SlideShare a Scribd company logo
Note: When formatting this assignment, please do not include
each section on its own page as directed. A line break or two
between sections will suffice and save paper/trees
Review the fact pattern provided below. At this time, Mr. Kant
stands convicted of either petit larceny or shoplifting, as
dictated by your state statutes, and your office has been hired to
handle the appeal. Based on your lessons and reading material
regarding legal analysis and writing, legal research, legal
citation and appellate procedure, prepare the appellate brief
based on relevant statutory and case law from your state of
residence. Proper format is outlined in Statsky Ch. 12 pgs. 600 -
602 and detailed in your state court rules, formbooks, etc.
Thoroughly research the issues involved and address the
statute/s from your state under which Mr. Kant would be
charged and convicted. Locate at least one binding opinion upon
which to base your arguments and apply the opinion in a
thorough and concise manner. You should also apply any
relevant secondary authority that might be used in support of
your arguments. In completing this assignment, please focus on
demonstrating your research, analysis, citation and writing
skills over format of the brief.
Bear in mind that you do not have access to the trial court
record for this assignment, which would not be the case in an
actual law office setting. Therefore, you may embellish the facts
as necessary to fully develop your arguments. Use care,
however, not to allow those embellishments to change the issues
involved.
FACTS:
Sam Kant, stands convicted of shoplifting/petit larceny (as
dictated by your state statutes) from Bilmart, a national
department store. At his wife’s request, Mr. Kant went to
Bilmart on Wednesday, ______, 20___, and purchased a case of
six 4 oz. cans of Hoover’s Baked Beans with Bacon. Upon
returning home, his wife chastised him for once again failing to
purchase what she had requested. Apparently, Mrs. Kant can’t
stand the taste of Hoover’s Beans, but is very fond of the
Handell’s brand, and was planning to serve them to her book
club when she hosted them for lunch the following afternoon.
Mrs. Kant ordered her husband to return to Bilmart to exchange
the Hoover’s beans for Handell’s Beans.
Upon arrival at the store early the next morning, Mr. Kant found
that the line for customer service was extremely long due to
Bilmart’s annual sponsorship of a major community food drive.
In an effort to save time, and thinking the line might be shorter
upon his return, Mr. Kant placed the case of Hoover’s beans
into a shopping cart, made his way through the store to the bean
shelf, and then added the Handell’s beans to the cart. However,
upon his return, the line had not diminished and it was obvious
that Sam would be waiting a considerable amount of time to
formalize the exchange. Fearing the wrath of his wife should he
not return in time for lunch, Sam placed the case of Hoover’s
beans inside a cart filled with what appeared to be merchandise
returns in need of re-stocking. With the desired Handell’s beans
in the shopping cart, Mr. Kant then proceeded to the store’s
exit. As he neared the doors, Mr. Kant was approached and
detained by store security, who witnessed Sam’s actions, and
police were called to the store. Apparently, the cart into which
Sam had placed the Hoover’s Beans did not contain returned
items to be shelved, but rather, donations to the Bilmart
Community Food Drive. Officers Kopp and Slickman
questioned Mr. Kant and then cited him for Shoplifting.

More Related Content

More from gabriellabre8fr

One paragraphData Information Decision  Please respond to the fo.docx
One paragraphData Information Decision  Please respond to the fo.docxOne paragraphData Information Decision  Please respond to the fo.docx
One paragraphData Information Decision  Please respond to the fo.docx
gabriellabre8fr
 
ONE PARAGRAPHThe American Historical Association defines histor.docx
ONE PARAGRAPHThe American Historical Association defines histor.docxONE PARAGRAPHThe American Historical Association defines histor.docx
ONE PARAGRAPHThe American Historical Association defines histor.docx
gabriellabre8fr
 
One page only pleaseActivity ContextThis discussion helps you .docx
One page only pleaseActivity ContextThis discussion helps you .docxOne page only pleaseActivity ContextThis discussion helps you .docx
One page only pleaseActivity ContextThis discussion helps you .docx
gabriellabre8fr
 
one page  5 paragraph .You’re going to be talking about idea of .docx
one page  5 paragraph .You’re going to be talking about idea of .docxone page  5 paragraph .You’re going to be talking about idea of .docx
one page  5 paragraph .You’re going to be talking about idea of .docx
gabriellabre8fr
 
one page 300 words due in 4 hours from now,Your supervisor, Ms..docx
one page 300 words due in 4 hours from now,Your supervisor, Ms..docxone page 300 words due in 4 hours from now,Your supervisor, Ms..docx
one page 300 words due in 4 hours from now,Your supervisor, Ms..docx
gabriellabre8fr
 
