NITA Publications

State v. Southley Case File

Perfect for a pretrial course, the second edition of State v. Southley describes an event surrounding one man, Harvey Southley. The State charges that Southley lured Carl Krause into an alley, hit him over the head, and stole $400. Hours after the incident, police arrested Southley and found $400 and cocaine on him. There are four witnesses for the prosecution and three witnesses for the defense. Additionally, State v. Southley contains witness examination problems centered on criminal procedure motion practice, as well as on the criminal trial.

• >> TABLE OF CONTENTS
  CONTENTS
  
  INTRODUCTION
  
  SPECIAL INSTRUCTIONS FOR TRIALS AND HEARINGS
  
  STIPULATIONS
  
  INDICTMENT
  
  WITNESS STATEMENTS
  
  GRAND JURY TESTIMONY OF CARL KRAUSE
  
  POLICE REPORT OF OFFICER SYL (SYLVIA/SYLVAN) JONES
  
  POLICE REPORT OFFICER COREY THON
  
  PROFFER AGREEMENT OF HARVEY SOUTHLEY
  
  STATEMENT OF HARVEY SOUTHLEY
  
  STATEMENT OF CHRIS (CHRISTINE/CHRISTOPHER) BENNETT
  
  PROFFER AGREEMENT OF MORTIMER FARNSWORTH
  
  STATEMENT OF MORTIMER FARNSWORTH
  
  COOPERATION AGREEMENT LETTER REGARDING MORTIMER FARNSWORTH
  
  NOTICE OF MOTION TO SUPPRESS
  
  AFFIDAVIT OF HARVEY SOUTHLEY IN SUPPORT OF MOTION
  
  AFFIDAVITS IN OPPOSITION TO MOTION TO SUPPRESS
  
  AFFIDAVIT OF LYLE STEWART IN OPPOSITION TO MOTION
  
  ATTACHMENT: STATEMENT OF MEL (MELISSA/MELVIN) HOLLOWAY
  
  AFFIDAVIT OF OFFICER SYL (SYLVIA/SYLVAN) JONES IN OPPOSITION TO MOTION
  
  AFFIDAVIT OF OFFICER COREY THON IN OPPOSITION TO MOTION
  
  AFFIDAVIT OF DETECTIVE LESLIE FORMAN IN OPPOSITION TO MOTION
  
  AFFIDAVIT OF MORTIMER FARNSWORTH IN OPPOSITION TO MOTION
  
  ORDER ON MOTIONS TO SUPPRESS
  
  EXHIBITS
  
  EXHIBIT 1 DIAGRAM OF SEVENTH AVENUE
  
  EXHIBIT 1A DIAGRAM OF ALLEY
  
  EXHIBIT 2 CORDLESS PHONE
  
  EXHIBIT 3 NITA MEMORIAL HOSPITAL MEDICAL REPORT
  
  EXHIBIT 4 NITA MEMORIAL HOSPITAL LABORATORY REPORT
  
  EXHIBIT 5 CRIME LAB REPORT WITH FINGERPRINT ANALYSIS
  
  EXHIBIT 6 REPORT OF DRUG PROPERTY/CHEMIST REPORT
  
  EXHIBIT 7 REPORT OF FIRE IN EVIDENCE LOCKER
  
  EXHIBIT 8 RECORD OF CONVICTIONS (SOUTHLEY)
  
  EXHIBIT 9 RECORD OF CONVICTION (FARNSWORTH)
  
  EXHIBIT 10 ENHANCEMENT REPORT
  
  EXHIBIT 11 SUPPLEMENTAL ENHANCEMENT REPORT
  
  EXHIBIT 12 MEMO PAGE: OFFICER JONES
  
  EXHIBIT 13 DIAGRAM OF HOLDING PEN
  
  EXHIBIT 14 BUNDLES OF COCAINE
  
  EXHIBIT 15 FOUR HUNDRED-DOLLAR BILLS
  
  EXHIBIT 16 DISCIPLINARY RECORD, OFFICER SYL JONES
  
  PRELIMINARY JURY INSTRUCTIONS FOR CRIMINAL CASES
  
  PROPOSED JURY INSTRUCTIONS
  
  APPLICABLE NITA STATUTES
  
  MOTIONS TO SUPPRESS FEDERAL CRIMINAL PROCEDURE LAW SUPPLEMENT
  
  MOTION TO SUPPRESS PHYSICAL EVIDENCE
  
  UNITED STATES V. WATKINS
  
  UNITED STATES V. MARTINEZ
  
  UNITED STATES V. SINGLETON
  
  UNITED STATES V. HOLYFIELD
  
  UNITED STATES V. MADROZA-ACOSTA
  
  MOTION TO SUPPRESS SHOW-UP IDENTIFICATION
  
  UNITED STATES V. MARTINEZ
  
  STYERS V. HAROLD J. SMITH
  
  ARCHULETA V. KERBY
  
  UNITED STATES V. BAUTISTA
  
  MOTION TO SUPPRESS UNITED STATES V. HENRY VIOLATIVE STATEMENT
  
  RANDOLPH V. PEOPLE OF THE STATE OF CALIFORNIA
  
  BROOKS V. KINCHELOE
  
  UNITED STATES V. BOOKER
  
  MOTION TO SUPPRESS MIRANDA/MASSIAH VIOLATIVE STATEMENTS
  
  FELLERS V. UNITED STATES
  
  UNITED STATES V. BILLY THOMAS PHILLIPS
  
  UNITED STATES V. SANTOS-GARCIA

• >> AUTHORS
  
  
  • Barbara S. Barron
    
    
    • Barbara S. Barron is a professor of legal research and writing at Hofstra University School of Law and director of student advocacy programs. She also focuses her teaching interests on advocacy skill courses. Barron, a former assistant district attorney for New York County, practiced law for several firms prior to teaching. Before attending law school, Barron was a Russian linguist with the Department of Defense. She has been a team leader in the Hofstra Trial Techniques Program and has been a member of the Northeast Regional Program and the Master Advocates Program for the National Institute for Trial Advocacy (NITA). She now teaches lawyers in other countries, including developing and teaching trial advocacy skills programs for the American Bar Association's Central and Easter European Law Initiative in Turkey and the Republic of Georgia, and for the government of Bosnia-Herzogovinia. She recently taught Japan's first trial advocacy skills programs for members of Japan's criminal defense bar, as well as in Kosovo, where she taught in a trial advocacy program sponsored by the United States Department of Justice.

  
  

  • Lawrence W. Kessler
    
    
    • Lawrence W. Kessler is the Richard J. Cardali Distinguished Professor of Trial Advocacy at Hofstra University School of Law, where he has taught since 1989, and is a national expert in the field of trial advocacy training. Active in the National Institute of Trial Advocacy (NITA), Kessler is a team leader and teacher and also directs their Northeast Regional Building Trial Skills program. Kessler was formerly the law clerk to Judge Edward C. McLean, U.S. District Court for the Southern District of New York, served on the faculty of the University of Cincinnati-College of Law, and is a former trial attorney for the Federal Defender Service for the U.S. District Court for the Southern District of New York. He has actively practiced law as a criminal defense attorney in the Federal District Courts for more than twenty-five years. A 1964 B.A. graduate of Columbia College, Kessler received his law degree from Columbia Law School in 1967. He is a prolific writer on the topic of advocacy.