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Law
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Essay
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Topic:

Appeal for Jury Selection and the Pretrial and Trial Process

Essay Instructions:

please answer the following questions
Review the following fact pattern carefully:
Mr. Defendant (a black male) was put on trial by State X Prosecutor for alleged felony drug possession. Before trial, Mr. Defendant was approached by a police officer while Mr. Defendant walked down a sidewalk to the local grocery store in State X. The police officer stepped in front of Mr. Defendant and told Mr. Defendant not to take another step or God help him. Mr. Defendant asked the officer why the officer was stopping him. The officer stated that "something about your face just doesn't look right." Mr. Defendant told the officer that Mr. Defendant did not think that was a good enough reason to stop Mr. Defendant. The officer became enraged, threw Mr. Defendant to the ground, and searched Mr. Defendant. The officer found a small bag of cocaine on Mr. Defendant's body and arrested Mr. Defendant on the spot.
At trial, during voir dire, Mr. Prosecutor used peremptory and for-cause challenges to remove all black males from the jury. The final jury was eleven white people and one black person.
During the trial, Mr. Prosecutor gave an opening statement and asked the jury to put themselves in the officer's shoes in this case. Mr. Defendant's attorney did not object to this during the Prosecutor's Opening Statement.
Mr. Prosecutor--it was later discovered--also withheld discoverable evidence from Mr. Defendant's attorney, evidence that would have helped Mr. Defendant appear less guilty.
The State X Judge has sentenced Mr. Defendant to twelve years in prison and has entered a final judgment.
Mr. Defendant has hired you as his criminal appellate attorney. Answer the following questions for Mr. Defendant:
1.Is there anything to appeal regarding jury selection? If so, what and why? (5 points)
2.Is there anything to appeal regarding Mr. Prosecutor's Opening Statement? If so, what and why? Are there any complications to appealing? (5 points)
3.Can you explain--in great detail using legal standards--if we could appeal using the bag of cocaine as evidence in the trial? If so, why? (20 points)
4. Is there anything appealable about the withheld evidence in this case? If so, what and why? (5 points)
5. What court might we appeal to if this trial was held in the Federal District Court for the Eastern District of Tennessee? Why can we appeal to that court? (5 points)
Refer to the fact pattern from Essay Question 1. You represent Mr. Defendant (the Appellant party). Create a step-by-step guide to how the appellate process works. Start with "how and when to begin an appeal." End with the last possible option for appeal in a federal trial. You must discuss all steps in an appeal covered in CRIM 210.
1.Steps of the Process (25 points)
2.Discussing Opinions/Decisions (5 points)
3.Discussing jurisdiction (5 points)
4.Discussing panels/judges (5 points)
Refer to the fact pattern for Essay Questions 1 and 2. You represent Mr. Defendant. You took Mr. Defendant's case all the way to the United States Supreme Court, and the Supreme Court issued an opinion in your favor! The Supreme Court ordered the case be remanded to the District Court for a new trial.
Mr. Defendant loves you as his appellate attorney so much that he has hired you as his new defense attorney for the new trial. Similar to Question 2, draft a step-by-step memo for Mr. Defendant describing the Pre-trial and Trial Process. For the sake of this question, start with the Initial Hearing stage of pre-trial and trial procedures. End with describing how a trial comes to an official end. You will want to include the following:
1.Describe the steps of the pre-trial procedure, beginning with the initial hearing (10 points)
2.Describe the steps of the trial procedure, beginning with voir dire (10 points)
3.Discuss objections, special rules, and how questions are administered during the trial (10 points)
4.Ensure you discuss the judge and jury (5 points)
5.Discuss motion practice (5 points)
End by discussing your opinions and thoughts on Mr. Defendant's trial. Remember--"manage expectations." (10 points)

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Essay Question 1
From the facts provided, the prosecutor used peremptory and for-cause challenges to remove all black males from the jury. The action is an issue as it violates Mr. Defendant's rights under the Equal Protection Clause of the Fourteenth Amendment. In Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986), the Court held that the discriminatory use of peremptory challenges is unconstitutional.
In addition, the prosecutor’s opening statement has an issue. The prosecutor asked the jury to put themselves in the officer's shoes. The statement is a violation of the “Golden Rule” argument, Lawson v. State, 886 A.2d 876, 389 Md. 570 (2005), as the prosecutors asked the jury to decide the case based on personal identification with one of the parties rather than on the evidence. Notably, Mr. Defendant's attorney did not object to this statement during the trial, which may result in a waiver of this issue on appeal.
The use of cocaine as evidence in the trial can be appealed based on the Fourth Amendment. The Fourth Amendment protects individuals from unreasonable searches and seizures. In this case, the officer did not have reasonable suspicion or probable cause to stop and search Mr. Defendant. The officer's statement that "something about your face just doesn't look right" is not a valid reason for the stop. In Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968), the Court observed that the Fourth Amendment envisioned the protection of individuals from government intrusion wherever they expect that they will have privacy. The search and seizure of the cocaine may be deemed unconstitutional, and as a result, the evidence could be suppressed under the exclusionary rule established in Herring v. US, 555 U.S. 135, 129 S. Ct. 695, 172 L. Ed. 2d 496 (2009).
In addition, the prosecutor’s act of withholding discoverable evidence can be appealed. The Court expects the prosecution to disclose exculpatory evidence that is material to the guilt or punishment of the defendant. In Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), the court rules that withholding of discoverable evidence violates due process and can be considered a form of deception to the court and jury. Thus, the prosecution violated Mr. Defendant’s constitutional rights by failing to disclose all available evidence.
The case should be appealed to the United States Court of Appeals for the Sixth Circuit because it is the intermediate appellate court in the federal system and has jurisdiction over appeals from federal district courts within its circuit.
Essay 2
The following steps will be taken to appeal the case.
a. The lawyer will file a notice of appeal within the required time frame (usually 30 days) after the entry of final judgment.
b. Obtain and file the record on appeal, including transcripts and trial exhibits.
c. Research and draft the appellant's brief, addressing each issue raised on appeal.
d. File the appellant's brief and serve it on the appellee.
e. Review the appellee's brief, which responds to the appellant's arguments.
f. Prepare and file a reply brief if necessary.
g. Attend oral arguments be...
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