Legal Case Review: DUI & Common Law Marriage

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Questions and Answers

In what year does the scenario presented in the document take place?

  • 2019
  • 2025 (correct)
  • 2024
  • 2020

What Colorado Revised Statute (CRS) section was Mr. Bradley Copper charged with violating regarding Driving Under the Influence?

  • CRS § 18-1-405(4)
  • CRS § 42-4-1301 (correct)
  • CRS § 42-4-1401
  • CRS § 18-4-501

According to the document, under what grounds did the law firm file a Motion in Limine to exclude Ms. Stefani Franotta's testimony?

  • Ms. Franotta and Mr. Copper were common-law married. (correct)
  • Ms. Franotta lacked credibility as a witness.
  • Ms. Franotta's testimony was irrelevant to the case.
  • Ms. Franotta had a prior criminal record.

What event caused the Supreme Court of Colorado to declare a judicial emergency?

<p>The COVID-19 pandemic. (A)</p> Signup and view all the answers

What is the deadline for submission of the final version of the appellate brief to the court?

<p>Monday, March 24, 2025 at 9:00 a.m. (C)</p> Signup and view all the answers

Which organization is NOT mentioned as having a violation related to Mr. Copper's charges?

<p>Federal Bureau of Investigation (FBI) (A)</p> Signup and view all the answers

What type of document are you, as an associate, instructed to draft?

<p>Appellate Brief (B)</p> Signup and view all the answers

What was the length of time that all action on the case was suspended, according to the Consent Order?

<p>Sixty months (A)</p> Signup and view all the answers

When drafting the Appellate Brief, which sources of legal authority should be primarily utilized to determine the existence of a common-law marriage between Mr. Copper and Ms. Franotta?

<p>Colorado law. (B)</p> Signup and view all the answers

What is the weight of the Appellate Brief assignment towards the final grade for the semester?

<p>45% (D)</p> Signup and view all the answers

With whom are you permitted to discuss the legal issues or any aspect of drafting the Appellate Brief, outside of in-class collaboration?

<p>Lawyering: Foundations Professor or GTA, as appropriate. (C)</p> Signup and view all the answers

For the Appellate Brief, what information should you include on the final version to ensure anonymous grading?

<p>Your professor’s name and exam number. (B)</p> Signup and view all the answers

Regarding the facts considered during the appeal, what time frame should be considered?

<p>Only the facts as of the date of the accident and included in the record. (B)</p> Signup and view all the answers

What is the maximum permissible length of the Appellate Brief, starting from the standard of review through the final signature block?

<p>13 pages. (C)</p> Signup and view all the answers

What resources are you explicitly allowed to utilize for discussions about the legal issues implicated in the Appellate Brief problem materials?

<p>Legal research sessions conducted by Lexis and Westlaw representatives. (D)</p> Signup and view all the answers

Which of the following actions does NOT constitute a violation of academic integrity in relation to the Appellate Brief assignment?

<p>Attending a Westlaw session to discuss the legal issues implicated in the brief. (A)</p> Signup and view all the answers

According to the content provided, what is the primary purpose of the motion in limine filed by the defendant?

<p>To exclude or limit the testimony of Stefani Franotta. (D)</p> Signup and view all the answers

Which of the following Colorado Revised Statutes (CRS) is NOT among the charges listed against Bradley Copper?

<p>CRS 42-4-201 (Vehicular Elusion) (D)</p> Signup and view all the answers

What is the basis for the defendant's claim that Stefani Franotta should not be compelled to testify?

<p>She is the defendant's common-law wife and thus protected from testifying against him. (D)</p> Signup and view all the answers

According to the document, what potential negative impact could Stefani Franotta's testimony have on the jury, even if defense counsel objects?

<p>It could unfairly prejudice the defendant by inviting speculation on irrelevant matters. (B)</p> Signup and view all the answers

What specific concern does the defendant raise regarding the evidence offered at trial?

<p>The evidence will invite conjecture on inadmissible matters. (D)</p> Signup and view all the answers

In which court is the motion in limine being filed?

<p>9th Judicial District Court, Pitkin County, Colorado (D)</p> Signup and view all the answers

What detail is provided about Jack Weaver in the context of the legal document?

<p>He is the attorney representing the defendant, Bradley Copper. (B)</p> Signup and view all the answers

Based on the case number '19-CR-2345-X', what type of case is this most likely to be?

<p>A criminal case. (D)</p> Signup and view all the answers

Flashcards

Motion in Limine

Filing to prevent certain testimony.

