Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Nigel Thornberry is traveling across the country in an RV with his daughter Elisa, who is 24. Nigel owns the RV and it looks just

Nigel Thornberry is traveling across the country in an RV with his daughter Elisa, who is 24. Nigel owns the RV and it looks just like the one pictured below (the circled areas are places mentioned for your convenience). During the trip, Nigel sleeps in the king bed suite and Elisa sleeps on the electrical bed at the back of the RV. As the diagram demonstrates, the King Suite has a closing door, as does the bathroom. There is a sliding, clear-glass door near the pantry that separates the back of the RV. Both Nigel's and Elisa's personal items (toiletries, clothes, etc.) are stored in various places throughout the RV including the "storage" near the bathroom, and the "linen," "wardrobe," and "dresser" marked areas. The "pantry" area is reserved for food only, and the two family members share food. Elisa does most of the cooking, grocery shopping, and manages all of the food kept in the pantry. She also is in charge of cleaning, laundry, and keeping the various storage areas, including the pantry, neat and organized. Nigel does most of the driving. Three weeks into their country-wide road trip, the RV is pulled over by Officer Debbie in Loden (a state of the United States). When the vehicle is stopped, Nigel is driving and Elisa is in the passenger

seat. When Debbie approaches the drivers' side window to ask for Nigel's license and registration, she observes that Elisa seems to be "hi." Trooper Debbie asks if she can have a look around the RV, and Nigel says yes. While searching the RV, Trooper Debbie finds a one gallon Ziplock bag on the back corner of the bottom shelf of the pantry. The bag contains 100 evenly-size "rocks" of crack-cocaine, weighing 100 grams in total. The rocks are not individually wrapped or packaged. The street value of crack is roughly $60 per gram, meaning that the total value of the seized crack is about $6,000. A highly addicted user of crack can smoke up to 3 grams of a day of crack, according to one expert. In addition to the drugs, the bag contained six pipes that could be used to smoke crack. Subsequent testing revealed that all six pipes had a large amount of crack residue on them. Nigel and Elisa were both subsequently arrested. Elisa confesses to the police that she purchased the drugs and brought them with her on the RV. She refuses to say anything more, however. Subsequent drug testing reveals that Nigel is negative for any drugs in his system, but Elisa is positive for crack in her system. Loden State Statute One provides that "Any person who knowingly or intentionally possesses crack shall be punished by imprisonment in the state prison for not less than 3 years." Loden State Statute Two .rovides that "Any person who knowingly or intentionally possesses.with intent to distribute crack shall be punished by imprisonment in the state prison for not less than 10 years."

Considering the cases described below, answer the following Two questions using an IRAC-Style analysis. (1) After hearing all of the above evidence, a jury convicts Nigel of violating Loden State Statute One. Nigel appeals his conviction, claiming that there was insufficient evidence that he possessed the crack found in the RV. Analyze whether Nigel should prevail in his appeal. (2) After hearing all of the above evidence, a jury convicts Elisa of violating Loden State Statute Two. She appeals her conviction, claiming that there was insufficient evidence that she had an intent to distribute the crack in the RV. Analyze whether Elisa should prevail in her appeal. Potentially Relevant caselaw:

please anyone help me . i need or answered within the next 30 mins part a issue and conclusion para 1 rule direct application para 2 application through counter arguments para 3 conclusion para 4 part b issue and conclusion , and rule para 1 direct application and analogising application through counter arguments para2 conclusion. para 3

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Elliott And Quinn's Criminal Law

Authors: Louise Taylor

12th Edition

1292208481, 978-1292208480

More Books

Students also viewed these Law questions

Question

Explain the triple constraint. Why is it so important?

Answered: 1 week ago

Question

Behaviour: What am I doing?

Answered: 1 week ago