Legal Advocacy

POLI 339

Letter Brief Assignment

Write a short (2 – 4 page) letter brief to Judge Lionel Hutz of the Midlands Superior Court in which you address the following legal points. No outside research is necessary – you may only use the case materials. The brief is due by the end of the day on December 3, 2007, by e-mail.

Part 1

Before the penalty phase jury trial begins the State of Midlands files a motion in limine. The state moves the court to:

…bar any evidence of the Defendant’s low intelligence or mental insufficiency. The Defendant does not meet the legal definition of “mentally retarded” and therefore any evidence of her mental abilities is irrelevant. Moreover, Defendant pled guilty to the underlying offense and thereby admitted the ability to form the requisite intent to commit the crime.

Part 2

The Prosecution’s motion also asks the court to:

…bar any evidence or testimony that suggests the Defendant’s actions did not cause Dawn Francis to be infected with HIV. This evidence is irrelevant during the penalty phase. By pleading guilty to the offense of Second Degree Assault the Defendant admitted the elements of that crime. Any evidence casting doubt on the underlying conviction is inadmissible in the penalty phase.

You are counsel for the Defendant. Using the law and/or rules provided in the case packet, respond to this motion in your letter brief.