One of the very first cases that caught Freud’s attention when he wa.docx
One of the very first cases that caught Freud’s attention when he wa.docxOne of the very first cases that caught Freud’s attention when he wa.docx
One of the very first cases that caught Freud’s attention when he wa.docx
gabriellabre8fr
 
one page 300 words due in 6 hours from now,Your supervisor, Ms..docx
one page 300 words due in 6 hours from now,Your supervisor, Ms..docxone page 300 words due in 6 hours from now,Your supervisor, Ms..docx
one page 300 words due in 6 hours from now,Your supervisor, Ms..docx
gabriellabre8fr
 
One page paper. The topics are Tributary Systems, Slavery and the .docx
One page paper. The topics are Tributary Systems, Slavery and the .docxOne page paper. The topics are Tributary Systems, Slavery and the .docx
One page paper. The topics are Tributary Systems, Slavery and the .docx
gabriellabre8fr
 
one or two paper due Sunday here is the instructionCozy Val.docx
one or two paper due Sunday here is the instructionCozy Val.docxone or two paper due Sunday here is the instructionCozy Val.docx
one or two paper due Sunday here is the instructionCozy Val.docx
gabriellabre8fr
 
one page lab report on Co2 emmisions on my environmental science. T.docx
one page lab report on Co2 emmisions on my environmental science. T.docxone page lab report on Co2 emmisions on my environmental science. T.docx
one page lab report on Co2 emmisions on my environmental science. T.docx
gabriellabre8fr
 
One of the things we do in IT is use technology to match people up. .docx
One of the things we do in IT is use technology to match people up. .docxOne of the things we do in IT is use technology to match people up. .docx
One of the things we do in IT is use technology to match people up. .docx
gabriellabre8fr
 
One of the most contentious issues that divide conservatives and lib.docx
One of the most contentious issues that divide conservatives and lib.docxOne of the most contentious issues that divide conservatives and lib.docx
One of the most contentious issues that divide conservatives and lib.docx
gabriellabre8fr
 
One of the most common questions the general public asks about intim.docx
One of the most common questions the general public asks about intim.docxOne of the most common questions the general public asks about intim.docx
One of the most common questions the general public asks about intim.docx
gabriellabre8fr
 
Once an individual has become a victim of a crime, there is the myst.docx
Once an individual has become a victim of a crime, there is the myst.docxOnce an individual has become a victim of a crime, there is the myst.docx
Once an individual has become a victim of a crime, there is the myst.docx
gabriellabre8fr
 
On which issue are the stage theories of Erikson and Piaget in agr.docx
On which issue are the stage theories of Erikson and Piaget in agr.docxOn which issue are the stage theories of Erikson and Piaget in agr.docx
On which issue are the stage theories of Erikson and Piaget in agr.docx
gabriellabre8fr
 
On October 1, 2015, Santana Rey launched a computer services company.docx
On October 1, 2015, Santana Rey launched a computer services company.docxOn October 1, 2015, Santana Rey launched a computer services company.docx
On October 1, 2015, Santana Rey launched a computer services company.docx
gabriellabre8fr
 
On Monday, February 29, 2016 301 PM, [email protected] [.docx
On Monday, February 29, 2016 301 PM, [email protected] [.docxOn Monday, February 29, 2016 301 PM, [email protected] [.docx
On Monday, February 29, 2016 301 PM, [email protected] [.docx
gabriellabre8fr
 
On January 28, 1986, the Space Shuttle Challenger was destroyed upon.docx
On January 28, 1986, the Space Shuttle Challenger was destroyed upon.docxOn January 28, 1986, the Space Shuttle Challenger was destroyed upon.docx
On January 28, 1986, the Space Shuttle Challenger was destroyed upon.docx
gabriellabre8fr
 
On January 1, 2014, Lennon Industries had stock outstanding as follo.docx
On January 1, 2014, Lennon Industries had stock outstanding as follo.docxOn January 1, 2014, Lennon Industries had stock outstanding as follo.docx
On January 1, 2014, Lennon Industries had stock outstanding as follo.docx
gabriellabre8fr
 
