Transcript: (1) The Defendant used force or violence against Officer Goodfellow: (a) willfully; and (b) unlawfully. (a) Officer Goodfellow was a peace officer. (1) The Defendant used force or violence: (a) willfully; and (b) unlawfully. (2) Officer Goodfellow was doing his job. (3) The Defendant knew, or should have known that: (a) Officer Goodfellow was a peace officer; and (b) Officer Goodfellow was doing his job. (4) Officer Goodfellow was injured. Alcohol Impairment Chart Doubt based on reason and common sense Not speculative State v. Chambers Reasonable Doubt (3) The Defendant knew, or should have known: (a) Officer Goodfellow was a peace officer; and (b) Officer Goodfellow was doing his job. Felony Battery on a Peace Officer With Injury (b) Officer Goodfellow was doing his job. (2) Officer Goodfellow was doing his job. Beyond A Reasonable Doubt. Making a lawful arrest The Defendant used force or violence unlawfully. REASONABLE CAUSE (4) Officer Goodfellow was injured. The Defendant used force or violence willfully.
Transcript: Closing Argument of Defendant Shaun Boyer v. California State University, Gould CV 18-2018 Maryjane Hong Primary Assumption of Risk 1. The Wet Field - not a concealed condition! Primary Assumption of Risk 2. The Fence - Why play beside it? HUGE field! - Heavily Raining day - The Sprinkler California Civil Jury Instructions (CACI) OPEN & OBVIOUS "If an unsafe condition of the property is so obvious that a person could reasonably be expected to observe it, then the [owner/lessor/occupier/one who controls the property] does not have to warn others about the dangerous condition." 1004. Obviously Unsafe Conditions Contractual Assumption of Risk - Liability Waiver Contractual Assumption of Risk Liability Wavier Liability Waiver 1. Signature - Plaintiff Shaun Boyer 2. Date - August 31, 2022 - before the incident (Nov. 20, 2022) 3. Content: understand the risks and dangers understand the right to be gave up for the participation understand the release applies to personal injury understand the not only University, but also including its intramural spikeball club is released from liability voluntarily give the University a complete release from any and all liability for any injury or damage during the participation in an intramural sport California Civil Jury Instructions (CACI) California Civil Jury Instructions (CACI) 451. Affirmative Defense—Contractual Assumption of Risk "[Name of defendant] claims that [name of plaintiff] may not recover any damages because [he/she] agreed before the incident that [he/she] would not hold [name of defendant] responsible for any damages. If [name of defendant] proves that there was such an agreement and that it applies to [name of plaintiff]’s claim, then [name of defendant] is not responsible for [name of plaintiff]’s harm." FORESEEABILITY & UNFORESEEABILITY: Foreseeability & Unforseeability - The unsafety condition is foreseeable: Heavily rainy day --- MUDDY! The wet field --- NOT IN A GOOD CONDITION - The weather of raining per se is unforeseeable - The holding of spikeball activity is unforeseeable: Informal tournament Not a school essential event Using field without a permission Not liable for plaintiff’s injury! NO foreseeability of plaintiff playing spikeball in such an obvious unsafe condition without defendant CSUG’s permission. CONCLUSION Conclusion CSUG is nonnegligent CSUG will be found negligent in the use or maintenance of the property: The Burden of Proof 3. CSUG failed to repair the condition, protect against harm from the condition, or give adequate warning of the condition. HOWEVER, I would prove: IF Plaintiff could prove: 1. The condition on the property created harm is OPEN and OBVIOUS 1. A condition on the property created an unreasonable risk of harm; 2. CSUG knew or should have known about the risk; 2. Plaintiff knew or should have known about the risk 3. CSUG doesn't have a duty of giving the warning sign of obviously unsafe condition Reptile Theory - ATTENTION Reptile Theory Improper use of Reptile Theory Irrelevant, excluded, prejudicial Merely to appeal and inflame the emotions of Jury and create bias Stop the other side from making unfair, prejudicial arguments Prohibited by law
