Sam is charged with robbery. The prosecution alleges that Sam robbed a jewelry store. The robbery took place at 1:00 p.m. Sam and Danny committed the crime together. Sam went into the store with a gun. Pointing the gun at the clerk, he said: Put the diamonds in the bag or Ill shoot. The clerk put the diamonds in the bag.
Danny, who had a long beard, was waiting outside in a getaway car. When Sam got into the car, Danny sped away. He was nervous and crashed the car into a utility pole. The crash did not disable the car. As Dannys car was speeding away, the owner of the jewelry store ran out of the store. While chasing the car, he was yelling: Robbery! Stop thief! Stop thief! Fred, standing at the street corner, saw store owners action.
Three months later, Sam and Danny were arrested. Danny confessed to the crime. He told the police it was Sams idea to rob the store. Danny reached a plea deal and agreed to testify for the prosecution. Three days before trial, Danny changed his mind. He told the prosecution that he would not testify against Sam because Sam had threatened to harm his wife if he would testify. The prosecution offers the police officer who interrogated Danny to testify as to Dannys statement about Sams involvement in the crime. Sams lawyer objects, claiming that the officers testimony would be in violation of the Sixth Amendment Confrontation Clause and the testimony would be hearsay. (Hint: You need to determine whether the police officer’s testimony about Danny’s confession would violate the Confrontation Clause or the rule against hearsay).
The prosecution intends to call the store clerk to testify about Sams statement in the store: Put the diamonds in the bag or Ill shoot. The defense lawyer objects, claiming the testimony is hearsay. (Hint: You need to determine whether Sam’s remark is hearsay and whether the store clerk may testify about Sam’s statement).
The prosecution intends to call Fred to testify about the store owners conduct of chasing the getaway car while yelling Robbery! Stop thief! Stop thief! The defense objects, claiming the testimony is hearsay. (Hint: You need to determine whether the store owner’s condut is assertive or nonassertive and whether Fred may testify about the store owner’s conduct).
The prosecution intends to call Leon to testify about a phone conversation he had with his friend Henry. On the day of the robbery, Henry saw Danny crash his car into the utility pole. At the time he was on the phone with Leon. Over the phone Henry said calmly to Leon: Look at that guy with a long beard. He crashed his car into a pole. The defense objects, claiming the testimony is hearsay. (Hint: You need to determine whether Leon may testify about Henry’s remark to him. More specifically, whether the testimony about Henry’s remark would be hearsay and whether there is a hearcy exception that may apply).
The prosecution intends to call Alice, Sams ex-girlfriend, to testify. About a week after the robbery, Sam went to see Alice and said to her: You broke up with me. Now Im rich and I have a lot of diamonds. Alice is to testify about Sams statement. The defense objects, claiming the testimony is hearsay. (Hint: You need to determine whether Alice”s testimony about Sam’s remark is hearsay and whether there is a hearsay exception that may apply).
Wriite the essay.
Read the question carefully to identify all evidence law issues.
Point out the applicable law with respect to each identified issue.
Analyze the issue based on the facts of the question by applying relevant laws.
Do not copy the questions. You need to organize your writing in the form of an essay
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