actually innocent actual innocence by itself is an insufficient basis to

Actually innocent actual innocence by itself is an

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actually innocent, actual innocence, by itself, is an insufficient basis to warrant a jury finding of malicious prosecution. At trial, the County expected to call confidential informant “X” as a witness. However, as a result of a serious motor vehicle accident, “X” is in a coma and is unable to testify. Witnesses for the plaintiff: R OBIN B ERKMAN Plaintiff K ELLY C ONNOLLY Robin Berkman's Half-Sibling D R . R ANDY C ORBETT Psychologist and Police Investigative Technique Expert Witnesses for the defendant: D ETECTIVE L ESLIE S MITH S AM P ERKINS New York State Police Polygraph Examiner D R . L EE T RIMBLE Former Police Captain, Expert Witness Regarding Police Investigative Techniques .
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2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 56 This page intentionally left blank.
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2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 57-R2 LIST OF STIPULATIONS 1. All witness statements are deemed sworn or affirmed, and duly notarized. 2. All items of evidence are originals and eligible for use during the match, following proper procedure for identification and submission. 3. Any enactment of this case is conducted after the named dates in the Case Summary and the witness affidavits. (Please note that the Case Summary is provided solely for the convenience of the participants in the Mock Trial Tournament. Said summary itself does not constitute evidence and may not be introduced at the trial or used for impeachment purposes). 4. Robin Carmichael is the same gender, the same race, and the approximate weight and height of the participant playing the role of Robin Berkman. (For example, if the participant playing Berkman is female, Carmichael is to be referenced as female.) 5. No other stipulations shall be made between the plaintiff/prosecution and the defense, except as to the admissibility of evidentiary exhibits provided herein. 6. Robin Berkman was in prison from 2013 until 2016, when the conviction was vacated on grounds of actual innocence. 7. Robin Carmichael is unavailable to attend trial or testify, because Robin Carmichael has contracted and is recuperating from a highly contagious super- infection resistant to all antibiotics, and must be kept under strict quarantine in prison. Carmichael became ill two weeks prior to the start of this trial. 8. The County of Dover originally asserted a defense of qualified immunity in its Answer, but Plaintiff has successfully moved to strike this defense, and the County may not assert a qualified immunity defense at trial.
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2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 59-R1 AFFIDAVIT OF ROBIN BERKMAN 1. My name is Robin Berkman. I was born on March 8, 1992. I have lived my entire life at 412 East Broadway, Apartment 2D, Town of Wilmington, in the County of Dover. I live in the apartment with my mother Ann and my half-sibling Kelly Connolly, who is now 15 years old.
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  • Spring '17
  • mrs callman
  • Test, The Land, attorney, Mock Trial Subcommittee

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