module 2 Active Learning

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For the purpose of this hypothetical question, assume that the actions occur in the fictional county of Roar in the fictional state of Lionsville.

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State v. Rich and Moore

Ben Rich and Barry Moore are accused of conspiracy to commit burglary. The evidence shows that on September 5th, 2008, Rich and Moore entered into the home of the victim at approximately 3:00 am while the victim was sleeping. Rich stayed in the bedroom where he held a gun to the victim’s head while Moore left the bedroom and entered the living room and ransacked the home taking personal items totaling over $5,000. During this time Rich and Moore were speaking to each other from their perspective rooms. The suspects then left the home without injuring the victim.

Officer Reath arrived to the scene and questioned the victim. The victim told Officer Reath that he could identify suspect Rich but not the other suspect, as he did not get a clear look at him. Officer Reath then asked if the victim could identify the other suspect through his voice. The victim replied that he could. Later, that same afternoon, the victim was transported to police headquarters for a lineup. At the lineup, among five other potential suspects, Rich and Moore were placed next to each other. Moore was the only one asked to speak. The victim identified both Moore and Rich as the individuals who burglarized his home.

The prosecution wants both Rich and Moore to be tried together in this case.

First:
1.What pre‐trial non‐suppression motions that we discussed would you file if you were the attorney for Defendant Moore?

Also:
2.What pre‐trial non‐suppression motions that we discussed would you file if you were the attorney for Defendant Rich?

Finally:
3.How would you respond to these motions as the Prosecutor?

Assume the same set of facts in the first discussion question and add to them the following:

The prosecution uncovers videotape taken at the Quick Mart showing Defendant Moore was filling his gas tank at 3:06 am on September 5th, 2008. The Prosecution does not disclose this evidence to the defense.

First:
1How would this differ if the Prosecution destroyed the videotape?

Next:
2.What pre‐trial non‐suppression motions that we discussed would you file if you were the attorney for Defendant Moore?

Finally:
3.How would you respond to these motions as the Prosecutor?

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