Capella University Teddy Washburns Gun Memo Paper Attached the scenario and also attached the example of the 2 page response in legal memo format sample Te

Capella University Teddy Washburns Gun Memo Paper Attached the scenario and also attached the example of the 2 page response in legal memo format sample Teddy Washburn’s Gun
In his prime, Gorilla Morrell was often on the bill at Friday Night Wrestling. Now he is reduced
to hanging around Washburn’s Weights Room & Gym, which is next door to Washburn’s Bar &
Grill. Gorilla is good for Teddy Washburn’s business because customers in the Weights Room
try to take Gorilla on. When this happens, customers from the Bar wander into the Weights
Room to watch. There they order more drinks, which Washburn passes through a hole he has cut
through the wall. Afterward, Gorilla, his adversary, and the spectators tend to adjourn back to the
Bar, where the spirit of conviviality usually leads to games of billiards accompanied by further
orders of food and drink.
Washburn has let Gorilla build up a bill of $283.62, dating back over several weeks. Last night,
they had words over the matter. Gorilla took a swing at Washburn, who came out from behind
the bar and chased Gorilla out into the street. There Gorilla took another swing at Washburn, and
Washburn, demanding his money, pulled out a gun (which he bought and for which he has a
Gorilla grabbed for the gun, but it fell out of Washburn’s hand, sliding five or six feet along the
sidewalk and coming to rest at the feet of Snare Drum Bennett, a mechanic who was returning
from work. Bennett happened onto this scene only in time to hear Washburn demand money and
to see him pull out the gun and have it knocked from his hand.
Bennett, Washburn, and Gorilla looked at the gun, then at each other, and then at the gun again.
Finally, Bennett crouched down, picked up the gun, checked to make sure the safety was on, and
put it in her coat pocket. “Washburn,” she said, “you haven’t paid me yet for the front end work I
did on your car.”
“I will,” said Washburn.
“It’s $575,” said Bennett, “and it’s been three weeks. I think you should go back inside. You
ought to pay your own debts before you accuse other people of welshing out on you.”
“How can I pay you,” exclaimed Washburn, “if he won’t pay me?”
“That’s your problem,” said Bennett, “I’m holding onto the gun. You can’t seem to handle it right
now, and I want my money.”
At that point, Gorilla clobbered Washburn in the face and sent him staggering. Bennett turned
around, walked a half-dozen steps, and began to turn into a dark alley. Washburn started to get
up, called out “Hey, you!” and took a step in Bennett’s direction. Bennett took the gun from her
coat, pointed it at Washburn, smiled, and said, “Back off, bucko.”
Washburn froze, and Bennett walked into the alley. As soon as she was out of sight, she dropped
the gun into an open but full trash dumpster. The dumpster belongs to a grocery store and is
about five feet inside the alley, which in turn is about twenty feet from the front door of
Washburn’s bar.
An hour or so later, the police came to Bennett’s home and arrested her for robbing Washburn of
his gun. Bennett told them where she had dropped it. The police went straight to the dumpster
but found nothing inside, not even the trash that had muffled the gun’s fall.
Criminal Code § 10: No person shall be convicted of a crime except on evidence proving guilt
beyond a reasonable doubt.
Criminal Code § 302: A person commits robbery by taking, with the intent to steal, the property
of another, from the other’s person or in the other’s presence, and through violence or
intimidation. A person does not commit robbery if the intent to steal was formed after the taking.
The defendant had worked for the Royal Guano company for two and a half days when he was
fired. He demanded his wages but was told that he would have to wait until Saturday, which was
payday. He was ordered off the premises and left. After a few hours, he returned with a gun,
found the shift foreman, and demanded his wages again. The foreman told him to come back on
Saturday. (The company agrees that it owed the defendant wages, but insists that he wait until
payday to receive them.) When the foreman refused, the defendant showed the gun and
demanded again. The foreman then paid the amount the defendant requested.
An intent to steal is an intent to deprive the owner permanently of his property. There is no intent
to steal if the defendant in good faith believes that the property taken is the defendant’s own
property and not the property of somebody else.