Spousal Privilege

Ms. Franotta cannot testify against Mr. Copper if they are married.

Interlocutory Appeal

An appeal made while the trial is still ongoing.

Extend Statute of Limitations

Agreement to lengthen the legal deadline.

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CRS § 42-4-1301

A DUI offence.

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CRS § 42-4-1401

An offence for driving recklessly.

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MTC § 1101(2)(C)

An offence for speeding.

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CRS § 18-4-501

An offence for causing criminal damage.

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Appeal Fact Basis

Only facts as of the accident date and included in the record can be used. Address any changes or updates in the law.

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Brief Authorship

Analyze and write the brief alone, except for collaboration in class and discussions with professors/GTA .

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Legal Research Sessions

You can attend legal research sessions and discuss legal issues during those sessions.

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Brief Grade Weight

The appellate brief accounts for 45% of the spring semester grade.

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Anonymous Grading ID

Use your exam number, not your name and include professor's name on the cover sheet. Failure to comply will result in penalties.

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Governing Law

Research authority applying Colorado law to determine whether a common-law marriage exists.

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Page Limit

The brief should be no longer than 13 pages from the standard of review through the final signature block.

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Record Completeness

You have been given all parts of the record relevant to the issues on appeal.

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CRS

Colorado Revised Statutes.

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DUI

Driving Under the Influence. Operating a vehicle while impaired by alcohol or drugs.

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Reckless Driving

Operating a vehicle with willful disregard for the safety of others.

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Speeding

Exceeding the posted speed limit.

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Criminal Mischief

Intentionally damaging or destroying someone else's property.

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Unfair Prejudice

Evidence that unfairly influences a jury, causing them to decide on improper grounds.

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Study Notes

  • The year is 2025.
  • Galifianakis & Elliot is a law firm located in Aspen, Colorado at 39 E. Kensington Road, 81611.
  • You are an associate at the law firm.

Bradley Copper Case

  • Bradley Copper was indicted on October 11, 2019.
  • The indictment included driving under the influence (CRS § 42-4-1301).
  • The indictment included reckless driving (CRS § 42-4-1401).
  • The indictment included speeding (MTC § 1101(2)(C)).
  • The indictment included criminal mischief (CRS § 18-4-501).
  • A Motion in Limine was filed trying to exclude Stefani Franotta's testimony based on common-law marriage.
  • According to the motion, using Colo. Rev. Stat. Ann. § 13-90-107(1)(a)(I), Ms. Franotta cannot be compelled to testify against the defendant.
  • Judge Tison denied the Motion in Limine of the common-law marriage.
  • The court granted a motion for an interlocutory appeal on this issue on March 6, 2020.
  • A Notice of Interlocutory Appeal was filed on March 9, 2020.
  • A Statement of Issue on Appeal in the Colorado Court of Appeals was filed on March 10, 2020.
  • Mr. Copper waived his right to a speedy trial because of the COVID-19 pandemic under CRS § 18-1-405(4).
  • On March 13, 2020, the Supreme Court of Colorado declared a judicial emergency because of the COVID-19 pandemic.
  • A Joint Motion To Set Briefing Schedule was filed with mutual agreement to extend the statute of limitations.
  • The Colorado Court of Appeals entered a Consent Order suspending all action on the case for sixty months.
  • The appellate brief is due to the partner on Monday, March 17, 2025 at 9:00 a.m.
  • The final version of the appellate brief is due to the court on Monday, March 24, 2025 at 9:00 a.m.
  • The Appellate Brief is an open research project.
  • Colorado law must be used to assess common-law marriage for Mr. Copper and Ms. Franotta.
  • The brief should comply with Lawyering: Foundations LR 5.2.
  • The brief should model the format set forth in the sample appellate briefs (United States v. Harrison).
  • The brief should be no longer than 13 pages in length from the standard of review through the final signature block.

Motion in Limine

  • Jack Weaver represents Bradley Copper in the case of The People of the State of Colorado v. Bradley Copper, case number 19-CR-2345-X.
  • The court address is 506 East Main, Suite 300, Aspen, CO 81611.
  • The file date was Nov. 18, 2019.
  • The court division is criminal.
  • The courtroom is 402.
  • According to the motion, the court is requested to limit the testimony of Stefani Franotta because she is his common-law wife per Colo. Rev. Stat. 13-90-107 (1)(a)(I).
  • According to the motion, inviting the jury to speculate on irrelevant or inadmissible matters can prejudice the defendant, so request a limiting pretrial order.

