzard arrived. McBride began to put McKee's possessions on the fiont porch, and she asked him to return her key. "After awhile, Hazzard was able to calm McKee down; but McKee and McBride continued to argue. Soon, Marco Tilley drove up to wish Hazzard a happy birthday. Tilley told McKee to 'chill out' and McKee responded that Tilley should 'stay out of it.' An argument ensued and McKee told Tilly to go get his guns, adding that he (McKee) had his. McBride went into a back bedroom, yelling, 'Kill each other for all I care. Go ahead! Good riddance! ' "Tilley went to his vehicle and retrieved two handguns. He
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