During this module, you learned about the incident rate of wrongful convictions. And in past modules, you learned about the role of the judge and the appellate process. For your writing assignment this module, you are going to put all of this information together and assume the role of a state appellate judge writing the majority opinion which decides Spoofy’s appeal. Specifically, Spoofy is arguing that he was wrongly convicted, and he is arguing specifically on appeal that his conviction should be overturned because the trial judge erred as a matter of law in denying his motion to suppress. In other words, he is arguing that the trial court should have granted his motion to suppress, and that because the evidence that was unconstitutionally obtained (i.e. the evidence the police got from his apartment and the statements he made before he was given Miranda warnings) was entered into evidence, he should get a new trial in which the State is barred from entering that evidence against him.
In order to prepare this writing assignment, first read the hypothetical crime scenario information provided to you in this module. Also, review the information you were provided in previous modules. Then, review the attached examples of appellate opinions where courts have addressed appeals regarding motions to suppress based on the very same arguments Spoofy is making. Then, draft an appellate opinion that has the following components: (1) an introduction where you summarize the result below in the trial court, the crux of the appeal, and the result the appellate opinion reaches (e.g. affirm the conviction or reverse for new trial); (2) a brief recitiation of the operative facts necessary to understand the appellate opinion being rendered; (3) an analysis section where you discuss the relevant legal standards and apply those standards to the facts; and (4) a conclusion where you re-state the appellate court’s decision (e.g. either to affirm the conviction or reverse it). And in drafting this opinion, you can choose to either affirm or reverse; it is up to you. Just be sure to write persuasively defending the basis for your decision.
Use the order calculator below and get started! Contact our live support team for any assistance or inquiry.
[order_calculator]