Stipulation of Undisputed Facts and Conclusions of Law

  • The parties agreed that Bradley Copper and Stefani Franotta did not obtain a Colorado marriage license.
  • The parties stipulated that Bradley Copper's prior marriage to Katarina Shaykarova was annulled in Russia on October 14, 2013.
  • November 25th, 2019 is the date of legal action.
  • Angel Bassett is the Assistant District Attorney for the 9th Judicial District in Glenwood Springs, CO 81601.
  • Jack Weaver is Bradley Copper's attorney at Galifianakis & Elliot in Aspen, CO 81611.

Hearing on Defendant's Motion in Limine

  • The hearing took place before the Honorable Michael Tison on November 25, 2019, at 10:12 a.m.
  • Cathy Bates, CCR B-1557, RPR, was the court reporter.
  • Angel Bassett, Esq. is the Assistant District Attorney for the 9th Judicial District in Glenwood Springs, CO 81601.
  • Jack Weaver, Esq. of Galifianakis & Elliot in Aspen, CO 81611, represented the defendant.
  • The court understands that the defense filed a Motion in Limine to exclude Stefani Franotta's testimony as the common-law wife pursuant to Colo. Rev. Stat. § 13-90-107(1)(a)(I)
  • Both parties stipulated that regardless of the Court's ruling, an Interlocutory Appeal is proper.
  • Stefani Franotta is 33 years old and an entertainer.
  • Stefani Franotta graduated from the Convent of the Sacred Heart in Manhattan.
  • Stefani Franotta studied method acting for 10 years at the Lee Strasberg Theatre and Film Institute.
  • She attended NYU's Tisch School of the Arts, but left in her sophomore year to focus on music.
  • Stefani Franotta moved to L.A. in 2008 to put out her debut album and subsequent history.
  • She has won several Grammys, numerous MTV, Billboard, and People's Choice awards, an Academy Award and several Golden Globe awards, and holds several Guinness World Records.
  • Stefani Franotta met Bradley in St. Barts around Christmas of 2013.
  • She and Bradley Copper have a home in Aspen, CO at 481 Cold Canyon Road, Aspen, Colorado 81611.
  • They have lived together almost 6 years, having bought the house in February 2014 as a Valentine's Day gift.
  • "Lady FrouFrou" is Stefani Franotta's stage name.
  • She did not take Mr. Copper's surname because of heritage and independence.
  • She considers Bradley Copper to be her husband.
  • Stefani and Bradley signed a scroll that said, “I choose you for life."
  • The scroll was signed at the end of a retreat on March 2, 2014.
  • The scroll was destroyed in a fire at the Mount-N-Frame shop.
  • Stefanie showed it to a reporter for the Mountain Press
  • She and Bradley joined a spirit quest at the Lead with Love Aspen Retreat on March 1, 2014.
  • Stefani wanted to experience the spiritual side of Aspen.
  • Stefani and Bradley got matching “La Vie en Rose” tattoos to commemorate their commitment.
  • Stefani Copper's full name is Cecelia Angelina Gloria Copper.
  • Stefani had health insurance and has her own policy.
  • Her taxes, utilities, property in Philadelphia are not co-mingled with Bradley.
  • She and Bradley filed separated federal tax returns as advised by their accountants.
  • Her accountant lives in California.
  • Stefani and Bradley's Aspen property is recorded as being owned by Stefani Franotta and Bradley Copper.
  • She signed a scroll in the names of “Jack” and “Ally.”
  • They chose the names from A Star is Born, feeling the characters reflected her and Copper's relationship.
  • November 25, 2019, 1:15 pm.
  • Ms. Lawrence states she is an actress.
  • Ms. Lawrence is on the record.
  • She and Ms. Franotta are actress collegues from the American film industry.
  • She has won several Oscars and nominations.
  • Ms. Franotta is known to her also.
  • She is aware that Stefani was Bradly's wife.
  • At Aspen, Colorado and Hollywood film industry parties, she has spent moments with both at once.
  • She thinks they committed to each other at the retreat for life.
  • At any time did Ms. Franotta ever refer to Mr. Copper as her husband? Not specifically, but figured them to be married.