On December 1, 2016, Geneva Jordan opened her new business with the .docx
On December 1, 2016, Geneva Jordan opened her new business with the .docxOn December 1, 2016, Geneva Jordan opened her new business with the .docx
On December 1, 2016, Geneva Jordan opened her new business with the .docx
gabriellabre8fr
 

More from gabriellabre8fr (20)

One paragraphData Information Decision  Please respond to the fo.docx
One paragraphData Information Decision  Please respond to the fo.docxOne paragraphData Information Decision  Please respond to the fo.docx
One paragraphData Information Decision  Please respond to the fo.docx
 
ONE PARAGRAPHThe American Historical Association defines histor.docx
ONE PARAGRAPHThe American Historical Association defines histor.docxONE PARAGRAPHThe American Historical Association defines histor.docx
ONE PARAGRAPHThe American Historical Association defines histor.docx
 
One page only pleaseActivity ContextThis discussion helps you .docx
One page only pleaseActivity ContextThis discussion helps you .docxOne page only pleaseActivity ContextThis discussion helps you .docx
One page only pleaseActivity ContextThis discussion helps you .docx
 
one page  5 paragraph .You’re going to be talking about idea of .docx
one page  5 paragraph .You’re going to be talking about idea of .docxone page  5 paragraph .You’re going to be talking about idea of .docx
one page  5 paragraph .You’re going to be talking about idea of .docx
 
one page 300 words due in 4 hours from now,Your supervisor, Ms..docx
one page 300 words due in 4 hours from now,Your supervisor, Ms..docxone page 300 words due in 4 hours from now,Your supervisor, Ms..docx
one page 300 words due in 4 hours from now,Your supervisor, Ms..docx
 
One of the very first cases that caught Freud’s attention when he wa.docx
One of the very first cases that caught Freud’s attention when he wa.docxOne of the very first cases that caught Freud’s attention when he wa.docx
One of the very first cases that caught Freud’s attention when he wa.docx
 
one page 300 words due in 6 hours from now,Your supervisor, Ms..docx
one page 300 words due in 6 hours from now,Your supervisor, Ms..docxone page 300 words due in 6 hours from now,Your supervisor, Ms..docx
one page 300 words due in 6 hours from now,Your supervisor, Ms..docx
 
One page paper. The topics are Tributary Systems, Slavery and the .docx
One page paper. The topics are Tributary Systems, Slavery and the .docxOne page paper. The topics are Tributary Systems, Slavery and the .docx
One page paper. The topics are Tributary Systems, Slavery and the .docx
 
one or two paper due Sunday here is the instructionCozy Val.docx
one or two paper due Sunday here is the instructionCozy Val.docxone or two paper due Sunday here is the instructionCozy Val.docx
one or two paper due Sunday here is the instructionCozy Val.docx
 
one page lab report on Co2 emmisions on my environmental science. T.docx
one page lab report on Co2 emmisions on my environmental science. T.docxone page lab report on Co2 emmisions on my environmental science. T.docx
one page lab report on Co2 emmisions on my environmental science. T.docx
 
One of the things we do in IT is use technology to match people up. .docx
One of the things we do in IT is use technology to match people up. .docxOne of the things we do in IT is use technology to match people up. .docx
One of the things we do in IT is use technology to match people up. .docx
 
One of the most contentious issues that divide conservatives and lib.docx
One of the most contentious issues that divide conservatives and lib.docxOne of the most contentious issues that divide conservatives and lib.docx
One of the most contentious issues that divide conservatives and lib.docx
 
One of the most common questions the general public asks about intim.docx
One of the most common questions the general public asks about intim.docxOne of the most common questions the general public asks about intim.docx
One of the most common questions the general public asks about intim.docx
 
Once an individual has become a victim of a crime, there is the myst.docx
Once an individual has become a victim of a crime, there is the myst.docxOnce an individual has become a victim of a crime, there is the myst.docx
Once an individual has become a victim of a crime, there is the myst.docx
 
On which issue are the stage theories of Erikson and Piaget in agr.docx
On which issue are the stage theories of Erikson and Piaget in agr.docxOn which issue are the stage theories of Erikson and Piaget in agr.docx
On which issue are the stage theories of Erikson and Piaget in agr.docx
 
