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2010 Fall Burkoff CL

2010 Fall Burkoff CL - EXAM NO CRIMINAL LAW Section C Final...

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EXAM NO. ________ CRIMINAL LAW Section C Final Examination 3 Hours December 13, 2010 1:00-4:00 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. I. (60 minutes) Reginald Johnson was at work on August 20, 2007, when his colleague, Eddie Porter, told him that Johnson needed to talk to Amy Whiteman, Johnson’s common-law wife. Johnson, suspicious that Whiteman might be cheating on him, asked Porter if Whiteman was “stepping out” on him. Porter confirmed Johnson’s suspicions and provided Johnson with a name: Anthony. Johnson called Whiteman, and asked that she meet with him in a nearby parking lot. Johnson confronted Whiteman, and she told him that Anthony was “just a friend.” Johnson did
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CRIMINAL LAW § C -2- EXAM NO. ________ not believe her and demanded that she give him back his truck and move out of their house. Whiteman suggested they go home and talk, but instead they went to see her therapist. They arrived at the therapist’s office only to discover she was unavailable, and again began discussing their situation in the office parking lot. Johnson again asked Whiteman about Anthony, and she continued to deny that he was anything more than a friend. Johnson told her to give him her car keys and cell phone because both belonged to him. He then told her that he would have her belongings waiting for her in the front yard, “so there was no reason for her to come in the house.” Johnson then left in the truck Whiteman had been driving. Whiteman called her friend Lisa Sandoval to pick her up and take her home. Johnson arrived home, took some sedatives he had on hand, and then started moving Whiteman’s clothes into the front yard. As he was doing so he noticed a rose and a card he had given to Whiteman the day before. “At that point,” Johnson testified, he “didn’t want to live any more.” Johnson, who suffered from depression and had previously attempted suicide, called his therapist, Linda Noll, and briefly told her what had happened and asked her what he should do. “It’s time to finally make a break, Reggie,” she advised him, “you can’t keep going on like this. Do something dramatic. Take control of your life. Amy is history. Do what you have to do. Be done with her.” Johnson then retrieved his shotgun, planning on doing something dramatic by committing suicide. Noticing Sandoval’s car arrive in front of the house, however, he instead put the gun in the closet by the front door and went out to the front yard.
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