Question3.Recommendedtime:45minutes.Pagelimit:Three(3)pages.

OnaFridayevening,StanleyStone andTobias Tripphadbeendrinkingrumandwatching televisionatthehouse of Tobias's brother Bradford. At about 10 p.m., both Tripp brothers and Stanley went for a drive in Bradford's Mustang. While the three men were driving around, they saw Ned Nelson standing in the parking lot of a convenience store. Stanley, who was driving, stopped the car, and he got into a heated argument with Nelson about a rumor Stanley had heard that Nelson was having an affair with Stanley's wife. Stanley was yelling and waving his arms, and appeared to be quite enraged. However, Nelson denied the rumor and the argument subsided. Nelson then got into the Mustang to accompany the other three men to a nearby bar. For the next severalhours,Stanley drove theothersto severalbars,aswellasaliquor storewhere Nelsonbought abottle of vodka that he shared with the others.

Afterafewhours,Stanleydrove toasecludedareaknownasHunter'sRidge.Stanleyparked theMustang,and all of the men sat around a picnic table talking and drinking. At some point, Stanley said to Nelson, "I know you've beenseeingmywife." Stanleythenpunched Nelson;thetwomenstoodupandfoughtuntil Nelsonfell to the ground. Stanley then kicked him eight or ten times.

NeitherTobiasnorBradfordstruckNelson,butneither triedtostopStanleyorotherwisehelpNelson.

AfterStanleystopped kickingNelson,Stanley,Tobias,andBradford gotbackintheMustang anddroveoff, leavingNelson.Astheydrove away, Nelsonbeganpulling himselftohisfeet,usinganearby postto steady himself.

Stanleydrove the Mustangbackto Bradford'shouse.StanleythenaskedtoborrowTobias's Camaro,sayinghe had some "unfinished business" with Nelson. Tobias said, "Sure, man," and handed Stanley the keys.

Stanley drovetheCamarobacktoHunter's Ridge.Whenhearrivedback,hefoundNelsonleaning againstapost. Nelson called out to Stanley, "Too bad you couldn't take care of your wife like a proper man." Stanley walked over to Nelson, knocked him over, and began kicking him again. After Nelson stopped moving, Stanley sat down on a nearby bench, crying as he thought about his wife and Nelson.

Eventually,Stanley putNelson'sbodyinthetrunkoftheCamaro.Laterthenextday,thepolicefound the body in the trunk. The autopsy stated that the cause of death was severe trauma to the head.

Afterajurytrial,Stanleywasconvictedofmurder,defined as"intentionallyorknowinglykilling another

person."Atthetrial,thejudgerefused thedefenseattorney'srequestthatthejurybegiveninstructionsonthe lesser offenses of voluntary manslaughter and involuntary manslaughter and on the defense of intoxication.

Part1:Stanley'sAppeal

Stanley is now appealing his conviction and argues that the trial judge erred by refusing to give the three requested instructions. Assume that a trial judge should give a defendant's requested jury instruction when there is evidence that would support that instruction, viewing the evidence in a light most favorable to the defense. You are a law clerk to one of the appellate judges who is deciding Stanley's appeal,and she hasasked you to compose informal memo addressing the merits of Stanley's arguments. Did the trial judge err by not giving the requested instructions? This jurisdiction has adopted the Model Penal Code/Texas Penal Code definitionsofallhomicideoffenses,exceptthatthepartialdefense ofprovocationreduces murdertovoluntary

manslaughter(rather thanfunctioningasasentencingfactor).ThejurisdictionfollowstheModel Penal Code/Texas Penal Code in all other relevant respects.

Part2:Tobias andBradford

Afteryourclerkshipwiththeappellatejudge,youaccept apositionwiththelocaldistrictattorney'soffice.The

D.A. is considering whether any criminal charges should be brought against Tobias or Bradford for their roles in Nelson'sdeath.TheD.A.hasaskedyoutowriteaninformal memoadvisingherwhetherthe factswouldsupport charging either Tobias or Bradford with any criminal offenses in connection with Nelson's death. The criminal code is the same as for Part 1.