Writing Assignment #3

You represent Jason Doeting. After the joint trial, Doeting was convicted of
both counts. Sentencing is coming up in a few weeks and you need to file a post-
trial motion. Specifically, you need to file a Motion for New Trial under Iowa Rule
of Criminal Procedure 2.24(2). There were several errors at trial that could warrant
a new trial motion. In real life, you would raise all of these issues. But, for this
assignment, choose one issue and write a motion for new trial based on just one of
the following grounds. Do not write more than 3 pages, 12 point font, double
spaced. Cite authorities, including what subsection you are filing the motion under,
to support your position. Turn in your motion to Kristi Longtin by the end of class
on April 1.

(1) As you know the trial was not severed. During trial Kyle Wordy’s
statement that was made to arresting officers, “Is this about that fight
with the Clubs when Jason and I killed that a**hole?” came into evidence.
You had objected to the statement coming in, but the judge overruled your
objection.

(2) The prosecution requested an alternatives theories instruction as it

applied to their three legal theories of liability as a principal, aiding and
abetting, and joint criminal conduct. You objected to both this instruction,
as well as the court giving the joint criminal conduct instruction. Your
objections were overruled. You also had made a motion for judgment of
acquittal because there was no evidence offered of a separate crime to
support the joint criminal conduct theory, but that was also overruled.

(3) One of the jurors sent you an email telling you that during jury
deliberations, one of the jurors looked up Doeting’s Facebook page and
saw that he posted pictures of guns on his Facebook.