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© 1990-2008 National Criminal Justice Trial Advocacy Competition. All rights Reserved.
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Home :: 2009 Competition Files
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******2009 Competition Files (in PDF format) - Click here to download PDF Acrobat Reader:
*****NOTES from Director*****
March 31, 2009 Questions and Answers
These clarifications are usually brought up at the advisors¡¦ meeting.
March 30, 2009 Questions and Answers
Question: Is Terry Smiths mother named Rita?
Answer: Yes.
Question: Did Terry Smiths mother die in 2005 or did she (Rita) die in 1980?
Answer: Terry's mother died in 1980; Terry's stepmother died in 2005.
March 27, 2009 Questions and Answers
Question:
We do not have an indictment/complaint in our materials nor do we see one on the website. Is there one? We are not sure if the judge is charged with just DUI or the other tickets as well. I am aware that the recent update from the webmaster said to read the indictment but we can not find one. The only jury verdict form is for DUI but the jury instructions include the law related to theother tickets.
Answer:
When the prosecutor decided to indict for felony DUI, she dismissed the minor offenses as is the routine in Thompson County . No inferences should be drawn either way from the prosecution dropping the other charges.
The Indictment will be posted shortly. Use the jury instructions as the guide to the State?™s burden.
See additional Questions and Answers here
March 23, 2009 Questions and Answers
Question 1: How long are Hughes' crimes punishable by?
Answer: Irrelevant to any issue at trial.
Question 2: Are all of the charges (i.e. the two tickets and the DUI) being brought in this trial or is the trial just for the DUI?
Answer: Read the Indictment.
Question 3: Is Dover a two way street?
Answer: Yes.
Question 4: Is the reference to "trafficking in counterfeit" on page 67 a typo?
Answer: Of course.
Question 5: In the new information provided on Terry Smith it says:
"Terry's mother died in 2005. Terry's older brother, Charlie, moved away from Marshall City in 1999, and is probably living in Europe somewhere. Terry inherited a little over $250,000 when Ahab died, and another 250,000 from an insurance policy when Ahab's widow died (Terry's mother Rita died in 1980, and Ahab remarried within two years)." Did Terry's mother die in 1980 and his STEP-mother die in 2005?
Answer: Good eye. Of course.
Question 6: For evidentiary purposes, how should we treat the background information provided in Answers to Questions (March 13th)?
Answer: The witnesses may be asked about their backgrounds. One of the participants noted that, without a biography to constrain the advocates and witnesses, a person could go overboard in self-promoting his or her credentions. Sorry, NO war heroes, NO Nobel Prize winners, NO special expertise, etc.
Question 7: Our team wants to enlarge the breath test record. On this document, the actual record is only a small portion of the PDF. I wanted to know if I could crop the PDF and enlarge it so that the breath test record fills the entire enlargement (30" x 40" in size). Presently, if I enlarge the document as is, the enlargement would be 30" x 40" but the breath test record would still be fairly small. Thank you for your time.
Answer: Teams can enlarge the document, i.e., the breath test, up to 30" X 44".
March 13, 2009: March 13, 2009 Questions and Answers
Incident report indicated in the March 13, 2009 Questions and Answers (***REMOVED, NOT TO BE USED***).
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Front and Back Pages of 2008 Program
Introductory Material
Nov 2 and Nov 4 News Articles
Nov 6 News Article
Jan 12 News Article
Statutes
Terry Smith's Nov. 1 Statement
Dunkirk IAD Complaint
Terry Smith's Statement to MCPD IAD
Barking Dog Incident Report, April 4, 2008
Barking Dog Incident Report, July 10, 2008
Barking Dog Incident Report, September 11, 2008
Summary of DUI arrests
Motion to Suppress Evidence
Stipulations
Pretrial Order
Jury Instructions
Verdict Forms
EXHIBITS
Notice of Impoundment
Tow Receipt
Four citations issued to Dunkirk
Breath test record
Photographs of houses at 4544 N. Dover
Photograph of Dunkirk's Car
Title of Dunkirk's car
Map of area near 4544 N. Dover
Added on 2/17/09: Hughes' Criminal History (p. 53 of the printed hard copy of the competition material
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