Center City v.

Troy O' Leary

Prosecution Case Notes/Summary Attorney: Tyler Wilson Witness Lt. Peter Columbo (Arresting Officer): Kenzi Brooks Witness Jill Lavin:

Stipulated Facts
1. The victim, Sandy Stark, was in a relationship (girlfriend) of/with Troy O' Leary 2. The Arrest Report detailing: Troy, Sandy, and Lt. Columbo are correct and accurate 3. Stipulated Facts can not be objected or refuted on authenticity or accuracy. 4. Sandy Stark attempted to end the couples 2 year relationship on Thursday, February 2nd of 2006 5. The victims car was a 1994 Jeep Wrangler, found wrecked at the 75 foot drop on Median Blvd. 6. The defendant and victim had a physical altercation (strikes) at the game and were separated by the crowd. 7. The victim was struck by a blunt object. 8. Median Blvd was dry and no hazards. 10 foot skid marks were found. 9. The defendant has had 3 prior convictions for violent behavior and was found drunk. 10. The victim was still wearing the softball jersey after the event. 11. The defendant has been given due process, a fair trial, has been read his rights. 12. The defendants arrest was based on reasonable suspicion not speculation. 13. The victim did not drink at the game and beers were unopened in the vehicle. 14. The defendant had been drinking at the game. 15. The Vitim was told by the defendant the threat as stated by witnesses and defendant as shown in the interrogation file. (Exhibit A) 16. There are no witnesses to confirm the defendant's alibi. 17. The defendant and victim play softball. The defendant is a hitter. The victim is a pitcher. 18. The victim has no history of suicide, DUI, or criminal record. 19. All exhibits and sources are considered accurate in a respects and are not prone to objection or refute of facts within. However, facts concluded from these are disputable.

EVIDENCE http://en.wikipedia.org/wiki/Guard_rail

http://www.accidenttech.com/speed.asp?a=s

NOTES TO LEARN:

 Motion:Summary Judgment: Rule 56: Facts are not in dispute. Amicus Curiae: Rule 37 Rules of the Supreme Court: Not partial to either side and must provide a copy of intended testimony Motion: in Limine Rule (Excluding/Including evidence) 403 ROE: Resticts on prejudice, confusion, waste of time, cumulative, confusing, misleading, other Motion for Judgment Non Obstante Veredicto: Retrial as the jury could not have reached that verdict Rule 105 Rules of Evidence: Limiting Evidence (the medical examiner) Motion to Produce/Admit/Compel Rule: Opposing Council must publish a evidence/documents as requested (Ex. Get the opposing councils questions) Protect Self: ROE 403: Cumulative (I will ask these) Also, don't have evidence *no questions* Hearsay: If the medical examiner is used. (Rule 801 and 802) PROTECT SELF: Criminal Procedure Rule 12: Defendant must request documents ASAP after arraignment (ASA Practical) Criminal Procedure Rule 16: Defendant can receive: Defendant Oral Statement/Written Defendant's Prior Record Document and Objects: Exceptions Is Material for the defense Intended to use in prosecutions Case in chief (Not rebuttle) Defendant's belongings Reports of Examination and Tests: IF the item is essential for preparing defense or prosecution plans to use as case in chief (Not rebuttle) KNOW RULE 404 CHARACTER EVIDENCE Rule 405 can attest to defendant character if from another person