2.99 See Answer

Question: Thomas Bowling appeals his convictions in a


Thomas Bowling appeals his convictions in a bench trial [no jury] for capital murder and use of a firearm during the commission of murder. His issues on appeal include (1) whether the trial court erred in prohibiting him from introducing evidence of his mental capacity at the time of the offense, (2) whether the trial court erred in admitting statements made by the victim immediately after the shooting, under the excited utterance exception to the hearsay rule, and (3) whether the trial court erred in admitting statements made by the victim at the hospital, under the dying declaration exception to the hearsay rule.
I
This case arises from a robbery of a Fisca station. The victim, Glenn West, was the manager of the station. On the evening of December 24, 1987 West called 911 and told the operator that he had been shot in the stomach with either a .25 or a .32 and robbed by a black male who ran off in the direction of the cinema. A tape of the call was admitted into evidence.
Mrs. West arrived at the station at 8:25 pursuant to arrangement she had made with West earlier in the day. When she arrived, there were several police vehicles, an ambulance, and medical personnel at the station. West was inside, lying on his back. West was taken out of the station on a stretcher. Mrs. West testified that he was in great pain at the time.
While at the hospital, West told his wife that he could not breathe. He asked her to say a prayer for him and requested a minister, requests that Mrs. West stated were out of character for West since he was not a religious person. West then told her that he was cold and that he could not stand the pain in his stomach.
After Mrs. West wrapped a blanket around him, he wished her a Merry Christmas and told her that the presents for her and their daughter were on the table at the station. Mrs. West told him they would wait Christmas until he got home, but West responded that he would not see Christmas. Mrs. West testified that she begged him not to die. West told her to take care of their daughter and to go on the best that they could. He then called his daughter over, wished her a Merry Christmas, and told her to be strong and take care of her mother.
While West was talking with his daughter, the minister arrived. West told the minister that he wanted to be saved and they prayed together. Mrs. West testified that she had never seen her husband pray before. Shortly thereafter, Officer McCane spoke with West about the robbery at the station.
West was then taken into surgery. He did not regain consciousness after surgery and died at approximately 2:50 a.m. The cause of death was determined to be hemorrhage and shock secondary to a .25 caliber gunshot wound to the abdomen.
While ………………

Required
1. Using Appendix V, find the Federal Rules of Evidence that might have been applicable to the Bowling case. Explain how each could be used.
2. Write a case brief for the Bowling case. Include the facts, issues, rules, analysis, and conclusion.


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2.99

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