IMPORTANT: you will be writing a persuasive paper (TRIAL BRIEF) representing the DEFENSE. Defense will be filing a trial brief titled: Memorandum in Support of Defenses Motion for Retrial Please find attached the fact pattern for this trial brief. as well as the rubric and sample trial briefs, as well as the trial brief format. Issues needing to be addressed: 1) Can a conviction be reversed based on any, or all, of the issues regarding the Defense Counsel listed in the fact pattern. Defendant alleges that her trial defense counsel was not invested in her case and did not pay attention during the trial to what the prosecution was doing. 2) Is a Motion for Retrial the appropriate Motion or should the Defendant file another type of Motion, such as a Rule 3.850 Motion, or other type of Motion? Or should the Defendant have filed an appeal at the Appellate level instead of the trial level? 3) Was the introduction of the evidence regarding the investigation by the FBI for tax evasion, photos from the autopsy, and the psychiatric evaluation admissible or an error? Should Defense have objected? Did the Judge make an error allowing the evidence to be admitted into evidence during trial? 4) Is Defense Counsel required to make an objection, ask for a mistrial, and/or preserve the record to appeal the conviction and or file a Motion for Retrial? Discuss any other applicable issues. 5) Any additional issues or points that you think should be addressed to the Judge based on the fact pattern. When researching these issues, consider the following questions: What does the case law say? What are the applicable statutes? What options are available for appeal and/or re-trial? What is the appropriate avenue that Defense Counsel should take? Fully research the issues under Florida law and prepare a trial brief in support of your position. Remember, this is a persuasive document, NOT objective.Show more