The defendant could reasonably have supposed that he was entitled to his pay when his
connection with the company was severed. He was wrong because the money was the property
of the company until the company paid it to him. But he acted in good faith and therefore did not
have the intent to steal (although he may be guilty of crimes other than robbery).
We reverse the defendant’s conviction for robbing Mrs. Lillie Priddy.
Although there was evidence that the defendant assaulted Mrs. Priddy, that alone does not prove
robbery. Mrs. Priddy testified as follows: She was walking along a road and came upon the
defendant, who struck her so that she lost consciousness. After a minute or two, her mind
cleared, and she saw the defendant standing in the road and her purse on the ground about five
feet from each of them. The contents of the purse were spilled out on the ground. She kicked him
and ran, never seeing her purse again.
The issue is whether there was a “taking” sufficient to support a charge of robbery. A taking is
the securing dominion over or absolute control of the property. Absolute control must exist at
some time, even if only for a moment.
If Mrs. Priddy was unconscious, she could not know whether the defendant ever had control of
her purse, or whether it simply fell to the ground and was later taken away by someone else.
None of its contents were found in the defendant’s home. The testimony showed a very violent
assault and battery upon her by the defendant, but does not establish a robbery.
The defendants overpowered and disarmed the complainant of his knife. He had surprised them
after they broke into his gas station. With the complainant’s knife (but not the complainant), they
got into their car and drove off. Later, the police found the defendants standing by their wrecked
car. The complainant’s knife was on the ground nearby. The defendants were convicted of
To convict for robbery, the defendant must have intended permanently to deprive the
complainant of the taken property. If a defendant takes another’s property for the taker’s
immediate and temporary use with no intent permanently to deprive the owner of his property, he
is not guilty of robbery.
It would be unreasonable to assume that the defendants, fleeing from arrest for the crime of
breaking into the gas station, had any expectation of returning the knife. They would have been
captured if they had tried. For the purpose of decision here, we assume that defendant took the
knife “for temporary use” and that after it had served the purpose of escape, they intended to
abandon it at the first opportunity lest it lead to their detection. That, however, would leave the
complainant’s recovery of his knife to mere chance and thus constitute a reckless exposure to loss
that is consistent with an intent permanently to deprive the owner of his property. In abandoning
it, the defendants put it beyond their power to return the knife. When, in order to serve a
temporary purpose of one’s own, one takes property (1) with the specific intent wholly and
permanently to deprive the owner of it, or (2) under circumstances which render it unlikely that
the owner will ever recover his property and which disclose the taker’s total indifference to his
rights, one takes with the intent to steal.
Legal Memorandum Format Sample
On the following pages is a legal memorandum formatted the way your memos in this class
should be formatted. The substance of this memo comes from Appendix A of the Wellford text.
The formatting follows the “Visual Rhetoric” instructions on pages 57-59 of this Supplement.
We will refer to this memo frequently throughout the semester as an example of the various
components of legal analysis.
The purpose of including the memo in this supplement is only to demonstrate how your memos
should be formatted. Pay particular attention to the following features of this memo:
the spacing and content of the heading (in particular, notice that the information in
each field – to, from, re, date – is tabbed so that each piece of information lines up
vertically with the other pieces)
the Arial, bold typeface of the document heading as well as the headings of all
sections of the memo
the page numbering at the bottom of each page after the first
the single-spacing of the Question Presented and Short Answer and the doublespacing of the rest of the memo (your open memos will have more than one
Question Presented and Short Answer – in that case, single space within each
Question and Answer, but double-space between each Question and Answer)
the left justification rather than full justification (full justification alters the
spacing of citations)
If you are not familiar with formatting documents in WordPerfect or Word, you should consult
the formatting instructions at the back of this supplement. All formatting is designed to
maximize reader understanding of your work as described in “Visual Rhetoric: Enhancing
Reader Comprehension with Graphic Design.” As the issues and, therefore, the formatting of
your documents becomes more complex toward the end of the semester, we will return to this
issue of reader comprehension and graphic design again.
Chief of Felony Prosecutions
Assistant Prosecutor
Gerry Arnold case – Residential Burglary Prosecution
August 28, 2005
Question Presented
Is a detached garage a “living quarters” in which the owners actually reside under Illinois’
Residential Burglary Statute, when it has been converted into a retreat for the owners’ collegeage son, who uses it on a weekly basis as a get-a-way and sleeps there half the year, although the
retreat does not have plumbing facilities?
