Cj 227 case study unit 9

 

Unit 9 Assignment: Final Paper
The following case study presents issues related to the collateral proceedings in a
criminal defense case.

Brook wanted to rob the First National Bank located in Newport Beach, Orange County,
California. When Hurst found out about Brook’s plan, Hurst asked to join in too as long
as no weapons were going to be used. Brook assured Hurst that no weapons would be
used. During the robbery, Brook pulled out a gun and pointed it at a teller who was not
cooperating in handing over the cash in the teller’s drawer. Hurst did not see Brook pull
the gun on the teller. After they had left the bank and were driving away, Brook remarked
to Hurst that bringing the gun was a great idea as it made the difference with the teller
handing over the cash. Hurst said to Brook, “You said no guns, let me out of the car
now.” Brook told Hurst that they were not going to stop anywhere until they were safely
in Arizona. Brook and Hurst proceeded non-stop to Nogales, Arizona.
Upon arrival in Nogales, Arizona, Brook and Hurst divided the money from the bank and
went their separate ways. Hurst left and met a friend, Solana, but told Solana nothing
about the bank robbery. The next day, Brook went across the border into Mexico. Based
on a tip, the officers from the Nogales Police Department arrested Hurst and Solana
booking both on suspicion of bank robbery. During the interrogation, Hurst told the
Nogales police that Brook had fled to Mexico. Solana advised the Nogales police that he
had nothing to do with the crime, but the Nogales police have refused to release Solana.
The Nogales police advised Mexican authorities who promptly located Brook and
arrested him.
In a 1–2-page paper (excluding the title page and reference page), discuss the following
questions, explaining your answers in detail by analyzing the facts presented and other
factors you consider relevant; defining and explaining key legal terms and principles; and
citing legal authority (your text and other legal authority) to support your conclusions.
Note: Please answer the following based on general principles of procedure, not
jurisdiction-specific laws or statutes.
1. What procedural steps must the Orange County prosecutor take to extradite Hurst from
Arizona?
2. What procedural steps must the Orange County prosecutor take to extradite Brook from
Mexico?
3. Solana files a writ of habeas corpus in the proper Arizona Court. How should the court
rule? Why?
Note: This Assignment will require outside research. Use at least two credible sources
beyond the text material, and discuss how you evaluated the credibility of the resources
used. You may consult the Library, the internet, the textbook, course material, and any
other outside resources in supporting your task. Use proper citations in APA style.
 The paper should contain a cover page and a list of references in APA format.
 All internal citations of outside sources plus the listing of all references should also
adhere to APA format. 

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