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(A)(2 )(d): Presentation of Evidence and Arguments

PD’s interview with Mason, D’s cell neighbor ( i ) was her questioning improper? At what point? (A) How did she get to the point of “ prepar [ ing ] his testimony”? Presumably D told her he could help? Was this their first interview?

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(A)(2 )(d): Presentation of Evidence and Arguments

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  1. PD’s interview with Mason, D’s cell neighbor (i) was her questioning improper? At what point? (A) How did she get to the point of “prepar[ing] his testimony”? Presumably D told her he could help? Was this their first interview? (B) assume she had started: “Wahl says he ran away because Jesse Hinson was threatening to beat him up. Did you ever hear Hinson threaten Wahl?” (C) How should she have questioned Mason? (ii) after this interview, should she have called Mason to the stand at trial? Problem pp. 453-4: defending prison escapee (A)(2)(d): Presentation of Evidence and Arguments

  2. Problem p. 453 c’t’d (b) After Mason’s testimony at trial, what were PD’s duties? MRPC 3.3(a)(3) (c) Was PD’s brief satisfactory? What about her failure to cite the Lawton opinion? MRPC 3.3(a)(2) (i) is the Lawton opinion “legal authority in the controlling jurisdiction”? (ii) “directly adverse to the position of the client”? (iii) “not disclosed by opposing counsel”?

  3. A(2)(e): Other Trial Conduct Problem p. 457 • Was Newton’s cross-examination of the witness permissible? MRPC 3.4(c), 8.4(d) (i) if not, was there any way she could have raised the question properly? Was it likely that she really wanted an answer? (ii) After being told to sit down, would it have been sufficient for her to say “I withdraw the question”, as Perry Mason would have done on TV?

  4. Problem p. 457 c’t’d • Was it proper for Newton to refuse to allow the witness to leave the courtroom? MRPC 4.4(a) • (i) Was Newton’s closing argument permissible? How else is she supposed to show belief in her client’s cause? (ii) what about her response to the judge?

  5. Further issues • Lawyer as witness: n. 6 p. 468, MRPC 3.7 • Mitigation by apology, n. 9 p. 468

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