Transcript: Brake Drums that have reached the maximum service diameter are more susceptible to rising heat because there are less drum mass available to absorb the heat Closing Argument As stated in the Highway Accident Report, they believe that the mechanic lacked the proper training in brake maintenance and inspections, did not detect the poorly adjusted or inoperative brakes on the trailer, and did not perform recommended maintenance Brake shoe lining thickness and brake drum diameters should be adjusted regularly to ensure that each part of the brake pad is taking a proportionate amount of the wear of stopping the vehicle. The Highway Accident Report stated that the brake shoe lining on the rig was in compliance with standards, with the exception of the Fifth Wheel on the right. The brake drum diameters were also measured and none exceeded Manufacterer's maximum thickness, they were all approaching it. The First and Fourth tire on the right, as well as, The Fifth on the left exhibited rust The Tractor Trailer Involved In Our Accident Was Registering A Temperature Of Over 800 Degrees AVERAGE TEMPERATURE OF BRAKES ON EXIT RAMP Ace Trucking Is At Fault For Accident When Investigators Tested Tractor Trailer's Emergency Brake, Only The Fifth Wheel On The Right Locked, The Fourth Wheel On The Right And The Fifth Wheel On The Left Were Free Rolling According to the Highway Accident Report, a dust cover protecting the brake drums and springs would have reduced the chance of corrosion to the springs and drums, prolonging the life of the brake parts and the life of the brakes Tractor Trailer Air Brake Dust Covers Conclusion From Highway Accident Report Brakes Were Improperly Maintained Conclusion Emergency Brake HOW TO LOWER TEMPERATURE? Based on the Inspection conducted by the Missouri Division of Motor Vehicles and Railroad Safety after the accident, the truck would have received a rating of a 4 instead of a satisfactory score After Accident Inspection Mechanic's Training The National Transportation Safety Board Determines That The Probable Cause Of The Accident Was The Truck Driver's Inability To Stop The Tractor Semi-Trailer At The Stop Sign At The Bottom Of The Ramp Due To The Reduced Braking Efficiency Of The Truck's Brakes, Which Had Been Poorly Maintained And Inadequately Inspected. Contributing To The School Bus Passenger's Injuries During The Side Impact Were Incomplete Compartmentalization and Lack Of Energy Absorbing Material On Interior Surfaces EFFECTS OF IMPROPERLY MAINTAINED BRAKES State Police Investigators Did An Air Brake Inspection 4 Weeks After The Accident, Stopping The Trailer At Speeds Of 20 And 40 MPH, Only The Brakes On Fourth Axle Left Side And Fifth Axle Right Side Locked, The Other Wheels Were Free Rolling With Brakes Fully Applied PROPERLY MAINTAINED EMERGENCY BRAKES
Transcript: I suggest to you that MC Davola was negligent for many reasons one of which is his failure to keep enough people on staff. Additionally, he did not follow the laws of Major in regard to serving intoxicated individuals Let his license to serve alcohol lapse Had not received training in over five years on how to keep from overserving customers He served Ed Hard on the night of September 3rd Tom Donaldson Mary Apple The Garage Tavern Corporation Were Any of the following Negligent? MC Davola
Transcript: Mistaken Identification Impairment Visibility Prejudice Defense Counsel for Frank Smith: Nicole Van Gundy The Blarney Stone Jones had "about" two beers BAC The impact of "two" beers in one hour Congress Street 50' away from nearest source of light No lights in the alley itself Less than 30 seconds Criminal alighted in opposite direction of light Photo Array Photo array Delay between incident and reporting "that looks like him" Needed more information as he wasn't sure Smith shown in prior photo array In-person line up more than a week after the robbery No other potential suspects were duplicated Suggestive Not Guilty Title
