The Acquittal Of Burglary Charges Proper - 1094 Words

QUESTION PRESENTED 1) Whether Wade acquittal of burglary charges proper according to the elements of burglary? 2) Whether Wade’s conviction on attempted murder of Wahlstrom and acquittal of attempt against Eva Dedier; 3) Whether the searches and seizures under the Fourth Amendment and the evidence obtained according to the law? BRIEF ANSWER The People will not be able to make out a prima facie case against Respondent for burglary because it does not satisfies the elements of burglary. The People will not successfully be able to convict the Respondent for attempted murder of against Wahlstrom and Eva Diedier without conducting more discovery; however, based on the fact, the facts does not satisfy the elements of attempted murder. The†¦show more content†¦The video displayed the â€Å"Bilt† logo on the motorcyclist’s helmet, which was matte black with a visor. Garrett testified that most of Bilt products are sold online or at Cycle Gear, and therefore, he went to the closest store, in San Francisco. The store employee testified that the style of the helmet was new, and the store had only been carrying that style since April. The employee testified that he found a recent transaction record of a man buying that style of helmet, with a black leather vest, black gloves and the black face-and-neck protector. In addition, witnesses testified they saw the face-and-neck protector on the Mill Valley shooter and on the man at the Chevron station. Also, Cycle Gear produced a surveillance image of a customer making the above transactions. On October 30, 2013, a Marin jury convicted 17-year old Wade of attempted murder of Wahlstrom, but acquitted him of attempted murder of Dieder and burglary of an auto dealer, where Fierir’s Lamborghini was being serviced. There are a few facts that unknown to the People exactly Wade’s motive for the shooting, whether respondent continued to shoot once he realized he missed. Some of the facts are ambiguous and needs clarification. DISCUSSION Whether Wade acquittal of burglary charges proper according to the elements of burglary? Since the People have the burden of