UTMT Workshop (Case Law General)

This case law establishes the elements of a claim of duress

• State v. Blaine

• State v. White

• Zomerfeld v. Noto

• State v. Harper

This case law says that the judge can rely on inadmissible evidence t determine the admissibility of other evidence

• State v. Blaine

• State v. White

• Zomerfeld v. Noto

• State v. Harper

State v. Blaine states that the affirmative defense of duress must be proven...

• By a preponderance of the evidence

• By more likely than not

• Beyond a reasonable doubt

• Beyond ALL doubt

State v. Homel says:

• It is axiomatic of a criminal trial for the Prosecution to identify the defendant

• The guilt and penalty phases of a trial are bifurcated

• Pertinent character traits may be used by the defense

All of the following are pertinent character traits as established by State v. Kumar

• Non-violence

• Community caretaker

• Intelligence

• Law-abiding

The case law State v. ____ establishes that the "party opponent" rule for hearsay may only be invoked in one direction

The following case law establishes that out of court statements from a witness that is on the stand are still hearsay if they are being used for the truth of the matter asserted

• State v. Kennan

• Richards v. Mississippi BBQ

• America's Best Cookies v. International House of Waffles

• State v. Sutcliffe

True/False: The case law State v. Schoeberl says that you are allowed to question the defendant on their possible sentencing

• True

• False

True/False: State v. Young establishes that IF the defense notes their intention to bring forward good pertinent character traits, the prosecution is allowed to bring forward "bad" pertinent character traits

• True

• False

State v. White establishes that the burden of the proof for the Prosecution is:

• By a preponderance of the evidence

• By more likely than not

• Beyond a reasonable doubt

• Beyond ALL doubt