Transcript: We also don't just mindlessly enforce the Death Penalty Prison's living conditions are better than those who are homeless or live in third world countries Death penalty is a deterrent for severe crimes Prisoners are given right to prepare for death unlike their victims Rehabilitation system has to potential to be cheated Mental retardation means that the criminal cannot executed. More expensive to care for prisoners who are given life than to remove them with capital punishment. 85.08 Texas department cost for lethal injection Only 3% of US cases are botched since 1890 Argument Cost Death Penalty v. Life in Prison Restrictions to prevent recklessness Argument Restrictions to prevent recklessness The jury's decision on a death penalty has to be unanimous It takes 15 years on average before they are put to death Cost extensive testing is done to make sure that the inmate understands what they had done Death Penalty vs. Life in Prison
Transcript: AVERY EQUALS ARSON HCL THE ELEMENTS HAVE BEEN ALL MORE THAN PROVEN THREE ELEMENTS ARE ALL THAT ARE NEEDED TO COMMIT ARSON 2. AVERY as an AGENT of the Plaintiff YES The Event 1. NEED FLAMMABLE MATERIAL 2. NEED SOMETHING TO IGNITE THE FIRE 3. NEED A METAL METAL ALL THAT IS NEED IS PROVE: That the fire was a result of ARSON That an Employee or Agent of the Plaintiff CAUSED THE ARSON LAW SHAMPOO AVERY EQUALS ARSON The Plan for Arson Begins Jackson hires Ms. Peterson to create a new business plan The Plaintiff tried to renegotiate the Loan, it did not go well With only a few months before the loan was due, Ms. Peterson told Mr. JAckson about Avery and How he was a "Torch" and could "Light up" the Business. 1. Fire was the result of Arson Effective October 1st, 2007 Jackson Increased the Premium for the Fire Insurance to a pay out of $1.667 Million In October Jackson had last meeting with the Bank, He proposed the idea of a new business plan, Jackson Brought nothing with him about those plans to the Meeting The Bank asked for a showing of the plans to be sent to them Nothing was every sent in the less then two months before the loan was due Ms. Peterson had met Avery at Yaphank, where they were employed when the company burned down George Avery had been suspected of Two previous plant fires Ms. Peterson Knew the Ins and Outs of Fire Insurance Companies THREE ELEMENTS ARE ALL THAT ARE NEEDED TO COMMIT ARSON YES WHAT WAS PRESENT AT THE SCENE 1. Fire was the result of Arson YES TOO MANY MERE COINCIDENCES The Start: Financial Troubles The plan takes form 1. THE FIRE WAS A RESULT OF ARSON 2. AN EMPLOYEE OR AGENT OF THE PLAINTIFF CAUSE THE ARSON Flinder's Aluminum burned to the ground Avery's Body was found at the scene Mr. Jackson made a claim for The $1.667 Million Insurance Money 1. NEED FLAMMABLE MATERIAL 2. NEED SOMETHING TO IGNITE THE FIRE 3. NEED A METAL METAL WAS PAID $5,000 THROUGH THE COMPANY ACCOUNT GIVEN A SPARE KEY TO THE PLANT THE PLAINTIFF TOLD MARIE WILLIAMS THAT AVERY WAS THERE TO CREATE DESIGNS The Foundation begins to Set Flinder's Aluminum had losses of over $1 Million Dollars from 2006 to 2007 Arthur Jackson had an upaid loan of $400 Thousand due on November 28, 2007 No New Accounts that Year METAL FILINGS
Transcript: TOPIC 1 Vague black sedan Vague black jacket Vague Firearm "John" Initial witness response: - two white men - 20's - both wearing black jackets - no memorable characteristics Later: - vivid memory of assailants? TOPIC 2 Poor Policework: 1. Failure to document photo I.D. 2. Inaccurate testimony about the arrest 3. Botched lineup TOPIC 3 TIMELINE February 14, 2019 3:15pm: Shooting at Lazar's Clothing Store Timeline 2:30pm: John & Dale arrive at Sam's Chicken 3:00pm: Whitney leaves work 3:25pm: Whitney leaves Sam's Chicken Shack 3:30pm: John & Dale leave Sam's Chicken No evidence to connect the following to this crime: Jacket Firearm Car The defendant TOPIC 4
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