Armando and Bryan grew up together in Brooklyn. One of their childhood friends was Candas. The three
Question:
Armando and Bryan grew up together in Brooklyn. One of their childhood friends was Candas. The three of them used to hang out a lot. Even when Candas moved to the Bronx when they were in senior year in high school, they went out sometimes to the movies or to restaurants. They usually met in Manhattan.
When they were in junior high, Bryan started getting seizures. Every year, the severity increased. When he was in 9th grade he was diagnosed with bipolar disorder. He's been getting therapy and taking medication since then.
Candas, who's always had a crush on Armando, is now in college, but both of her friends dropped out of school after she moved to the Bronx.
After they dropped out of high school, Armando and Bryan started hustling for money. They worked at McDonald's for a while, and they were thinking about getting a license to work as security guards.
One day, as Bryan got off the train, he saw MTA workers emptying cash from the MetroCard machines. Bryan noticed a security guard was watching as the machines were being emptied. Only on guard! As he thought more about this, he saw an opportunity to make money. This was the early 2000s; people used a lot of cash to buy MetroCards. He talked to Armando about it. Both Armando and Bryan had guns, so if they decided to rob a subway station, they had the means to do it.
A year ago, Armando was diagnosed with HIV AIDS. He's been taking antiretroviral drugs for it, but only his doctor and a social worker at the neighborhood community clinic know about his condition. He didn't tell anyone about it.
One day, as Armando and Bryan were looking for the right subway station to rob, they met Candas at the Tremont Avenue station. They didn't get a chance to speak for long, but Armando told Candas he would call her that night. Candas hadn't seen her friends for more than a year now since she went to college out of state.
That night Armando called Candas. They spent a lot of time on the phone talking about everything and nothing. Candas told Armando how much she'd missed him. She asked if he would like to come to her place next week. She said she lived two blocks from the Tremont Avenue station. He promised to come see her.
The next day, Armando told Bryan he found the right subway station to rob: the Bedford Park station; right away, they took the D train to the Bronx to visit the Bedford Park station. They learned that the machines get emptied on Mondays and Thursdays. It was Friday, so they decided to come again Monday to see how many security guards assist the MTA workers.
On Monday, they arrived early, around 7 am, and at 9:00 they saw two MTA workers open the machines. There was only one security guard. They decided to come again on Thursday to rob the station.
On their way back home, when they arrived at Tremont, Armando told Bryan he had to get off the train because he had to see a friend. There, they parted their ways. Armando didn't tell Bryan he was going to see Candas because he had the feeling, from the phone conversation with Candas, something was going to happen; he was going to get lucky! He was right.
As Armando left Candas's apartment he felt on top of the world. He had just had sex with one of the most beautiful girls he'd ever known. He felt a little bit guilty, though, since he'd refused to wear the condom that Candas gave him. He didn't want to wear a condom, and Candas didn't insist.
Bryan called Armando and told him he had changed his mind about robbing the subway. Armando unsuccessfully tried to convince Bryan that they should go ahead with robbing the subway. When Armando told Bryan he was going ahead with the robbery by himself, Bryan called the police and told them about Armando's plan.
Early, in the morning, when Armando got out of his apartment, two police officers were waiting for him outside. They followed him to the subway. When Armando got into the D train, the officers followed him. When they arrived at Bedford Park station, it was 8 am. Armando decided to wait there for the MTA workers to come empty the MetroCard machines. At 9 o'clock, he saw the two workers followed by the security guard approaching the machines.
Right then, his cell phone rang. It was Candas. She said she missed him a lot. She said she enjoyed their time together the other day, and she wanted to see him again. She asked him if he could come over. He said he was in the neighborhood to see a friend, so yes, he was coming over to Candas's apartment right away. As he hung up the phone, he was so excited to get to Candas's apartment that he forgot he was there to rob the MTA workers. But as he proceeded to go back down the platform and take the D train back to Tremont, the officers arrested him.
When Bryan heard Armando had been arrested, he felt extremely guilty and angry. He went to the police station. When he arrived, he shot a police officer to break Armando out of the police station.
cases or statutes that we studied in class:
Browder v. U.S., 398 F.Supp. 1042 (1975)
U.S. v. Bergman, 416 F.Supp. 496 (1976)
Kansas v. Hendricks, 521 U.S. 346 (1997)
Simmons v. South Carolina, 512 U.S. 154 (1994)
People v. Kraft, 133 Ill.App.3d 294 (1985)
Com. v. Peaslee, 177 Mass. 267 (1901)
U.S. v. Jackson, 560 F.2d 112 (1977)
People v Dlugash, 41 N.Y.2d 725 (1977)
U.S. v. Fleming, 739 F.2d 945 (1984)
State v. Williams, 4 Wash.App. 908 (1971)
People v. Stamp, 2 Cal.App.3d 203 (1969)
U.S. v. Freeman, 357 F.2d 606 (1966)
State v. Green, 643 S.W.2d 902 (1982)
State v. Crenshaw, 98 Wash.2d 789 (1983)
Batson v. Kentucky, 476 U.S. 79 (1986)
Flowers v. Mississippi, 139 S.Ct. 2228 (2019)
Witherspoon v. State of Ill., 391 U.S. 510 (1968)
- Can Armando be charged with attempted murder for having sex with Candas without wearing a condom even though he knew he had HIV AIDs?
- Can Bryan successfully raise the defense of insanity in his murder trial for killing the police officer.
- Is Armando liable for attempted robbery of the subway station?
For each of the 3 questions above, you must:
- State the legal issue.
- State the rule applicable to the legal issue. quote the cases or statutes that we studied in class. Paraphrase: simply state the law exactly the way it is indicated in the case or the statute.
- Apply the rule to the relevant facts from the story above.