...ed in Delaware Superior Court for felony assault. On the first day of trial, only 10 qualified jurors remain available. The judge says the court has no courtroom space for a restart and orders trial to proceed with 10 ju...
Citations: Delaware Constitution article I, Section 7, Delaware Superior Court Criminal Rule 23, Ramos v. Louisiana, Sullivan v. Louisiana
...ese facts? Correct. The answer should identify the governing rule for Trial Rights and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest coun...
A Delaware felony defendant demands a prompt trial, and the court delays trial for several months because no courtroom is available. Which statement best describes the speedy-trial analysis? This question tests Delaware...
Citations: Delaware Superior Court Criminal Rule 48(b), Barker v. Wingo, People v. Engram
At Victor's robbery trial, the judge excludes all spectators during voir dire because the courtroom is small and "jurors are more candid without an audience." Later, the judge closes the courtroom for an undercover offic...
Citations: Waller v. Georgia, Presley v. Georgia, Deck v. Missouri, People v. Duran, Illinois v. Allen, Delaware Superior Court Criminal Rule 43
...igned on a felony information on January 2 and refuses to waive time. Trial is set for February 28. On February 26, the prosecutor's only eyewitness is hospitalized after emergency surgery. Over Diego's objection, the co...
Citations: Delaware Superior Court Criminal Rule 48(b), Barker v. Wingo, Doggett v. United States, People v. Engram
In a criminal trial, the judge instructs that intent is presumed from the defendant's conduct unless the defendant proves a lawful purpose. What is the best constitutional objection? This question tests proof beyond a re...
Citations: In re Winship, Sandstrom v. Montana, Sullivan v. Louisiana
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered graphic proof with modest probative value and serious prejudice risk. Anothe...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A prosecutor offered a prior incident to prove intent but argued propensity in substance. An...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A prosecutor offered a prior incident to prove intent but argued propensity in substance. An...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered a text message to prove both notice and the truth of the matter asserted. An...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A witness offered an opinion based partly on observation and partly on specialized training...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A witness offered an opinion based partly on observation and partly on specialized training...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party asked the court to notice a disputed fact from an online source. Another actor chang...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered screenshots and testimony after the original file was deleted. Another actor...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A witness offered an opinion based partly on observation and partly on specialized training...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered a text message to prove both notice and the truth of the matter asserted. An...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered screenshots and testimony after the original file was deleted. Another actor...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A witness offered an opinion based partly on observation and partly on specialized training...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A client forwarded legal advice to a business partner before litigation. Another actor chang...
Citations: Federal Rules of Evidence
...olely because the prosecution's case appears strong. What is the best trial-rights analysis? This question tests compulsory process and the right to present a defense. Washington v. Texas, Crane v. Kentucky, Holmes v. So...
Citations: Washington v. Texas, Crane v. Kentucky, Holmes v. South Carolina
...use two jurors are "unreasonable." Which statement best describes the trial-rights problem? This question tests Delaware jury trial and unanimity. Delaware Constitution article I, Section 7, Delaware Superior Court Crimi...
Citations: Delaware Constitution article I, Section 7, Delaware Superior Court Criminal Rule 23, Ramos v. Louisiana
...kles, without individual findings. Which statement best describes the trial-rights problem? This question tests visible shackling and courtroom security. Deck v. Missouri, People v. Duran
Citations: Deck v. Missouri, People v. Duran
A witness refuses to testify after the defendant sends messages saying, "Do not come to court, or you will regret it." Which statement best describes forfeiture by wrongdoing? This question tests confrontation forfeit...
Citations: Giles v. Delaware, Crawford v. Washington
...records Eva at the station describing the shooting in detail. Before trial, Eva leaves the country and refuses to return despite subpoenas, calls, and treaty-process efforts by the prosecution. Nolan never had a chance...
Citations: Crawford v. Washington, Davis v. Washington, Melendez-Diaz v. Massachusetts, Smith v. Arizona, Giles v. Delaware
USABarPrep Coach