On October 1, 2015, Santana Rey launched a computer services company.docx
On October 1, 2015, Santana Rey launched a computer services company.docxOn October 1, 2015, Santana Rey launched a computer services company.docx
On October 1, 2015, Santana Rey launched a computer services company.docx
 
On Monday, February 29, 2016 301 PM, [email protected] [.docx
On Monday, February 29, 2016 301 PM, [email protected] [.docxOn Monday, February 29, 2016 301 PM, [email protected] [.docx
On Monday, February 29, 2016 301 PM, [email protected] [.docx
 
On January 28, 1986, the Space Shuttle Challenger was destroyed upon.docx
On January 28, 1986, the Space Shuttle Challenger was destroyed upon.docxOn January 28, 1986, the Space Shuttle Challenger was destroyed upon.docx
On January 28, 1986, the Space Shuttle Challenger was destroyed upon.docx
 
On January 1, 2014, Lennon Industries had stock outstanding as follo.docx
On January 1, 2014, Lennon Industries had stock outstanding as follo.docxOn January 1, 2014, Lennon Industries had stock outstanding as follo.docx
On January 1, 2014, Lennon Industries had stock outstanding as follo.docx
 
On December 1, 2016, Geneva Jordan opened her new business with the .docx
On December 1, 2016, Geneva Jordan opened her new business with the .docxOn December 1, 2016, Geneva Jordan opened her new business with the .docx
On December 1, 2016, Geneva Jordan opened her new business with the .docx
 

Recently uploaded

Multithreading_in_C++ - std::thread, race condition
Multithreading_in_C++ - std::thread, race conditionMultithreading_in_C++ - std::thread, race condition
Multithreading_in_C++ - std::thread, race condition
Mohammed Sikander
 
STRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBC
STRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBCSTRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBC
STRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBC
kimdan468
 
Honest Reviews of Tim Han LMA Course Program.pptx
Honest Reviews of Tim Han LMA Course Program.pptxHonest Reviews of Tim Han LMA Course Program.pptx
Honest Reviews of Tim Han LMA Course Program.pptx
timhan337
 
Synthetic Fiber Construction in lab .pptx
Synthetic Fiber Construction in lab .pptxSynthetic Fiber Construction in lab .pptx
Synthetic Fiber Construction in lab .pptx
Pavel ( NSTU)
 
Chapter -12, Antibiotics (One Page Notes).pdf
Chapter -12, Antibiotics (One Page Notes).pdfChapter -12, Antibiotics (One Page Notes).pdf
Chapter -12, Antibiotics (One Page Notes).pdf
Kartik Tiwari
 
Chapter 3 - Islamic Banking Products and Services.pptx
Chapter 3 - Islamic Banking Products and Services.pptxChapter 3 - Islamic Banking Products and Services.pptx
Chapter 3 - Islamic Banking Products and Services.pptx
Mohd Adib Abd Muin, Senior Lecturer at Universiti Utara Malaysia
 
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
MysoreMuleSoftMeetup
 
Azure Interview Questions and Answers PDF By ScholarHat
Azure Interview Questions and Answers PDF By ScholarHatAzure Interview Questions and Answers PDF By ScholarHat
Azure Interview Questions and Answers PDF By ScholarHat
Scholarhat
 
Biological Screening of Herbal Drugs in detailed.
Biological Screening of Herbal Drugs in detailed.Biological Screening of Herbal Drugs in detailed.
Biological Screening of Herbal Drugs in detailed.
Ashokrao Mane college of Pharmacy Peth-Vadgaon
 
A Strategic Approach: GenAI in Education
A Strategic Approach: GenAI in EducationA Strategic Approach: GenAI in Education
A Strategic Approach: GenAI in Education
Peter Windle
 
1.4 modern child centered education - mahatma gandhi-2.pptx
1.4 modern child centered education - mahatma gandhi-2.pptx1.4 modern child centered education - mahatma gandhi-2.pptx
1.4 modern child centered education - mahatma gandhi-2.pptx
JosvitaDsouza2
 
Lapbook sobre os Regimes Totalitários.pdf
Lapbook sobre os Regimes Totalitários.pdfLapbook sobre os Regimes Totalitários.pdf
Lapbook sobre os Regimes Totalitários.pdf
Jean Carlos Nunes Paixão
 
