State v. Palm (February 2001, MPT-1). Applicants represent Claude Palm, who is charged with possession of cocaine and marijuana with intent to sell.  Pursuant to a search warrant that authorized a "no-knock" entry, police entered Palm's house without knocking or announcing their authority or purpose. During the search, police found cocaine, marijuana, drug paraphernalia, and a police scanner. Applicants are instructed to draft a persuasive brief in support of a motion to suppress physical evidence on the grounds asserted in the motion: that the affidavit on which issuance of the warrant was based was deficient; and that the facts were not sufficient either before or at the time of the search to establish a reasonable suspicion that the evidence would be destroyed, or that the officers would be endangered, without a no-knock entry. The File includes a memorandum on writing persuasive briefs, the motion to suppress, excerpts of interviews with Palm and a witness, the application for the search warrant, and the search warrant. The Library consists of excerpts from the Franklin Code of Criminal Procedure and one case.

Steinberg & Son, Inc. v. Wye (February 2001, MPT-2). Applicants work for a firm that has recently undertaken representation of Jack Steinberg & Son, Inc., the plaintiff in an acrimonious lawsuit against Murray Wye that has been going on for four years. Steinberg was previously represented by the law firm of Purta & Paul (P&P). Wye has been represented by Doyle & Davis (D&D) since the inception of the lawsuit. The applicant's firm has learned that Philip Fine, who was an associate at P&P during the time the firm represented Steinberg, has left P&P and joined D&D as a partner. Applicants are instructed to write an objective memorandum that analyzes whether a motion to disqualify D&D as counsel in the case is likely to succeed and to identify and explain the necessity for any additional facts that might assist in the analysis. The File contains correspondence between P&P and D&D regarding Fine's involvement with Steinberg and a D&D "ethical wall" memorandum expressing the intent to isolate Fine from any involvement in the Wye matter. The Library consists of excerpts from the Franklin Rules of Professional Conduct, which are identical to the ABA's Model Rules, and one case.

Consumer Protection Division v. Bernhard's Appliances, Inc. (February 2001, MPT-3). Applicants work in the Consumer Protection Division of the Franklin Attorney General's office.  Bernhard's Appliances, Inc., a chain of appliance stores with a history of questionable sales promotion tactics, has recently run an ad offering "free" airline tickets to customers who make significant purchases. An investigation has confirmed that the ad violates the Franklin Consumer Protection Act. Past conciliation efforts to curb Bernhard's practices have failed, and the Division has decided to seek an injunction.  Applicants are instructed to write a brief to persuade the court that Bernhard's promotion violates the Act and that an injunction should be granted. The File includes a memorandum regarding persuasive briefs, the Bernhard's advertisement, and the investigative report. The Library contains excerpts from the Consumer Protection Act and two cases.

State v. White (July 2001, MPT-1). Applicants are attorneys in the Public Defender's Office, which represents James White, who is being prosecuted for homicide for killing his brother with a knife. Less than a year before the homicide, White attacked the same brother with a knife and was charged with aggravated assault. The Public Defender's Office also represents White on the assault charge, which is pending. A Public Defender staff social worker interviewed White after his arrest for the assault. During that interview, White made admissions, denials, and related statements about the assault and his feelings toward his brother. He also told the staff social worker about his mental health problems and treatment history. The social worker wrote a report based on her interview and gave it to White's public defender, who relied on the information in the report to get White released to a treatment facility. The prosecutor has now subpoenaed the social worker's report in the hope of using White's statements about the assault to support an indictment for homicide. Applicants are instructed to write an in camera brief in support of a motion to quash the subpoena arguing that the communications between White and the social worker are privileged under the social worker-client and/or attorney-client provisions of the Franklin Evidence Code. The File includes a memorandum on how to write persuasive briefs, the subpoena, the motion to quash, the attorney's notes, and the social worker's report. The Library contains two cases and portions of the Franklin Evidence Code.

True Values Television Network, Inc. (July 2001, MPT-2). Applicants work in a law firm representing True Values Television Network, Inc. (TVTV), which owns 80 television stations nationwide broadcasting only family-oriented programs. The chairman of TVTV's Board of Directors has asked the firm to advise the Board on its options in the face of a hostile takeover attempt by Metro, a large media company with a programming philosophy at odds with that of TVTV. In an effort to thwart Metro's takeover attempt, the chairman of the TVTV Board has stepped up merger negotiations with Friendly Publishing, a company that has no broadcasting experience but pledges to continue TVTV's family-oriented programming. Friendly has offered to buy TVTV's assets at a lower price per share than the price Metro has offered. A major institutional investor in TVTV is demanding that TVTV abandon its negotiations with Friendly and instead cooperate with Metro's acquisition efforts. Applicants are asked to draft a memo to the supervising partner describing the conflicting interests of the corporation, each shareholder group, and the other groups identified in the Franklin Corporations Code. Applicants are also asked to analyze whether the Board can justify negotiating exclusively with Friendly in light of these competing interests and in the context of its fiduciary duty. The File contains letters from Metro and the institutional investor, the supervising attorney's notes from his interview with TVTV's chairman, a confidential financial report, and a news article. The Library consists of excerpts from the Franklin Corporations Code and one case.

Petition of Mona St. John (July 2001, MPT-3).  Applicants are attorneys in a law firm undertaking pro bono representation of Mona St. John, who is serving a life sentence without parole for killing her physically abusive husband. Since St. John's conviction, the legislature has added a provision to the Franklin Evidence Code allowing the admission of evidence of "battered women's syndrome" (BWS) as a defense in criminal trials provided a sufficient foundation is laid. Applicants are asked to draft the legal argument portion of a petition for executive clemency on St. John's behalf, setting forth what effect BWS evidence would have had on St. John's case at trial and how the change in the Evidence Code supports her request for clemency or commutation of her sentence. The File consists of trial transcript excerpts, a letter from St. John's prison warden, and a declaration from a psychologist who is an expert on BWS and who interviewed St. John. The Library contains provisions of the Franklin Evidence and Penal Codes, an article from the Franklin Constitution, a treatise on executive powers, and one case.