On February 21, 2024 at 1900 hours, Vicki Victim called 911 and reports the following: "my boyfriend Adam Abuser beat me up and is threatening to kill me." The police respond to the residence. Upon arrival Officer Rookie hears a female screaming, "stop hitting me you ass-hole." Officer Rookie knocks on the door and announces, "Police, Open the door!" Officer Rookie hears a scuffle and other sounds he believes is glass breaking and he can hear a woman screaming. Officer Veteran arrives on the scene and he and Officer Rookie pound on the door with a metal flashlight and Yell, "Police Department, Open the goddamn door!"

A male comes to the door and opens it. Officers Rookie and Veteran walk into the apartment and ask the male if anyone else is present. The male responds, "my girlfriend is in the bedroom." Officer Rookie asks the male for identification. The male produces a driver's license in the name of Adam Abuser.

Officer Veteran walks down the hallway into the bedroom where he finds Vicki Victim sitting on the bed crying. Officer Veteran asks what happened and Vicki states that her boyfriend Adam beat her up because she did not have dinner ready when he came home from work. Officer Veteran observes marks and bruises on Vicki's face, and that she has a black eye.

Officer Rookie asks Adam what happened. Adam states that he came home from work and saw a text message on Vicki's phone. Adam states that the text message was from her ex-boyfriend asking to get back together. Adam confronted Vicki about the text message and she told him he was paranoid and that there was nothing to it. Adam then asks Vicki if she was "having sex with him". Vicki got mad and shoved him and called him an ass-hole. Adam said he struck Vicki in self-defense and she ran into the bedroom and called 911 to get him arrested.

Officer Veteran and Officer Rookie confer and decide that Vicki's injuries are too severe to amount to self-defense and that Adam violated state law regarding domestic partner abuse. Officer Rookie arrests Adam. A search contemporaneous to Adam's arrest revealed a small sandwich bag in the coffee table drawer. The sandwich bag contained a brown/green leafy vegetable matter that Officer Rookie recognized as marijuana THC. Officer Rookie seized the suspected marijuana.

Officer Veteran obtains a written statement from Vicki that reads in pertinent part that she was arguing with Adam regarding a text message on her phone and that Adam accused her of cheating on him and Adam called her a whore and beat her up. She managed to run down the hall and dial 911. Vicki stated that she never pushed Adam or hit him at all because she was afraid of Adam and that he had beaten her up before. She stated that they have lived together in the apartment for 6 months.

Officer Veteran took digital photographs of Vicki's injuries. Officer Veteran was concerned that one of the bruises on Vicki's face was severe and called for a Medic Squad. Paramedic Unit 325 arrived and Perry Paramedic conducted an examination of Vicki.

Vicki told Perry that she had an argument with her boyfriend and that he beat her up. Perry Paramedic prepared an EMS Form 1 (medical report) and noted that Vicki had bruises on the left cheek and eye; abrasions on her face and neck consistent with being struck by a hand or fist, and stated that her boyfriend had struck her. Perry Paramedic was concerned that Vicki's respiration was rapid and her blood pressure was elevated. Vicki agrees to be transported via medic squad to the hospital.

Vicki arrives at the hospital and is screened by triage personnel who determine that Vicki is a priority 2 patient (treatment urgent, but not critical). While waiting to see a nurse practitioner, a patient advocate Alice interviews Vicki about her injuries. Vicki relates that she had an argument with her boyfriend and that he beat her up. Alice writes a report documenting that Vicki stated she was beat up by her boyfriend.

Patty, a nurse practitioner examines Vicki and determines that her injuries are not severe. Patty gives Vicki Tylenol for pain and ices her bruise injuries. When Patty asks Vicki what happened, she stated that she had an argument with her current boyfriend and he beat her up. When the police came she got really scared and hyperventilated. Vicki was released from the hospital.

Patty Practitioner prepared a medical report documenting Vicki's injuries and noting that Vicki stated that she had been beaten up by her boyfriend Adam Abuser.

Officer Veteran went to the apartment complex rental office and interviewed the Resident Manager, Randy who provided a copy of the lease. The lease states that the one bedroom apartment is rented to Adam Abuser and Vicki Victim for a term of one year beginning September 1, 2023 until August 31, 2024. The lease also indicated that the tenants' relationship was "Boyfriend/Girl Friend." Furthermore, emergency notifications sections listed one another as emergency contact and Vicki's mother Martha as a contact not residing in the apartment. Both Adam and Vicki signed the lease.

Officer Veteran takes digital images of the apartment including the living room where the alleged assault occurred and images of a broken lamp which had been knocked over during the incident, and the coffee table where the marijuana was found.Also, Veteran took pictures of the bathroom, bedroom, hallway, dining room, and balcony.

At 2000 hours, Officer Veteran knocked on a neighbors' door and located Wendy Witness who said she heard a woman screaming an hour ago and then she heard the police knocking on the door. She looked out her window and saw two police cars and a paramedic squad in the parking lot. Wendy could not provide any additional information. Wendy was not aware of any other problems between the couple.

Officer Rookie booked Adam Abuser charging him with Intimate Partner Violence and possession of marijuana.Officer Rookie asked Adam if he wanted to give more detail regarding what happened between him and Vicki. Adam said, "no I got nothing to say."

Adam Abuser received a bail hearing before Judge Justice who set bail at $5000.00. When Vicki was released from the hospital she called the jail, arranged for a bail bond, and bailed Adam out of jail.

Questions:

As a prosecutor, what evidence would you like to admit at trial? What rules of evidence support admission?

As a defense attorney, what arguments will you make to keep evidence from being introduced?

Identify any and all arguments for and against the admission of evidence. Cite to particular provisions of the Federal Rules of Evidence to support your argument.

The following statutes apply to the scenario.

State of Fiction Criminal Code Article 23.7.6, Intimate Partner Violence:

It shall be a misdemeanor crime for any person to unlawfully assault or batter the intimate partner of another. An intimate partner is any person who cohabitates with another person in a romantic or sexual relationship for 90 days or longer. If convicted, a person may be imprisoned for no more than 10 years.

State of Fiction Criminal Code Article 23.7.7, Intimate Partner Violence; Mutual Combat:

In cases where Intimate Partners are engaged in mutual combat, responding law enforcement officers shall arrest the aggressor.

State of Fiction Criminal Code Article 23.1.1, Assault:

Unlawfully placing another in imminent fear of a battery. Upon conviction, a person may be sentenced to any penalty that is not cruel or unusual.

State of Fiction Criminal Code Article 23.1.2, Battery:

The unlawful harmful or offensive touching of another. Upon conviction, a person may be sentenced to any penalty that is not cruel or unusual.

State of Fiction Criminal Code Article 32.17.3, Possession of Controlled Dangerous Substances:

It shall be a misdemeanor offense for any person to unlawfully possess marijuana THC in any amount less than 28 grams.

State of Fiction v. Johnson, 341, F.2d, 188 (D. Fiction 2002), held that a person possesses stolen property if a person can exercise dominion or control over the property and cannot provide a reasonable explanation that the person did not know the property was stolen.