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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a criminal case for murder, trial has progressed; the defense has presented evidence; after the defense rests but before judgment, a private DNA laboratory reports that a cigarette butt found at the crime scene contains a DNA profile matching a person other than the accused; that person had motive; The defense moves to reopen the proceedings to admit the DNA analysis and to permit fresh cross-examination on the related forensic testimony. The prosecution objects, arguing that reopening would delay the trial and disrupt the orderly course of the proceedings. The court grants the motion to reopen, conditioning that the defense lay a proper foundation for the new evidence and that the prosecution be given a full opportunity to cross-examine on it. (a) Identify the controlling doctrine governing reopening of the proceedings in criminal trials and summarize its essential pre-conditions. (b) Distinguish reopening from a motion for new trial and from appeal, focusing on timing, purpose, and effect on the case. (c) Apply to the facts: Was the trial court’s order to reopen proper? Discuss whether substantial cause, notice, and admissibility requirements are met, and address the related due process and ethical considerations (e.g., avoidance of ex parte communications) arising from the handling of the motion.

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Clara

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