Moot Court Case Study

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HYPOTHETICAL FACT PATTERN

You are a summer associate in the Alameda County Public Defender’s Office. Pam Glass, your supervising attorney, has asked you to analyze the case of Tom Ott.

On June 10, at about 9:30 p.m., Sue King was sitting in a bank parking lot in Berkeley, at the corner of University Avenue and Miliva Street. She had just returned to her car after using the ATM. King was starting her car when Ott approached her. Before she could dial 911 on her cell phone, Ott pulled out a gun and told her to hand over her phone and purse, step out of the car, and walk back to the ATM. King did as she was told. Ott took her belongings and drove away in his pick-up truck, traveling westbound on University Avenue.

King waited until Ott’s …show more content…
Within ten minutes of the robbery, several police cars and a police helicopter were pursuing Ott at high speeds toward the toll plaza of the Bay Bridge.

As the Berkeley officers approached the toll plaza, they had to swerve sharply to avoid a collision with a stalled car. The officer driving the police car lost control of the vehicle, slid into a spin, and crashed into a tollbooth. While neither officer was injured, the toll collector was killed on impact. Ott pulled off the highway in San Francisco at 9th Street where he was arrested without further incident.

Ott is charged with robbery and first-degree felony murder for the death of the toll collector. Ott pled guilty to the robbery charge, and not guilty to the felony murder charge. Ms. Glass wants you to write a memo analyzing whether Ott will likely be convicted of first-degree felony murder under section 189 of the California Penal Code. Ms. Glass is certain that she will be able to prove in court that all of the above events took place. Another associate is considering the issue of second degree felony murder, so your memo should only address the issue of first-degree felony murder under section

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