2009_f_CL_burkoff - EXAM NO. _ CRIMINAL LAW Section B Final...

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EXAM NO. ________ CRIMINAL LAW Section B Final Examination 3 Hours December 10, 2009 9:00-12:00 THIS EXAMINATION MUST BE RETURNED WITH YOUR ANSWERS OPEN BOOK Instructions The three problems are of unequal 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 § B -2- EXAM NO. ________ I. (75 minutes) Consider the following description of the events which occurred last December in Beaumont, Texas, resulting in the shooting death of Justin Slider: “According to defendant Lonnie Brown, on the day in question, he drove his golf cart over to Justin Slider’s and Chasity Stone’s mobile home to talk to them about one of their pit bull dogs getting loose and chasing another resident of the mobile home park. At the time, Brown carried a handgun concealed in the waistband of his pants as was his habit. Brown had a concealed handgun permit and had been carrying a handgun for protection while on the premises of his mobile home and RV parks. Upon arriving at Slider’s and Stone’s home, Brown testified he was attacked by one of Slider’s pit bull dogs, bitten twice, and was forced to shoot the dog to end the attack. Seconds later, Stone exited the home, angrily grabbed Brown by the arms and shouted, ‘You son of a b* * * *, you shot my dog. You shot Precious. You shot my dog[.]’ Brown pushed Stone off him, at which point she turned her attention to the dog lying on the ground. “Shortly after that, Slider came ‘flying out of the trailer,’ and stated to Brown, ‘You shot my dog, you son of a b* * * *. You shot my dog. . . . I’m going to kill you. . . . You shot Precious. I’m going to kill you.’ Brown proceeded to describe his confrontation with Slider as follows: “[Brown:] [Slider] come flying out of the trailer, rushed out, and grabbed me and started hitting me in the head. When he come off that trailer, he had his fist back and he hit me. And I ducked down. I backed up, but there was a car there. I backed up against the car and I put my hands up – I had the gun – still had the gun in my hand. I put my hands up to keep him from hitting me in the face. And he hit me. I bent down and he hit me in the top of the head. It seemed like every time he hit me he was saying, ‘I’m going to kill you, you son of a b* * * *. You killed my dog. I’m going to kill you.’ “[Trial Counsel:] And so – I mean, he came at you like what? Describe that to the jury. “[Brown:]
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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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2009_f_CL_burkoff - EXAM NO. _ CRIMINAL LAW Section B Final...

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