This Competency Assessment assesses the following outcome: CJ227-M5: Describe the collateral proceedings in a criminal defense case. Assignment Instructions Analysis and Application: Collateral Proceedings in a Criminal Defense Case The following case study presents issues related to the collateral proceedings in a criminal defense case. Case Study: Brook wanted to rob the First National Bank located in Newport Beach, Orange County, California. When Hurst found out about Brook’s plan, Hurst asked to join in too as long as no weapons were going to be used. Brook assured Hurst that no weapons would be used. During the robbery, Brook pulled out a gun and pointed it at a teller who was not cooperating in handing over the cash in the teller’s drawer. Hurst did not see Brook pull the gun on the teller. After they had left the bank and were driving away, Brook remarked to Hurst that bringing the gun was a great idea as it made the difference with the teller handing over the cash. Hurst said to Brook, “You said no guns, let me out of the car now.” Brook told Hurst that they were not going to stop anywhere until they were safely in Arizona. Brook and Hurst proceeded non-stop to Nogales, Arizona.  Upon arrival in Nogales, Arizona, Brook and Hurst divided the money from the bank and went their separate ways. Hurst left and met a friend, Solana, but told Solana nothing about the bank robbery. The next day, Brook went across the border into Mexico. Based on a tip, the officers from the Nogales Police Department arrested Hurst and Solana booking both on suspicion of bank robbery. During the interrogation, Hurst told the Nogales police that Brook had fled to Mexico. Solana advised the Nogales police that he had nothing to do with the crime, but the Nogales police have refused to release Solana. The Nogales police advised Mexican authorities who promptly located Brook and arrested him. In a 1–2-page paper (excluding the title page and reference page), discuss the following questions, explaining your answers in detail by analyzing the facts presented and other factors you consider relevant; defining and explaining key legal terms and principles; and citing legal authority (your text and other legal authority) to support your conclusions. Note: Please answer the following based on general principles of procedure, not jurisdiction specific laws or statutes. Answer according to general law as presented in the course materials. Do not draft your answer based on California, or any other jurisdiction specific law. What procedural steps must the Orange County prosecutor take to extradite Hurst from Arizona? What procedural steps must the Orange County prosecutor take to extradite Brook from Mexico? Solana files a writ of habeas corpus in the proper Arizona Court. How should the court rule? Why?

Question I- Eddie Embezzler has worked for Betty Boss for many years as an accountant. During his employment, Eddie has taken thousands of dollars from Betty’s business. As a result, Betty has suffered. Did Eddie violate a criminal law, a civil law, or both? Explain. Question II - Two (2) high ranking managers of Anrun Corp. know that the company’s revenue is rapidly declining. However, at a recent shareholder meeting, they tell the shareholders to expect record profits in the next quarter. Explain the three Blanchard and Peale questions that these two managers should have asked themselves before the shareholders’ meeting. Question III - The appellate court decides that the trial court committed reversible error by including evidence found by law enforcement.  Law enforcement discovered this evidence when committing a Fourth Amendment violation, which should have been excluded at trial.  This inadmissible evidence was the lynchpin of the prosecutor’s case, which resulted in a conviction.  Where does the case go from here? Is the Defendant free to go? Does it go back to the trial court? Does it go all the way up to the Supreme Court? Questions IV - During the course of a divorce proceeding, the judge orders the husband and wife attempt to settle their custody dispute through the mediation process.  During the course of the mediation, the husband tells the mediator that he has secretly been selling marijuana to their children’s friends.  Ultimately, the mediation breaks down and the parties cannot come to a settlement.  During the divorce trial, can the wife introduce the mediator’s testimony as evidence?

Course Competency: Conduct client intakes for new cases.Instructions:Content:The firm has a new client, Abigail Costello. Your supervising attorney has decided to represent Abigail. Ms. Costello has filled out the firm’s standard estate planning questionnaire, but she was hesitant to provide all of the information requested. Your attorney would like you to review the questionnaire provided here , and determine what information still needs to be gathered from Ms. Costello. He would also like to know if there is the possibility that Ms. Costello will need property transfer services from the firm. Finally, your supervising attorney would like for you to research other intake forms (both state planning and property intake forms) and provide suggestions of any additional information or questions that might be helpful to include in the firm’s standard intake form. You should format your responses in memo format.Format:Your legal memo should be two pages in length, with at least three references formatted according to Bluebook standards.Your legal memo should contain the following sections:Heading or CaptionFactsIssue(s) PresentedAnswer to IssueReasoning or DiscussionConclusion