NITA Publications

State v. Burns Case File

A grocer shoots at a man who is trying to rob his store, but the bullet tragically strikes and kills the grocer's wife. The robber turns state's evidence, and John Burns, who the State claims planned the robbery, is charged with felony murder. This basic file offers impeachment, rehabilitation issues, and adverse examination. There are three witnesses for both the plaintiff and the defendant.

Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com.

• >> TABLE OF CONTENTS
  STATE V. BURNS PROBLEMS
  
  TABLE OF CONTENTS
  
  
  Introduction
  Method of Instruction
  Direct, Cross, and Redirect Examination
  1. James Carletti
  2. Arthur Hellman
  3. Mary Burns
  4. Laurence Roberts
  
  Handling and Introduction of Exhibits
  5. Gun
  6. Newspaper
  7. Gun Registration
  
  Use of Visual Aids
  8. Chalkboard and Diagram
  9. Diagram
  
  Impeachment and Rehabilitation
  10. Lauren Jones
  11. Mary Burns
  12. John Burns
  
  Adverse Examination
  13. Laurence Roberts
  14. Mary Burns
  
  Witness Preparation
  15. Lauren Jones
  16. John Burns
  17. Arthur Hellman
  
  Advanced Direct and Cross Examination
  18. John Burns
  19. Lauren Jones
  20. James Carletti
  
  STATE V. BURNS CASE FILE
  
  TABLE OF CONTENTS
  
  
  Introduction
  Special Instructions for Use as a Full Trial
  Stipulations
  Indictment
  Arrest Warrant
  Police Report/May 9th/Det. Arthur Hellman
  Police Report/May 11th/Det. Arthur Hellman
  
  Statements for the Prosecution
  James Carletti
  Lauren Jones/May 9th
  Lauren Jones/May 11th
  
  Preliminary Hearing Testimony/May 9th
  James Carletti
  Lauren Jones
  Detective Arthur Hellman
  
  Exhibits
  Newspaper Articles
  Diagrams
  Arrest Warrants
  Motor Vehicle Registration Record
  Weapons Registration Records
  Death Certificate
  
  Statements for the Defense
  John Burns
  Memorandum to Defense Counsel
  Mary Burns
  Laurence Roberts
  
  Statutes
  Case Law
  Proposed Jury Instructions
  General Jury Instructions
  Form of Verdict
  
  November 8, 2010

• >> AUTHORS
  
  
  • Donald H. Beskind
    
    
    • Donald H. Beskind is Professor of the Practice of Law at Duke University School of Law where he directs and teaches in its Trial Practice program and teaches Evidence and Torts. After practicing law in Colorado for several years, Mr. Beskind was, in succession at Duke Law School, a John S. Bradway Fellow, an assistant professor, and an associate professor and the director of the Clinical Legal Studies Program. Mr. Beskind returned to full time private practice from 1980 to 2010 specializing in plaintiff's tort litigation, and was been listed among the "Best Lawyers in America" in various publications since 1993. He continues to practice on a limited basis. Mr. Beskind was a long time program director for the National Institute of Trial Advocacy. He is co-author of BMI v. Minicom, Inc.; State v. Burns; Problems in Trial Advocacy; Effective Use of Courtroom Technology: A Lawyer's Guide to Pretrial and Trial; Developing Deposition Skills and North Carolina Evidentiary Foundations. He has published articles and spoken on evidentiary and trial skills topics and runs trial training programs in the U.S. and Great Britain.

  
  

  • Anthony J. Bocchino
    
    
    • Professor Anthony Bocchino is an honors graduate of the University of Connecticut School of Law after which he was a Bradway Fellow at the Duke University School of Law. He served as a full time faculty member at both the University of Connecticut School of Law and the Duke University Law School before joining the Temple University Beasley School of Law faculty in 1979. At the Beasley School of Law for the period 1979 -1989 he was Director of Temple's Trial Advocacy and Clinical Programs. He has designed the program, written materials and taught in the law school's Integrated Trial Advocacy Program which has been twice awarded the Gumpert Award for Excellence in Teaching Trial Advocacy from the American College of Trial Lawyers, in addition to receiving the Gambrell Award for Teaching Professionalism from the American Bar Association. In 1997 he was named by Temple University as the Jack E. Feinberg Professor of Litigation.
      
      Professor Bocchino has been honored with teaching awards from Duke University School of Law where he received the Mordecai Society Award and the Beasley School of Law where he was the first recipient of the George P. Williams II Memorial Award. In addition, he has received the Oliphant Award from the National Institute for Trial Advocacy and the Richard S. Jacobson Award from the Association of Trial Lawyers of America for excellence in teaching the art and science of trial advocacy.
      
      In addition to his law school duties Professor Bocchino has served as a faculty member for the National Institute for Trial Advocacy (NITA) since 1974, served as NITA's Director for five years and served as the organization's Editor in Chief. Bocchino has written materials and designed programs for trial, deposition, fact investigation, motion practice and appellate advocacy programs for more than 30 law firms and numerous public agencies. He has also conducted needs analyses and designed litigation skill curricula for numerous law firms. His CLE materials and program designs are among the most frequently utilized by those organizations. In addition, he has and will customize materials to the specific needs of individual clients.
      
      Professor Bocchino is the author of over 60 books and articles, predominantly in the fields of Evidence, Trial Advocacy, Civil Litigation and Professional Responsibility. His trial advocacy and/or deposition practice materials are used in a majority of the law schools in America, as well as in CLE litigation skills training in the public and private sectors.
      
      Professor Bocchino has been elected as a member of the American Law Institute, and named a Fellow of the American Bar Foundation, Litigation Counsel of America and the International Society of Barristers.