During dave's final year at the university, he worked in internet technology section of the school's communication center. during this time he became familiar with the security protocols used by the university. with his business degree at knowledge, he set up a small corporation that sold widgets. using his understanding of the university's information technology security system to bypass the university's security protocols, he managed to have the university pay the bill for the information technology that his company used by stealing computer resources.

other students who remained at the university discovered dave's scheme and notified police. dave's widget business was not doing well so dave had to file bankruptcy at about the same time that the state filed an information charging him with felony theft of services.

an attorney was appointed to represent dave at the preliminary hearing and the same attorney handled the felony trial at which dave was convicted as charged. his attorney requested a jury trial during which a total of six jurors were seated to form the jury. they heard most of the case, but near the end of the trial, one of the jurors had to have emergency surgery and was excused by the judge. since no alternate jurors were available at this point, the judge decided to allow the remaining five jurors to decide the case. as the judge noted, "non-unanimous jury verdicts have been approved, so we will just have to go with five jurors. it will be almost like a non-unanimous jury verdict and it'll be all right." as it turned out, five jurors eventually voted to convict dave of the charged offense.

earlier, during the jury selection process, the prosecutor kept using peremptory challenges that had the effect of removing most members of dave's race from the jury. dave's attorney objected to the use of race as a standard for eliminating jurors, but the judge overruled dave's attorney. dave's attorney began eliminating members of the prospective jury based on a gender standard because he wanted more " geeky" types to hear the case. he was eliminating prospective jurors based on gender in a similar way from what the prosecutor had been doing with race. when the prosecutor objected to what dave's attorney was doing with respect to removing jurors based on gender, the judge said, "well, that should even things out."

at the conclusion of jury selection, dave's attorney was not happy with the panel that had been selected, so after consulting with dave, he requested that the judge hear the case without a jury. the judge refused because he noted that the prosecution had the right to a jury trial based on the guarantees under the federal constitution.

the judge ordered that the case proceed and the result was that the jury convicted dave. the judge sentenced him to a year and a day in the state prison but did not order a fine or restitution.

the procedural question

following the conclusion of the bankruptcy proceedings, dave did manage to scrape some money together and hired an appellate attorney to see what opportunities for legal relief might exist in the court of appeals. dave explained as much of what happened as he could remember, and the appellate attorney read the trial transcript. what legal issues should is appellate attorney identify? how should those issues be resolved? why should the legal issues in this case be resolved the manner that you have suggested?

If the police arrive at larrys office without probable cause or a warrant and demand to search the premises, which amendment protects him from this type of search?

What is one form of speech that is not protected by the u.s. constitution? a. speech about religion b. political speech about a candidate c. speech protesting the government d. speech that is slanderous

September 10, 2016: you’ve been assigned to investigate a hit-and-run incident. when you arrive at the scene, it’s raining and foggy. the roads are slick. it looks like the crash occurred during the early evening, about 5: 30 pm, a couple hours before dark. you notice a green 2010 chevrolet camaro lying off the road on an embankment and a blue 2014 toyota camry several yards back. both vehicles are damaged. robert b., the driver of the camaro, had severe back injuries and was taken to the hospital. the only witness is the toyota driver, fred h. fred h. was driving in the right lane when the accident occurred. according to fred, a red ford pickup truck (year and model unknown) suddenly swerved across the highway from the left lane. the pickup truck hit the front left side of the camaro in one of the center lanes, pushing it off the road before speeding away. the camaro lost control and sideswiped the toyota as it skidded across the highway, denting the toyota’s left side panels. the camaro then skidded across the grass to the right of the highway and crashed into a low concrete wall. the hood and both sides of the camaro have extensive damage. the toyota driver pulled up behind the camaro and called the police. the accident occurred near miami, florida, on i-95 northbound, a 5-lane highway. it happened just before the exit 16 offramp. fred h. and robert b. both passed breathalyzer tests. neither had any passengers in the car. as you search the scene, you notice: tire tracks/skid marks left on the pavement deep red scrapes across the camaro’s panels and green scrapes across the toyota’s panels broken car window fragments of a hood or panel a torn rag an empty beer can deep tire marks and footprints in the mud of the embankment at the scene use the information above to answer the following questions. for each of a – e above, give an example of a type of evidence you could collect from that item and how you would collect it. (one to two sentences each) fill out a crash form for the incident. use the form florida crash report and use the information in the description above to create a brief three- to five-sentence summary for the “narrative” section. use the witness’s description to draw a diagram of the incident. if you can’t find a piece of information for the form, just leave that part blank. impression evidence three separate tire marks were collected from the scene. the marks were found in a pattern that supports fred’s version of events. three tire tread marks, a, b, and c. tire a appears to be worn flat in the middle from overinflation, tire b is narrow and appears worn on the outside edges, tire c looks normal and is not worn at all tires leave different types of marks based on their wear patterns. for example, tires that are constantly flat will leave different impressions than tires that are normally inflated or overinflated. the tires tend to wear out on the parts that are most exposed to the road. you checked out the tires of the two vehicles at the scene. here’s what you found: two tires side by side. a camaro tire which appears to be in good shape, and a toyota tire which appears worn on the outside edges the camaro had normal tires, but the toyota’s tires were a little flat and overly worn on the outside edges. the condition of the red ford truck’s tires is unknown. match the three impressions with the cars that most likely created them. what can you hypothesize about the red pickup’s tires? could this have anything to do with the accident? explain your answer. (two to four sentences) a red pickup fitting fred’s description was later seen running a stoplight. police pulled it over for a check. its tire impressions looked like this: a single tire tread mark which appears worn on the outside edges based on the evidence, do you think this was the same red pickup that rammed the camaro? why or why not? (one to two sentences)