Essay playbook
The Murder Trial
Work through The Murder Trial as a public essay playbook with a fresh Florida-focused fact pattern, scored issues, and a model answer.
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Fact pattern
Defendant Dan is charged with murdering Victor. At trial: 1. DYING DECLARATION: Nurse testifies that Victor, believing he was dying, said: "Dan stabbed me because I slept with his wife." Dan objects. 2. CHARACTER - DEFENDANT: Dan calls his pastor to testify Dan has a reputation for peacefulness. Prosecution objects. 3. PRIOR INCONSISTENT: Witness Wendy testified at grand jury UNDER OATH that she saw Dan stab Victor. At trial, she testifies she didn't see who stabbed Victor. Prosecution offers the grand jury testimony as SUBSTANTIVE evidence. 4. SPOUSAL PRIVILEGE: Dan's wife Wanda heard Dan confess at home in a private conversation. Prosecution subpoenas Wanda to testify about the confession. 5. EXCITED UTTERANCE: Bystander testifies that immediately after the stabbing, a woman screamed "Dan just stabbed that man!"
Scored issues to spot
FL admits dying declarations in ALL criminal cases, not just homicide.
Subject: Evidence | Points: 15
Criminal D may introduce pertinent character trait (peacefulness).
Subject: Evidence | Points: 10
A prior inconsistent statement given under oath at a trial, hearing, other proceeding or deposition, by a declarant who testifies and is subject to cross-examination about it, is SUBSTANTIVE evidence under F.S. 90.801(2)(a) - not merely impeachment. This is NOT a Florida-federal distinction; FRE 801(d)(1)(A) matches it. Florida expressly applies "other proceeding" NARROWLY: under State v. Delgado-Santos, 497 So. 2d 1199 (Fla. 1986), a sworn statement to police does not qualify, while grand jury testimony does.
Subject: Evidence | Points: 20
FL has NO spousal immunity, but DOES protect confidential marital communications. The confession was a private communication.
Subject: Evidence | Points: 20
Statement made under stress of startling event. ADMISSIBLE.
Subject: Evidence | Points: 10