Short Answer
Yes. A detached garage used as a retreat and seasonal sleeping place is a “living quarters” under
the statute. The owner frequently and regularly uses the garage for residential activities
associated with a living quarters. The garage is furnished to reflect that use.
Statement of Facts
On August 20, 2005, Defendant, Gerry Arnold, broke into Carl and Rita Stripe’s two-car
detached garage and removed some of their personal property. The State has charged Arnold
under the Residential Burglary Statute. Arnold’s attorney has moved to dismiss the charge,
contending that the Stripe’s garage is not a “dwelling” within which the Stripes “reside,” as
required by the statute.
The garage is located approximately thirty feet behind the Stripe home. The Stripes have
converted two-thirds of the garage into quarters for the couple’s college-age son, Michael Stripe,
to use as a get-a-way. They have walled-off that section of the garage from the section that stores
the family car. The converted section of the garage has a window and a locked door.
Michael spends two to three evenings a week and his free time on weekends in the get-away, writing and listening to music and watching television. In addition, Michael is the lead
singer of a band, R.E.N., that plays once a month in clubs around town. The band practices in
the garage on Sunday mornings and stores some of their equipment there. During the summer
and fall when his parents are in town, Michael sleeps in the garage on a futon in a loft area.
When his parents travel to Florida during the winter and spring, Michael sleeps in the house.
The garage is equipped to accommodate Michael’s interests. In addition to the futon, the
garage contains an expensive sound system, a portable five-inch television, and a minirefrigerator. The garage has electricity and a space heater, but no running water or heat.
The Stripe garage is a dwelling under Illinois’ Residential Burglary Statute (the
“Statute”). To prosecute Arnold successfully under the State, the State must prove that Arnold
“knowingly and without authority enter[ed] the dwelling place of another.” 720 Ill. Comp. Stat.
§ 5/19-3 (2000) (emphasis added). There is no real dispute that Arnold “knowingly” entered the
Stripe’s garage or that his entry was “without authority.” Whether the garage is a “dwelling
place” is more problematic. The Statute defines a dwelling as “a house, apartment, mobile home,
trailer or other living quarters in which . . . the owners or occupants actually reside. . . .” 720 Ill.
Comp. Stat. § 5/2-6(b) (2000) (emphasis added). This memorandum addresses whether the
Stripe garage is a “living quarters” in which Michael Stripe “actually resides.”
The Stripe’s garage is a “living quarters” in which Michael Stripe “actually resides.”
When determining whether a structure is a living quarters, courts evaluate the type of activities
for which the owners use the structure, as well as the frequency of those activities and physical
evidence of those activities. A structure is considered a dwelling when the owners frequently use
the structure for activities that occur in a living quarters, and the furnishings reflect that use.
People v. McIntyre, 578 N.E.2d 314 (Ill. App. Ct. 1991). Although a structure’s attachment to
the main residence is also relevant, physical attachment to the primary residence is not necessary.
See People v. Thomas, 561 N.E.2d 57 (Ill. 1990). Therefore, a structure used as an extension of
the home’s living quarters may be a dwelling even though it is not physically connected to the
primary residence. Because Michael Stripe frequently and regularly uses the Stripe garage as a
living quarters, it satisfies the statutory definition of “dwelling.”
An enclosed, attached porch frequently used as part of the home’s living quarters is a
dwelling under the residential burglary statute. In People v. McIntyre, the owners used an
attached, screened porch for “sitting, eating and cooking.” 578 N.E.2d at 315. They ate most of
their meals on the porch in the summer and cooked meals there four or five times a week in the
winter. The owners furnished the porch with wrought-iron furniture and a barbecue grill that
reflected its use. The porch was enclosed, locked, and attached to the home. The court held that,
under these facts, the porch was a “living quarters” under the Statute. Id.
