A defendant charged with felony theft waited 20 months for trial. Some delay was caused by court congestion, some by prosecution negligence, and some by defense continuances. The defendant demanded a speedy trial twice a...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo
A defendant convicted of robbery argues that trial counsel was ineffective for failing to interview a known alibi witness and for making no strategic explanation for that failure. Which statement best describes the ordin...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington
At a robbery trial, prosecutors offer a written police-station statement by a witness who has disappeared. The statement describes past events and identifies the defendant. The defendant never had a chance to cross-exami...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington
Before trial, a defendant told the judge, "I understand I have a lawyer, but I want to represent myself." The judge warned the defendant about the charges, possible penalties, and risks of proceeding without counsel. The...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Faretta v. California
During a criminal trial, the judge closed the courtroom for an undercover officer's testimony. The judge made no findings and did not consider alternatives, stating only, "This will be easier for the witness." Which stat...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Waller v. Georgia
...conviction, Lena argues that her speedy-trial, public-trial, and jury-trial rights were violated. Analyze each claim and the likely remedy. This essay tests speedy trial, public trial, jury trial, waiver, and remedies. N...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo, Waller v. Georgia, Duncan v. Louisiana, Blanton v. City of North Las Vegas
...an alley two blocks away minutes after the robbery. Jada appeared at trial, but the judge excluded her testimony because Malik's lawyer had listed her as a witness one day late. The judge did not consider a continuance...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips
...ier assaults and said Victor kept cocaine in a bedroom drawer. Before trial, the victim disappeared. Prosecutors have evidence that Victor sent messages saying, "If you testify, you will regret it," and arranged for a re...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington, Davis v. Washington, Melendez-Diaz v. Massachusetts, Giles v. California
...n eyewitness who would testify that someone else threw the punch. The trial judge excludes the witness solely because the defense disclosed the witness one day late, without considering a continuance or other lesser reme...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi
...one year in jail. The judge denies the defendant's request for a jury trial, stating that misdemeanors are always tried to the court. Which statement is most accurate? The best answer applies the serious-offense threshol...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Duncan v. Louisiana, Blanton v. City of North Las Vegas
A defendant was indicted and appointed counsel for burglary. While he was in custody, detectives wanted to question him about an unrelated assault that occurred the next month and had not yet been charged. Which state...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Texas v. Cobb
After a defendant was indicted and appointed counsel for robbery, police placed a paid informant in his cell. The informant was instructed to get the defendant to talk about the robbery. The defendant admitted committ...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States
Damon was indicted for burglary of a pharmacy. At arraignment, counsel was appointed. Two days later, police placed a paid informant in Damon's jail cell. Officers told the informant not to ask direct questions but to...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States, Brewer v. Williams, Texas v. Cobb, Montejo v. Louisiana
Police suspected a man of burglary for several weeks. They arrested him, but prosecutors did not file charges until two days later, when he had his first appearance before a judge. Which statement best describes when...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Rothgery v. Gillespie County
...footage, or move to sever the representation from Eli's case. Before trial, prosecutors offered Rosa a plea to misdemeanor assault with probation. The lawyer told Rosa, incorrectly, that accepting any plea would automat...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington, Missouri v. Frye, Lafler v. Cooper, Cuyler v. Sullivan
...T task memo asks you to draft part of an appellee's brief defending a trial court judgment. The appellant argues that the trial court improperly admitted a short surveillance clip. The File includes the trial transcript...
Citations: NCBE MPT preparation materials, NCBE MPT overview
At the end of a federal civil trial, the judge declined to give the defendant's requested jury instruction. The defendant did not object on the record after the instructions were settled. The jury returned a verdict for...
Citations: Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
In a federal securities-fraud trial, Defendant asks the court to exclude witnesses from the courtroom. The government wants three people to remain: Lead Agent, who sat with prosecutors during the investigation and will t...
Citations: Fed. R. Evid. 614, Fed. R. Evid. 615, Fed. R. Evid. 611
In a products-liability trial, Plaintiff calls Inspector, who examined a conveyor belt three days after Worker was injured. Inspector testifies that she remembers the inspection but cannot recall the exact measurements...
Citations: Fed. R. Evid. 612, Fed. R. Evid. 611, Fed. R. Evid. 803(5)
...or Child for eight months and argue that Child is bonded to them. The trial court finds that adoption by Prospective Adoptive Parents is in Child's best interests but makes no finding about active efforts and hears no qu...
Citations: Indian Child Welfare Act, 25 U.S.C. sections 1901-1963, Haaland v. Brackeen, 599 U.S. 255 (2023), NCBE MEE Subject Matter Outline, Family Law
...identified Jon and said the phrase made her "100 percent certain." At trial, prosecutors also want Jon to repeat the phrase in court for the jury. Jon moves to suppress the voice-lineup identification and objects to bein...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, U.S. Const. amend. VI, United States v. Wade, United States v. Dionisio, Neil v. Biggers, Manson v. Brathwaite
A federal court discovers shortly before trial that the case has no federal question, no diversity jurisdiction, and no other statutory basis for federal subject matter jurisdiction. Both parties want to stay in federal...
Citations: Fed. R. Civ. P. 12(h)(3)
After a bench trial in federal court, the judge announced from the bench on May 1 that judgment would be entered for the defendant. The clerk entered a docket entry on May 2 stating, "Court finds for defendant; case clos...
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(1), Fed. R. App. P. 4(a)(2), Fed. R. App. P. 4(a)(4), Fed. R. App. P. 4(a)(7)
After a federal civil trial, the losing party moves for a new trial based on an evidentiary ruling. The record shows that the excluded evidence was cumulative of three admitted exhibits and two witnesses' testimony. Whic...
Citations: Fed. R. Civ. P. 61
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