Category: Uncategorized

Chris is on trial for robbing a shopping center kiosk.  Three days before his trial is set to begin, the shopping center security guard — who would have been a key eyewitness against Chris – was killed in a suspicious hit-and-run accident.  The prosecutor now wishes to admit the security guard’s grand jury testimony against Chris at trial, arguing that “the government suspects the defendant’s involvement in the death of the security guard.”  Is this permissible?

Lee is on trial for murder. The victim in the case was shot in the back of the head, and the killer took the body to a farm in the country and buried it between two trees next to an old barn. Lee’s defense is that the killing was carried out by another man, Howard, who committed suicide the day after the shooting. There is no evidence that Howard and Lee know each other; thus, if Howard committed the crime, Lee is innocent. At Lee’s trial, the defense attorney called Sam, a local bartender, who testified that the day after the shooting, Howard said to the bartender, “There’s a surprise waiting for the police underground between the two trees next to the old Fujimoto barn.” The bartender said he thought that Howard was joking until the body was found in that location three weeks later.  Is this evidence admissible? 

The United States prosecuted the mayor and several town council members of Las Vegas, Nevada, claiming that they defrauded the town of more than $10 million. At trial, the defendants offered minutes from a town council meeting held several months after the fraud became public. According to these minutes, no payments had been made to the organization accused of perpetrating fraud. The mayor presided over this meeting, and several other defendants were present as council members. Are the minutes admissible as public records?

Same facts as #1. Midori seeks to introduce in her case-in-chief evidence that she is a decades’ long, award-winning member of the Society for Prevention of Cruelty to Animals’ “Most Humane Pet Mom.”  The prosecution objects.  What is the strongest basis for the objection? 

The government charged Natia with kidnapping a one-week-old infant. The infant’s mother testifies at length about the kidnapping and identifies Natia as the culprit. The government then asks the mother to bring the kidnapped infant into the courtroom for one minute and have the mother identify her child. Defense counsel objects, offering to stipulate to the infant’s identity. Is the prosecution’s proffered evidence proper?

Testing philosophy suggests which of the following?

Which of the following is likely to be inadmissible expert testimony? 

Prosecution of D for murder. D signed a plea agreement that called for D to plead guilty to manslaughter and give a written statement detailing her involvement. The agreement stated that if D’s statement contains a lie, the prosecution could void the agreement, reinstate the murder charge, and use D’s statement at trial. D gave an untruthful statement minimizing her involvement. The prosecution voided the agreement and takes D to trial. At trial, D testified that she was completely innocent. The prosecution wishes to use D’s statement to impeach her credibility. D objects. The court should:

Same facts as #1. The government seeks to introduce evidence that, two years earlier, Midori’s dog attacked and killed a dozen domesticated chickens, kept by Midori’s neighbor for egg production. Defense counsel objects. What is the strongest basis for the objection?

A program is not considered finished until when?