2024.06.01 Introducing a competency framework for languag learning materials ...
2024.06.01 Introducing a competency framework for languag learning materials ...2024.06.01 Introducing a competency framework for languag learning materials ...
2024.06.01 Introducing a competency framework for languag learning materials ...
Sandy Millin
 
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
siemaillard
 
The approach at University of Liverpool.pptx
The approach at University of Liverpool.pptxThe approach at University of Liverpool.pptx
The approach at University of Liverpool.pptx
Jisc
 
A Survey of Techniques for Maximizing LLM Performance.pptx
A Survey of Techniques for Maximizing LLM Performance.pptxA Survey of Techniques for Maximizing LLM Performance.pptx
A Survey of Techniques for Maximizing LLM Performance.pptx
thanhdowork
 
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdf
Welcome to TechSoup   New Member Orientation and Q&A (May 2024).pdfWelcome to TechSoup   New Member Orientation and Q&A (May 2024).pdf
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdf
TechSoup
 
special B.ed 2nd year old paper_20240531.pdf
special B.ed 2nd year old paper_20240531.pdfspecial B.ed 2nd year old paper_20240531.pdf
special B.ed 2nd year old paper_20240531.pdf
Special education needs
 
Unit 2- Research Aptitude (UGC NET Paper I).pdf
Unit 2- Research Aptitude (UGC NET Paper I).pdfUnit 2- Research Aptitude (UGC NET Paper I).pdf
Unit 2- Research Aptitude (UGC NET Paper I).pdf
Thiyagu K
 
Best Digital Marketing Institute In NOIDA
Best Digital Marketing Institute In NOIDABest Digital Marketing Institute In NOIDA
Best Digital Marketing Institute In NOIDA
deeptiverma2406
 

Recently uploaded (20)

Multithreading_in_C++ - std::thread, race condition
Multithreading_in_C++ - std::thread, race conditionMultithreading_in_C++ - std::thread, race condition
Multithreading_in_C++ - std::thread, race condition
 
STRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBC
STRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBCSTRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBC
STRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBC
 
Honest Reviews of Tim Han LMA Course Program.pptx
Honest Reviews of Tim Han LMA Course Program.pptxHonest Reviews of Tim Han LMA Course Program.pptx
Honest Reviews of Tim Han LMA Course Program.pptx
 
Synthetic Fiber Construction in lab .pptx
Synthetic Fiber Construction in lab .pptxSynthetic Fiber Construction in lab .pptx
Synthetic Fiber Construction in lab .pptx
 
Chapter -12, Antibiotics (One Page Notes).pdf
Chapter -12, Antibiotics (One Page Notes).pdfChapter -12, Antibiotics (One Page Notes).pdf
Chapter -12, Antibiotics (One Page Notes).pdf
 
Chapter 3 - Islamic Banking Products and Services.pptx
Chapter 3 - Islamic Banking Products and Services.pptxChapter 3 - Islamic Banking Products and Services.pptx
Chapter 3 - Islamic Banking Products and Services.pptx
 
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
 
Azure Interview Questions and Answers PDF By ScholarHat
Azure Interview Questions and Answers PDF By ScholarHatAzure Interview Questions and Answers PDF By ScholarHat
Azure Interview Questions and Answers PDF By ScholarHat
 
Biological Screening of Herbal Drugs in detailed.
Biological Screening of Herbal Drugs in detailed.Biological Screening of Herbal Drugs in detailed.
Biological Screening of Herbal Drugs in detailed.
 
A Strategic Approach: GenAI in Education
A Strategic Approach: GenAI in EducationA Strategic Approach: GenAI in Education
A Strategic Approach: GenAI in Education
 
1.4 modern child centered education - mahatma gandhi-2.pptx
1.4 modern child centered education - mahatma gandhi-2.pptx1.4 modern child centered education - mahatma gandhi-2.pptx
1.4 modern child centered education - mahatma gandhi-2.pptx
 
Lapbook sobre os Regimes Totalitários.pdf
Lapbook sobre os Regimes Totalitários.pdfLapbook sobre os Regimes Totalitários.pdf
Lapbook sobre os Regimes Totalitários.pdf
 
2024.06.01 Introducing a competency framework for languag learning materials ...
2024.06.01 Introducing a competency framework for languag learning materials ...2024.06.01 Introducing a competency framework for languag learning materials ...
2024.06.01 Introducing a competency framework for languag learning materials ...
 
