4.27.11 Criminal & Family Law

Fundamental Question
-Is the Statute Constitutional?
-By what measure do we evaluate? By language of the statute itself.
-Facially overbroad- If statute itself sweeps within it many behaviors not intended to be targeted.
-Mixed question of law and fact.
-Laws must be content neutral to be constitutional. (Cannot apply to one situation and not another.)

Motion to Suppress
Common Issues
-Case Number- was provided in the Complaint
-Margins/Typeface/Font size- check local rules
-Details-Spell names correctly, spelling, correct court, etc.
-IRAC
-I- Header
-R-Concept, principle from case law (Probable Cause- state in affirmative (Police officer has PC when... In this case...)) (Terry Stop-Officer has authority to stop when... In this case...)
-A-Integrate Each Principle as useful, before moving on
-C-

Until you've been writing for a few years, you will need to rewrite.
Step back and look at your papers without attachment-does it say what you want it to say, and is each sentence necessary?

-LSF- Legally significant facts

For Pre-sentence Report
-Accuracy to facts
-Form and spelling

Trials

Trial Notebooks
-Charge Documents
-Voir Dire
-Pre Trial Motions Resolved
-Limine (limitational) & Motions Pending
-Opening statement
-Complete set of police reports
-Witnesses- with individual police reports or statements
-1/2 Time- Once state has rested, if not all elements have been established you may ask for dismissal.
-Closing
-Exhibits- Impeachment- undermining facts or logic presented by witnesses
-Jury Instructions

Posner & Dodd- "Chaptering"
Element Tracking
-To keep track of which elements have been covered at trial

Notebook should be put together 2week to a month before trial

Evidence Rules
Evidentiary Foundation- Edward Imwinkleried (goldmine of info-creates script)
Must be:
-Relevant
-Probative
-And fall under applicable rule

Hearsay
-Out of court
-Assertion (non-verbal communication is included)
-Offered to prove the truth of the assertion (if offered for another purpose, not hearsay)

Key is that there can be no cross examination