LAW COURT CASES

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LAW COURT CASES

LAW COURT CASES

Kimberly Gonzalez

Professor Rodriguez

02/12/20

Chapter 6

1. Myers III v. State (2015)

a. State the elements of Indiana’s version of the right-wrong test.

b. List all the facts relevant to each element of the test.

c. Summarize the trial court’s reasons for ruling that Donald Myers was not insane at the time of the crime.

d. Summarize the majority’s arguments that Myers was “Guilty but mentally ill.”

e. Summarize why the dissenter’s reasons why the trial court judge’s verdict should not be overturned.

f. Which is the best argument? Defend your answer.

2. Oliver v. State (1985) and Depasquales v. State (1988)

a. State the test for entrapment according to Nevada law.

b. What facts led the Court to conclude that Oliver was entrapped but DePasquale wasn’t?

3. State v. Belew (2014)

a. List the facts relevant to deciding whether Jeffrey Belew suffered from PTSD.

b. Summarize the trial judge’s reasons for rejecting Belew’s claim that his PTSD excused his otherwise criminal conduct.

c. Summarize Justice Lanzinger’s reasons why he believes that PTSD deserves more attention.

d. Why does dissenting Justice O ‘Neill “suggest that one trial court judge, three appellate court judges, and the majority of this court simply do not get it. PTSD is not an excuse. It is an explanation.”? Do you agree? Defend your answer.

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LAW COURT CASES

LAW COURT CASES

Kimberly Gonzalez

Professor Rodriguez

02/12/20

Chapter 6

1. Myers III v. State (2015)

a. State the elements of Indiana’s version of the right-wrong test.

b. List all the facts relevant to each element of the test.

c. Summarize the trial court’s reasons for ruling that Donald Myers was not insane at the time of the crime.

d. Summarize the majority’s arguments that Myers was “Guilty but mentally ill.”

e. Summarize why the dissenter’s reasons why the trial court judge’s verdict should not be overturned.

f. Which is the best argument? Defend your answer.

2. Oliver v. State (1985) and Depasquales v. State (1988)

a. State the test for entrapment according to Nevada law.

b. What facts led the Court to conclude that Oliver was entrapped but DePasquale wasn’t?

3. State v. Belew (2014)

a. List the facts relevant to deciding whether Jeffrey Belew suffered from PTSD.

b. Summarize the trial judge’s reasons for rejecting Belew’s claim that his PTSD excused his otherwise criminal conduct.

c. Summarize Justice Lanzinger’s reasons why he believes that PTSD deserves more attention.

d. Why does dissenting Justice O ‘Neill “suggest that one trial court judge, three appellate court judges, and the majority of this court simply do not get it. PTSD is not an excuse. It is an explanation.”? Do you agree? Defend your answer.