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
 
The approach at University of Liverpool.pptx
The approach at University of Liverpool.pptxThe approach at University of Liverpool.pptx
The approach at University of Liverpool.pptx
 
A Survey of Techniques for Maximizing LLM Performance.pptx
A Survey of Techniques for Maximizing LLM Performance.pptxA Survey of Techniques for Maximizing LLM Performance.pptx
A Survey of Techniques for Maximizing LLM Performance.pptx
 
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdf
Welcome to TechSoup   New Member Orientation and Q&A (May 2024).pdfWelcome to TechSoup   New Member Orientation and Q&A (May 2024).pdf
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdf
 
special B.ed 2nd year old paper_20240531.pdf
special B.ed 2nd year old paper_20240531.pdfspecial B.ed 2nd year old paper_20240531.pdf
special B.ed 2nd year old paper_20240531.pdf
 
Unit 2- Research Aptitude (UGC NET Paper I).pdf
Unit 2- Research Aptitude (UGC NET Paper I).pdfUnit 2- Research Aptitude (UGC NET Paper I).pdf
Unit 2- Research Aptitude (UGC NET Paper I).pdf
 
Best Digital Marketing Institute In NOIDA
Best Digital Marketing Institute In NOIDABest Digital Marketing Institute In NOIDA
Best Digital Marketing Institute In NOIDA
 

Note When formatting this assignment, please do not include each se.docx

  • 1. Note: When formatting this assignment, please do not include each section on its own page as directed. A line break or two between sections will suffice and save paper/trees Review the fact pattern provided below. At this time, Mr. Kant stands convicted of either petit larceny or shoplifting, as dictated by your state statutes, and your office has been hired to handle the appeal. Based on your lessons and reading material regarding legal analysis and writing, legal research, legal citation and appellate procedure, prepare the appellate brief based on relevant statutory and case law from your state of residence. Proper format is outlined in Statsky Ch. 12 pgs. 600 - 602 and detailed in your state court rules, formbooks, etc. Thoroughly research the issues involved and address the statute/s from your state under which Mr. Kant would be charged and convicted. Locate at least one binding opinion upon which to base your arguments and apply the opinion in a thorough and concise manner. You should also apply any relevant secondary authority that might be used in support of your arguments. In completing this assignment, please focus on demonstrating your research, analysis, citation and writing skills over format of the brief. Bear in mind that you do not have access to the trial court record for this assignment, which would not be the case in an actual law office setting. Therefore, you may embellish the facts as necessary to fully develop your arguments. Use care, however, not to allow those embellishments to change the issues involved. FACTS: Sam Kant, stands convicted of shoplifting/petit larceny (as dictated by your state statutes) from Bilmart, a national department store. At his wife’s request, Mr. Kant went to Bilmart on Wednesday, ______, 20___, and purchased a case of
  • 2. six 4 oz. cans of Hoover’s Baked Beans with Bacon. Upon returning home, his wife chastised him for once again failing to purchase what she had requested. Apparently, Mrs. Kant can’t stand the taste of Hoover’s Beans, but is very fond of the Handell’s brand, and was planning to serve them to her book club when she hosted them for lunch the following afternoon. Mrs. Kant ordered her husband to return to Bilmart to exchange the Hoover’s beans for Handell’s Beans. Upon arrival at the store early the next morning, Mr. Kant found that the line for customer service was extremely long due to Bilmart’s annual sponsorship of a major community food drive. In an effort to save time, and thinking the line might be shorter upon his return, Mr. Kant placed the case of Hoover’s beans into a shopping cart, made his way through the store to the bean shelf, and then added the Handell’s beans to the cart. However, upon his return, the line had not diminished and it was obvious that Sam would be waiting a considerable amount of time to formalize the exchange. Fearing the wrath of his wife should he not return in time for lunch, Sam placed the case of Hoover’s beans inside a cart filled with what appeared to be merchandise returns in need of re-stocking. With the desired Handell’s beans in the shopping cart, Mr. Kant then proceeded to the store’s exit. As he neared the doors, Mr. Kant was approached and detained by store security, who witnessed Sam’s actions, and police were called to the store. Apparently, the cart into which Sam had placed the Hoover’s Beans did not contain returned items to be shelved, but rather, donations to the Bilmart Community Food Drive. Officers Kopp and Slickman questioned Mr. Kant and then cited him for Shoplifting.