The lecture notes are here and the livechat is here.
Thank you all for a great semester. Today we will go over the sample exam question, the sample answer question, and questions people emailed me in advance. After that, I will take questions, but they must be somewhat focused, and show me that you have already worked through an answer. I will not take “Can you explain this topic…” type questions today.
Who do you choose?
JUSTICE SCALIA: I thought that’s what you just said to Justice Breyer.
JUSTICE BREYER: I did too . . . . But now, I don’t think you can have it both ways between answering these questions.
JUSTICE SCALIA: Him or me? You have to choose. (Laughter.)
MR. BOWKER: Mr. Chief Justice, I need your help on -
CHIEF JUSTICE ROBERTS: You can always choose me, too.
From oral arguments in 12-10. Agency for Int’l Development v. Alliance for Open Society Int’l, Inc.
Sources said the bombers had carjacked a Mercedes SUV, then used the driver’s ATM card to take out $800.
They drove to a Shell station, where Dzhokhar Tsarnaev grabbed a bunch of junk food while his brother waited outside, sources said.
“He was real calm, just browsing around. No emotion. He was calm like nothing happened,” said station owner Alan Mednick, who reviewed the security footage before handing it over to police.
Dzhokhar dropped the food — Red Bulls, chips and candy — when the owner caught him trying to shoplift.
That’s when the car owner ran to the Mobil and the bombers drove away.
From, of course, the New York Post.
H/T DJB
That is how Dzhokhar Tsarnaev communicated with the magistrate during his initial appearance today, where a federal magistrate presided in his hospital room. When I was clerking, and a suspect answered a question by nodding, Judge would always say something like, “please say yes or no so the court reporter can keep a proper record.” I suppose here exceptions were made.
Though, at one point, the Defendant apparently said “No” to the question of whether he could afford an attorney.
The magistrate added, “Let the record reflect that I believe the defendant has said, ‘No.'”
The defendant was retained to the custody of the marshalls, with access to counsel.
A probable cause hearing will be held on May 30.