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The Trigger List - Excerpt

Please note: This text is Copyright 2011 by Steven Harris.  Please do not copy or distribute.  Order the Trigger List here.

 

Crim/Crim Pro

NOTE: ISSUES ARE ON THE LEFT, TRIGGERS ARE ON THE RIGHT

Crim Winter 1996

Triggers:

Rape – call of the question – might Bill be convicted of rape

Accomplice – kidnap Vickie, insisted Art agree no harm would be inflicted on Vickie, wasn’t present and had no knowledge of the rape, Art convicted of prior sexual offense

Withdrawal – Bill immediately turned himself in to the police

Conspiracy – agreed; Art and Bill!

 

Murder cluster – dead person; call of the question (first and second degree murder)

Felony murder – kidnap (inherently dangerous felony)

 

5th A (Miranda) – Bill turned himself in

voluntary – Bill turned himself in

custody – NO – Bill turned himself in

interrogation – NO – Bill turned himself in

waiver – YES – Bill turned himself in.

 

6th – right to confront witnesses – Bill’s confession/call of the question – joint trial/if neither testifies.


Crim Winter 1995

Triggers:

1a. 4th, 5th, 6th – call of Q!

1b. 4th A – call of Q!

govt. conduct – Officer Jones

standing – D’s car, D in car

warrant – no warrant

search incident to lawful arrest – arrest, then search

auto search - auto

plain view – “under the seat”

1c. 6th and 14th A – call of Q!

1d. 5th A – call of Q!

2. 5th A – Miranda impeach – Miranda cluster!

 

Crim Winter 2003

Triggers:

  1. D’s motion

6th A – right to counsel

Due process – due process

Independent source – cluster with due process under crim pro

 

Evidence – inadmissible hearsay

Log rel – cluster – any time you talk about any evidence objection, always talk about log rel and leg rel!

Leg rel – see above!

Personal knowledge – officer heard W’s statement

Hearsay – hearsay

Excited utterance – Wes told the officer… at the courthouse (incident occurred in mountains)

Present sense impression – clusters with excited utterance

 

  1. D’s liability

Common law criminal homicide – dead guy – write up the murder cluster!

1st degree – cluster

2nd degree – cluster

Vol man – cluster

Invol man – cluster

 

Vol intoxication – ingested the drug

Invol intox – fearing that he would be abandoned and/OR in freezing temperatures and/OR many miles from the nearest town and/OR Don ingested the drug

 

All those insanity issues: appeared in neither student sample answer.

 

Crim Summer 1993

Triggers:

  1. Deft’s motion to exclude statements to Snitch

a. miranda

5th A – Miranda – call of the question

 

b. right to counsel

6th A – call of the question

 

c. involuntariness

14th A voluntariness – his statements were involuntary/call of the question

 

  1. D’s motion to exclude evidence

a. Officer’s initial observations of drug paraphernalia

4th A

Govt. conduct - cluster

Reasonable expectation of privacy- cluster

Warrant- cluster

Search incident to lawful arrest – front door/in a rear bedroom

Plain view – saw drug paraphernalia

Evanescent exception - drugs

 

b. search warrant

4th A

Govt. conduct- cluster

Reasonable expectation of privacy- cluster

Warrant- cluster

Warrant requirements – pursuant to the search warrant

Challenging probable cause - cluster

Good faith exception - cluster

 

Crim Winter 1999

Triggers:

  1. narcotics

4th A – suppress

Govt. conduct – agent

Reasonable expectation – d’s briefcase

Warrant – none mentioned

Stop and frisk – reasonable suspicion

Search incident to a lawful arrest – seized and squeezed briefcase, reached into the briefcase

 

  1. statement that D owned the car

Miranda – without Miranda warnings or waivers

Voluntariness – no indication of official compulsion

Custody – arrest

Interrogation – asked Deft if she owned an automobile

Waiver – without Miranda warnings or waivers

 

  1. handgun

4th A – suppress

Govt. conduct- agent

Reasonable expectation of privacy – her vehicle, concealed gun

Warrant – none mentioned

Consent – refused

Automobile exception – automobile

Plain view – I know that they wrote this up… very speculative. Concealed is the closest thing.

Inevitable discovery – seizure of the vehicle was the product of the illegal search of the briefcase

Inventory search – seizure of the vehicle was the product of the illegal search of the briefcase.

 

Crim Winter 1993

Triggers:

  1. attempted murder – motion, att. Murder

psych – psych, insanity

ineffective assistance – such review was available.

  1. insanity, diminished capacity – call of q!

    1. CLUSTER – M’Naughten, irresistible impulse, durham, ALI/MPC

  2. guilty plea – call of q!

    1. court – call of q

    2. L’s failure – plead guilty = time served

  3. denial of bail - Bail was denied.

    1. Psych – motion for psych denied

    2. Guilty plea – plead guilty = time served

 

Crim Summer 1992

Triggers:

1. A’s liability

Accomplice liability – Art hired C to protect B, and C killed man holding B

Conspiracy – no agreement to commit a crime – A hired C to protect B from assault.

Felony murder – murder while doing something illegal (transporting drugs)

 

2. P v. C

Defenses

Defense of others – C protecting person hired to protect from assault; killing someone is unreasonable though.

Crime prevention – deadly force used to prevent assault

Imperfect self-defense – C honestly believed B robbed, but killed man to defend him.

 

1st degree – what degree of murder

2nd degree – what degree of murder

Vol man – what degree of murder

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