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Assume that the facts of Adams arise in another Virginia case in 2001 and that defendant Sarah is prosecuted. Laser Pointing Crime . Assume that
Assume that the facts of Adams arise in another Virginia case in 2001 and that defendant Sarah is prosecuted.
- Laser Pointing Crime. Assume that Sarah was convicted under the "pointing Laser" crime that was enacted in 2000. On appeal, how will defense counsel argue that there is insufficient evidence of all the elements of this crime? What counter-arguments will the prosecutor make in reply?
- OverruleAdams. Assume that Sarah was convicted instead under the "battery" crime used to convict the Adamsdefendant. Her defense counsel argues that the Virginia Supreme Court should overrule the Adams interpretation of the "battery" statute because the enactment of the "pointing Laser" statute demonstrates the legislature's intent to supersede the judge-made "intangible substance" touching crime recognized in Adams. What argument will defense counsel make to support this position, and what counter-arguments will the prosecutor make in reply?
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