NITA Publications

State v. Wyatt Case File

The University of Nita City won the NCAA championship on this rainy, foggy night. UNC students are notorious for partying in the streets after such an event and this night was no exception, just ask Gary Gilbert. Gilbert remembers the game and the party, but he doesn't remember being hit by a white Miata and immediately suffering a closed head injury.

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

• >> TABLE OF CONTENTS
  CONTENTS
  
  
  Introduction
  
  Special Instructions
  
  Bill of Indictment
  
  Stipulations
  
  DMV Report
  
  Initial Report of Investigation
  
  Supplemental Report of April 6, YR-2
  
  Handwritten Statement of Tom Mecklow
  
  Supplemental Report of April 21, YR-2
  
  Supplemental Report of April 23, YR-2
  
  Handwritten Statement and Maps by James Wyatt
  
  Supplemental Report of April 26, YR-2
  
  Nita City Police Department Telephone Log
  
  Transcript of 911 Call
  
  Supplemental Report of February 25, YR-1
  
  Map of Nita City
  
  Criminal/Driving Records of James Wyatt and Fran Leving
  
  Wanted Poster
  
  Photographs of Scene
  
  Newspaper Stories
  
  Probable Cause Hearing Testimony of Fran Leving
  
  Probable Cause Hearing Testimony of Det. Paul Burns
  
  Deposition of James Wyatt
  
  Deposition of Joe Cheshire
  
  FAX and Attached Documents from Wade Smith
  
  Jury Instructions
  
  NITA Statutes
  
  Jury Verdict Form
  
  November 16, 2010

• >> AUTHORS
  
  
  • Thomas K. Maher
    
    
    • Thomas K. Maher is the executive director of North Carolina's Indigent Defense Services, which oversees the provision of indigent representation in North Carolina. Mr. Maher previously served as executive director of the Center for Death Penalty Litigation, which represents clients on death row, trains lawyers involved in post-conviction litigation, and provides assistance and training for lawyers involved in capital trials. Before joining CDPL, Mr. Maher had his own private practice, representing clients in civil and criminal matters. He earned his undergraduate degree in 1979 at Northwestern University and his law degree in 1982 at the University of North Carolina at Chapel Hill. He spent two years clerking for the U.S. Court of Appeals for the Seventh Circuit before entering private practice. Mr. Maher is a senior lecturing fellow at Duke Law and has been involved in teaching trial practice and related classes to both law students and practicing attorneys

  
  

  • David Rudolf
    
    
    • David Rudolf is renowned for work in criminal and civil litigation, defending the individual against the power of the state or big business, as well as being a successful criminal defense lawyer. He has represented individuals in civil litigation against banks, securities firms, accounting firms and insurance companies with verdicts and settlements totaling over $30 million. He founded his law firm, Rudolf Widenhouse and Fialko, nearly thirty years ago. Mr. Rudolf taught trial advocacy at the University School of Law in Chapel Hill for four years before going into private practice. He also has taught criminal litigation at Duke University School of Law and has taught for the National Institute of Trial Advocacy (NITA). He has been listed for over ten years in the Best Lawyers in America, as well as being named one of the 100 Best Lawyers in North Carolina criminal defense by his peers. He has held various leadership roles in the ABA Criminal Justice Section and served on the board of directors of the National Association of Criminal Defense Lawyers, the board of governors of the North Carolina Academy of Trial Lawyers, Vice-President of the NCATL and was the Middle District delegate to the North Carolina Federal Bar Advisory Council. He is a graduate of Rutgers University (BA), the London School of Economics, and New York University (J.D.).