Reference no: EM133659890

Assignment:

After several meetings with Will, he has become more comfortable talking to you about the case, and during a meeting at the prison, he asks about Lennie Lewis. You tell him that Lennie accepted a plea bargain and is already in prison, where he will spend the next 20 years. Will is quiet for a moment, then tells you he hasn't been completely honest with you. He goes on to tell you that a few years back, he had obtained a fake identification from Lennie so he could buy cigarettes, and somehow that was the age that was recorded by the police when he was arrested. You ask him his age, and he tells you he is not 19 years old, but is only 15. He then tells you that he was drinking with friends when Lennie called and demanded he picks them up after the robbery, and Lennie said if Will didn't come right away, Lennie would have someone "hurt" Will's little sister.

You return to the law office and read the transcript from Lennie's grand jury, and you see that the kidnapped guard had testified that Will had confided in him that he was sorry for what he was doing and that Will had mentioned the threats against his sister. The guard further said that Will kept drinking from what seemed to be a flask and that his speech was slurred, and that he stumbled while walking.

As you sit down and discuss all these findings with attorney DeBee, she instructs you to file a Motion to Dismiss the charges against Will based on your state's laws relating to infancy, intoxication, and duress. Using the applicable law and cases that have dealt with this issue in this state, Motion to Dismiss, along with a Memorandum in Support of your Motion, that examines the following:

• In the Motion, explain to the court the applicable statute or case law that is the basis for the Motion.
• In the Memorandum, analyze how the law applies to the facts of this case.
• Apply the law to the facts to illustrate and justify why Will Davis should not be charged based on those defenses.

Be sure to refer to at least one current case for each issue in your memorandum of law and that all citations are correct pursuant to The Bluebook. Prepare the Motion and Memorandum of Law for my signature.