This brief should be approximately 6 – 8 pages double spaced (No cover page is needed, and no special
format required. Retyping the questions does not count toward the page number range). A table of cases
should be at the back of the brief. This is a final project for our course.
Please note that a merit brief should not only include any current relevant cases but should also discuss some of the precedent that lead to the current case decisions you may be relying on. You should use cases you read in class, were discussed in a PP, listened to on Oyez, cases in your casebook and outside cases you think may be relevant. A minimum of three cases per question is required. At least two of the cases should be from the course.
Bailey Jones, a 20-year old, was convicted at trial of first- degree murder with special circumstances and of aggravated assault. He was given the death penalty by a jury of his peers. You now represent him on an appeal.
Write a 6-8 page merit brief to the appellate court. The brief should discuss the following:
1. During the murder the victim was able to get off a gunshot. When Bailey was arrested, he was driving to the hospital to address a bullet wound. The police learned from the hospital nurses that the bullet remained in Bailey’s leg. The police wanted the bullet to ballistic match it to the victim’s gun. Without obtaining a warrant the police ordered the hospital doctors to go andremove the bullet. At trial, the Court admitted the bullet as evidence, and you believe this was a violation of the Fourth Amendment. Use cases you read to explain why.
2. During his interrogation, Bailey clearly asked for an attorney, but the police continued to question him. After an hour, Bailey confessed, and the confession led the police to the gun used in the murder. The Judge ruled against suppressing the confession and the gun at trial. You think this was incorrect. Use cases to explain why.
3. There is evidence that during jury selection the prosecutor excluded all of the woman jurors. The prosecutor was asked by the Judge why he eliminated all of the woman and he said it was because they had teenagers and he felt that they would not convict such a young defendant. You have reason to believe that three male jurors who remained on the jury also had teenagers. You want to challenge the constitutionality of the peremptory strikes.
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