November 26

  • Cathy Bates has written to transcript this day.
  • This day is a new day to find and know the verdict of The People v. Bradley Cooper.
  • The verdict is of legal common law binding in marital relations, and was pursued by the plaintiff and judged by legal common law in effect.
  • No one other than Stefani is his wife in any private conversations with him.
  • It is at 3:15 pm that this transcript was transcribed in a final.
  • Ms. McAdams has been reported saying by the two, after their retreat, that they're relationship status as "newlyweds."
  • In a report, The Mountain Press interviewed the couple because they are so well known.
  • Amy McAdams, is the final report for this account.
  • The 26th, in final.
  • Direct examination of Mr. Copper began and followed to transcript.
  • This testimony was limited to a narrow issue relating to the couple.
  • At this time the 5th Amendment was active for the witness to claim rights to free him from self incrimination of his own personal actions.
  • Mr. Copper was then requested to state his legal name. Which was complied with by the witness.
  • Education, jobs, career paths was then requested. Which the witness also compiled with requests in questions.
  • Stefani was honored greatly for her work by Mr. Copper, in this exam.
  • That relationship was claimed as legal, binding within marital conditions.
  • In response it was confirmed they lived together since 2014 at this time.
  • The day ends with that the people will be in response at a next court of law.
  • Direct Examination of Ms. Rabe.
  • Ms. Bassett does the hearing.
  • The witnesses are still here to hear, or continue depending more-so to the circumstances at the time of request.
  • It was November 24 that this was determined.
  • There is not a specific mention of what this process will ensue to hold for this examination.
  • With all being the same exact in all testimonies still to come.
  • In this she stated she does take and love "Stefani!" with the heart's full understanding and true belief in their relationship.
  • As with "Ms .Rabe," this direct examination.
  • In an event of conclusion it is determined, that she know him and that to the very essence of her full being, that they are within the realms of marital common law state, if the court shall and will.
  • There may be possible action she will speak on now.
  • The cross examination of Mr. Copper has said Ms. franotta has brushed aside or has been in disregard to his requests.
  • At this time the testomonies are being heard from all of whom has been set to talk.
  • The hour arrives as Mr. Weavers, has the question about the last testimony.
  • That was from Ms. Franotta, has not put aside the many of Mr. Copper's attempts at marrying her.
  • A proper hearing is being conducted.
  • It all lies in his court, he will provide her.
  • It's by Mr. Weavers.
  • As well as in a movie.
  • That will be played within their own minds!
  • At 10 AM on November 26, 2019.
  • That direct examination of Mrs. Rabe continues to provide knowledge.
  • Ms. Franotta was on the Aspen Animal shelter.
  • The State of Colorado's law enforcers, were under oath, and will not give testimony to anything other wise.
  • In and at Colorado.
  • There will be a verdict this will all soon have some proper result.
  • Mrs. Copper does have a joint credit card and checking accounts, with their names.
  • But the accounts are private.

Closing Arguments

  • A conclusion is given, by his honor, which will soon be presented. The documents shall be filled before a date that is.
  • As an event this whole hearing is now closed.
  • Defendant Copper and Witness Franotta jointly own Aspen home.
  • They lived there on occasion since 2014.
  • However, they did not reside at the home at the same time.
  • The couple attended a retreat.
  • The statement “I choose you for life’ allegedly was written on a scroll that has allegedly been destroyed in a fire.
  • Defendant and Witness had a joint banking account and joint credit card, though all were held in their individual names.
  • They do not file joint tax returns, yet have a child together who has Defendant's surname.
  • Concluding that because the agreement, mutual decisions, and shared life was not there the Court Denies Copper's Motion in Limine.
  • The People does not contest the defendant's.

The People v. Bradley Copper

  • Court case number 19-CR-2345-X.
  • Jack Weaver is the attorney for the Defendant, works for Galifianakis & Elliot.
  • Bradley Copper has filed a Notice of Interlocutory appeal.

Joint Motion To Set Briefing Schedule

  • Appellant Bradley Copper and Appellee The People of the State of Colorado jointly file this motion for briefing.
  • Is an interlocutory appeal memorandum on March 6, 2020, in Pitkin County, Colorado.
  • Appellant Copper has waived his right to a speedy trial.
  • The two sides mutually agree to extend on these matters in question.
  • The time will then be determined.

The proposed deadlines and page limit all must comply with the state law.

  • Briefs due by March 24.
  • Responses do by April 3.
  • April 7, 2025 will entail the final of all results.
  • Assistant A. Bassett to be for the state; and for the respondent will be Jack Weaver and Elliot shall work there respectively.
  • This joint operation will then finalize all, and provide the best final to the highest degree of its very purpose.
  • The court dates are in action for all members to work toward the best resolution, and with the law always shall be done.

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