Reference no: EM133638278
Background: Holland has been down to the Law Clinic and has returned with several new cases/clients; Wanda and the doorman from the 7-Seas Bar/Grill, Wanda, who has been charged with malicious destruction of a sports car, admits to causing the damage after seeing herself on the security camera video but claims she had no idea what she was doing. Toby also admitted he punched this guy in the face (there were lots of witnesses) but only after he was assaulted and severely provoked. Holland wants you to analyze the facts in these cases and report whether there is a viable defense for Wanda.
Facts: Holland already assigned the case to one of the firm's investigators. This is what she discovered after speaking with Wanda, Bernard, and Toby and the police, as well as viewing the security camera footage.
After they had had several exchanges on social media, Wanda agreed to meet Toby at the 7-Seas Bar/Grill . At the bar they enjoyed several drinks and an oyster platter. When Toby was interviewed by the firm's investigator he admitted that he dumped a "date-rape" drug into Wanda's third cocktail. Toby said he had never done this before, but he had been told the drug will affect her judgment and lower her inhibitions to the extent she would not be able to overcome his sexual advances. By the time Wanda had consumed the drug laced drink, Toby was so intoxicated himself that he could hardly stand at the bar.
Wanda was unimpressed with Toby's demeanor and decided to leave. Toby was too drunk to stop her. As Wanda approached her car, she saw a Jaguar parked next to her. Using her apartment key, Wanda defaced the entire side of the sports car before she got into her own car and drove away. She is clearly visible in the overhead security camera.
Toby had one more drink, then paid his tab and left the bar. Outside he spotted the doorman who has given him a hard time in the past. Walking up behind him, Toby unzips his fly and urinates on the doorman's back and legs. Retaliating, the doorman (Bernard) punched Toby, breaking his nose and several teeth.
Police arrived and investigated the events of the evening. Identified on a security camera, Wanda was charged with malicious destruction of property. Toby and the doorman were both charged with assault; Toby's charge is second degree assault and the doorman's is first degree assault. Both Bernard and Wanda came to the Law Clinic for help.
Instructions:
Analyze the facts in Wanda's and Bernard's cases separately, and do a summary report for Holland, analyzing whether there is a logical defense for either client can claim.
The report must address the following:
Start with a brief summary of the facts, then:
1. Identify and explain a defense you recommend for Wanda's case.
2. Explain and discuss why you recommend this defense for Wanda.
3. Evaluate and discuss whether the defense is likely to be successful for Wanda and why or why not.
4. Identify and explain a defense you recommend for Bernard's case.
5. Explain and discuss why you recommend this defense for Bernard.
6. Evaluate and discuss whether the defense is likely to be successful for Bernard and why or why not.