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Pages:
2 pages/β‰ˆ550 words
Sources:
No Sources
Style:
APA
Subject:
Law
Type:
Other (Not Listed)
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 8.64
Topic:

Appellate

Other (Not Listed) Instructions:

Your appellate brief project is here! Please, review the following fact pattern:
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. 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.
You are the appellate attorney for Mr. Defendant! Your assignment is as follows:
1) Mr. Defendant will be the appellant. The Prosecutor will be the Appellee. Mr. Defendant is your client.
2) Draft a memo to your client explaining what your next steps are (how the stages of appeals work).
3) Prepare an oral argument for the Nineteenth Circuit Court of Appeals explaining the following: a) who you are, b) whom you represent, c) what you're asking for, and d) why the appellate court should agree with you.
Here are a couple examples of what to do and argue in this appellate brief.
“Something about your face doesn’t look right”- officer does not have reasonable suspicion to even stop Mr. Defendant.
“Fruit of the poisonous tree”- the search was illegal and could be thrown out in court
You do not ask the jury to put themselves in the defendants’ shoes.
Brandy violation- when you withhold discoverable evidence.

Other (Not Listed) Sample Content Preview:
Subject: Appeal Process
Dear Mr. Defendant,
I hope this message finds you well. As your appellate attorney, I am writing to provide you with a guideline for our next steps as we seek to appeal your case in the Nineteenth Circuit Court of Appeals.
The immediate step is filing a Notice of Appeal with the trial court, which we will do within the required timeframe. The document will officially inform the Court and the prosecution that we intend to appeal the judgment and sentence. Notably, the document will name all parties to our appeal case and serve as the first step of the appeal process. The trial court clerk will inform the parties to the case, including you, and send our case documents to the Court of Appeal.
After filing the Notice of Appeal, I will request the trial court's clerk to prepare the record on appeal, which includes transcripts of the trial proceedings, trial exhibits, and all relevant documents. I will review the records to identify any legal errors or issues that may have occurred during your trial. After the review, I will draft and file an appellate brief with the Nineteenth Circuit Court of Appeals. The legal brief will detail my legal arguments and authorities that support our position on the issues we have identified in the trial record.
I intend to request an opportunity to present an oral argument. The process will provide the opportunity to summarize our case for the judges and address any questions that the judges may raise about our case. Once the appellate case reviews our briefs and hears the oral...
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