The court reasoned that the owners used the porch as part of their living quarters by
engaging in such activities as “sitting, eating, and cooking.” Id. In addition, the owners regularly
used the porch in this manner and furnished the porch with furniture and a grill that reflected
such use. The court also observed that the porch was enclosed and attached to the house,
indicating that the porch’s physical attachment to the house was a relevant factor. However, the
court emphasized that it was the activities of “sitting, eating, and cooking” that “make the porch
part of the living quarters of the house.” Id.
On the other hand, where a structure is attached, but used only for commercial, rather
than residential activities, it is not a living quarters. People v. Thomas, 561 N.E.2d 57 (Ill. 1990).
In Thomas, a garage was attached to a multi-unit apartment building. All of the garages and
apartment units shared the same roof. The owner used the garage to park her car and to store
large quantities of perfume for a commercial business. The court held that the attached garage,
“at least in this instance,” was not a living quarters. Id. at 58.
The court implicitly reasoned that a garage used only to store products for sale in a
commercial business is not a living quarters, even when attached to the owner’s apartment
building. However, the court left open the possibility that a garage could, given the appropriate
use as a living quarters, constitute a dwelling under the Statute. The court reasoned that “an
attached garage is not necessarily a ‘dwelling’ within the meaning of the residential burglary
statute.” Id. (emphasis added). That language implies that a garage, appropriately used as a
residence or living quarters, could be a dwelling under the statute. See also People v. Silva, 628
N.E.2d 948, 953 (Ill. App. Ct. 1993) (noting that Thomas left open the possibility for a garage to
be a dwelling under the statute).
Like the porch in McIntyre, Michael Stripe used the Stripe’s garage for activities
commonly associated with a living quarters. Like the activities of “sitting, eating and cooking”
in McIntyre, Michael Stripe’s use of the garage for playing and listening to music, watching
television, and eating snacks are uses commonly associated with a living quarters. In addition,
Michael Stripe’s use of the garage as a sleeping quarters during the summer and fall only
strengthens the argument that the garage is a dwelling under the Statute. Unlike the McIntyre
activities of barbecuing, eating, and sitting, which can occur outside of a dwelling, sleeping is an
activity uniquely associated with a living quarters. Moreover, Michael Stripe’s use of the garage
is clearly distinguishable from Thomas, where the owner used the garage only for storage
In addition, like the owners in McIntyre, Michael Stripe furnished the garage in a manner
that reflects its use as a living quarters. Like the grill and wrought-iron furniture in McIntyre,
Michael Stripe’s sound system, small t.v., mini-refrigerator, and futon reflect that he uses the
garage for activities typically associated with a living quarters. Again, the furnishings are a far
cry from the garage in Thomas, which housed only the owner’s car and boxes of commercial
products for sale.
Finally, the frequency of Michael’s use of the garage as a living quarters is also similar to
the use of the porch in McIntyre. Michael spends at least two to three evenings a week and his
spare time on weekends in his get-a-way. During the summer and fall, he sleeps there seven
nights a week. Michael’s regular and frequent use far exceeds the owner’s limited, occasional
use of the garage in Thomas to retrieve her car or perfume products from storage. In fact, in
August when the garage was burglarized, Michael’s frequency of use even exceeded that of the
owners in McIntyre, who used the porch only four to five times a week.
Defendant may argue that, despite Michael Stripe’s frequent use of the garage for
activities associated with a living quarters, the garage’s physical detachment from the Stripe’s
home prevents it from being a “living quarters” in which the owners “reside.” Under this theory,
the defendant would argue that the garage, standing alone, is not a living quarters in which
anyone resides. The garage has no running water, bathroom facilities or heat. Thus, the garage’s
status as a dwelling is dependent upon whether it can reasonably be viewed as an extension of the
Stripe family’s living quarters within the home itself. The defendant would argue that the fact
that the McIntyre porch was physically attached to the family’s home was essential to the court’s
holding. Only because it was physically attached to the home could the porch reasonably be
viewed as an extension of the family’s living quarters. In contrast, the Stripe’s garage stands
thirty feet away from their residence.
While having some merit, this argument should fail. Although the McIntyre court did
note that the porch was physically “attached and enclosed,” it concluded that it was the owners’
“activities” and use of the porch that made the porch “part of the living quarters of the house.”
578 N.E.2d at 314. Thus,…
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