Pаrt II: ESSAY QUESTIONS (ONE HOUR EACH) Essаy 1 In а criminal trial in federal district cоurt cоncerning a cоmplicated mortgage fraud scheme, the defense attorney announced to the court that the defendant would testify in his own defense. Prior to his testimony, however, the defense intended to call a witness named Shirley to testify about the defendant’s character. During Shirley’s testimony, she explained that she worked with the defendant at a mortgage processing company for several years. According to Shirley, she saw the defendant stop several of their co-workers from submitting loans with income verification information that their co-workers had created. Shirley also testified that the defendant has an outstanding reputation for fair dealing. On cross, the prosecutor began to ask about a specific incident with a co-worker named Sid. According to the prosecutor’s question, the defendant knew that Sid fabricated income verification information and did not object when Sid submitted the loan to underwriting. In response to an objection and motion to strike by defense counsel, the court sustained the objection. 1. Did the court properly allow Shirley’s testimony? 2. Did the court properly grant defense counsel’s objection? Answer according to federal law.
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