Goldman Sachs employee who uploaded source code when he left his job. Main question: does source code constitute goods for NSPA?
U.S. v. Aleynikov
Law firm employee steals Trial Plan and emails it to the opposing counsel with offer to sell. Main question: does an intangible item (email) constitute goods for NSPA?
U.S. v. Farraj
Employee for transport company that delivers money between banks and various destinations takes money. Main question: trespassory taking when in lawful possession.
U.S. v. Mafnas
Casino employee steals money from slot machines when he was only allowed access to coin hopper. Main question: Entrustment?
State v. Batin
Law firm computer administrator uses firm credit cards to attempt to transfer money to own account under guise of buying software licenses. Main question: larceny by trick, false pretenses?
People v. Traster
Man meets up with friend in a stolen car. He has hands on car when stopped by police. Main question: receiving stolen goods "receiving" element
State v. McCoy
Student waves laser light at officer's eye, leading to stinging and burning. Main question: offensive touching battery with intangible substance
Adams v. Commonwealth
Man kicks ginger in chest leaving a red mark. Main question: does a red mark count as a bodily injury for bodily injury battery?
State v. Gordon
Man drinks and asks homeowner to drink. When she refuses, he comes after her with an ax. She flees through a door. Main question: is it still assault when act is prevented?
People v. Yslas
Off duty police officer gets in gun fight at gas station. Find out other weapon is full of blanks. Main question: Assault, actual ability or apparent ability?
Commonwealth v. Henson
Passenger points finger at officer and says POW. Main question: Assault when no actual ability to act on violence?
Carter v. Commonwealth
Man stalks woman. Never threatens physical violence. Main question: are his action enough to cause fear of physical violence (objective) and was V actually afraid?
State v. Simone
Woman asleep on couch. Friend's boyfriend rapes her while she is frozen in fear. Main question: insufficient evidence of element of fear of bodily injury?
People v. Iniguez
Facts not described. D wants to use defense of consent for rape, but was barred from doing so at trial. Main question: is this allowed since consent isn't an explicit element?
State v. Koperski
D grabs V on street and leads her to apartment where he rapes her. He claims reasonable mistake as to consent since she didn't fight. Main question: is there support for the reasonable mistake of consent defense?
People v. Mayberry
Boyfriend's brother has sex with woman, posing as the boyfriend. Main question: is sex through fraud rape?
Suliveres v. Commonwealth
14 year old has sex with 12 year old. Main question: can a minor be charged with statutory rape?
In Re G.T.
D killed partner after she was packing her stuff to leave (in front of kids). She was stabbed 49 times. Main question: are mere words enough to give rise to sudden heat for voluntary manslaughter?
Suprenant v. State
Man cleaning gun kills wife in next room when gun "goes off." Main question: sufficient evidence of EIVOHL?
State v. Burley
Man kills terminally ill father in hospital. Main question: evidence for D&P?
State v. Forest
Construction site knife vs gun fight. Main question: is there a duty to retreat?
Brown v. U.S.
Invited guest kills 2 people who broke into house. Main question: does "occupant" cover visitors?
State v. Anderson
War demonstration. Charged with disorderly conduct. Main question: Does "with intent" here mean purposely or knowingly? Bennington, VT
State v. Jackowski
Illegal immigrant uses social security # that belongs to a living person, but claims he didn't know that. Main question: does mental state "knowingly" travel to all elements of statute?
Carjacker steals keys from victim then goes up hill to car. Main question: is it still "from the presence of" when car is out of sight of victim?
U.S. v. Lake
11 year old girl eats a piece of candy without paying. Charged with burglary. Main question: would it be burglary since she "remained" in the store with intent to steal?