Appellate Drafting Assignment
After a lengthy litigation process, the trial court has ruled on the Scully v. Mulder case in favor of Scully on both counts. Mulder believes the trial court erroneously admitted hearsay evidence that favored Scully and also erroneously excluded evidence that would have favored him. As a result, he wishes to appeal the trial court ruling.
Please prepare a Notice of Appeal.
The notice was filed timely and now the Law Office of (insert your professor's name), P.A. is hard at work preparing the Initial Brief on behalf of Mulder. The brief has two primary arguments:
1. The Trial Court erred by admitting police officer accounts of statements Mulder allegedly made at the scene of the accident because they were statements of sympathy, not excited utterances.
2. The Trial Court erred by treating Mulder's witness, the Cancer Man, as a lay witness and excluding him from giving expert testimony that neither cigarettes nor alcohol is an intoxicant for trained FBI agents.
Mulder will be relying on the following legal authority to support his arguments:
1. Skinner v. Doggett, 889 So. 2d 741 (Fla. 4th DCA 2005)
2. Byers v. Frohike, 912 So.2d 254 (Fla. 2007)
3. Fla. Stat. 90.402
4. Fla. Stat. 90.4026
5. Fla. Stat. 90.702
After Attorney Miller finishes the draft of the statement of jurisdiction, the statement of questions involved, the statement of facts, the argument, and the conclusion, she submits it to you and asks you prepare the following documents:
1. Cover page
2. Table of Contents
3. Table of Authorities