1. ELEMENTS B 2019 POWER POINT SLIDES
Class #9: Friday, August 30 National Toasted Marshmallow Day

2. MUSIC: SERGEI PROKOFIEV, PETER & THE WOLF (1936) [3 WAYS] Narrators: David Bowie, STING, STERLING HOLLOWAY (Voice of Winnie-the-Pooh & Kaa)
STORMY WEATHER
WHERE WE ARE
CHECK FOR S & UPDATED COURSE PAGE FOR SCHEDULING INFO FOR WHEN SCHOOL REOPENS
Briefing Assmts
Shaw Brief Probably Due Night Before Next Class Meeting; Can Do Sooner
Other Panels TBA; Self-Quizzes Posted Today
Qs on Instructions?

3. Most Performed Waltz in American Popular Music
Between Shaw & Liesner
Most Performed Waltz in American Popular Music
FRIDAY Pop Culture Moment

4. What are “the superior advantages which the trial court had”?
Liesner DQ1.17: Oxygen
What are “the superior advantages which the trial court had”?
Case doesn’t say
You need to try to figure out what court means
Will get easier with experience

5. What are “the superior advantages which the trial court had”?
Liesner DQ1.17: Oxygen
What are “the superior advantages which the trial court had”?
Visual Observation of Witnesses and of Physical Evidence
Hearing Testimony

6. She asked me to take her to the dance.

7. Liesner DQ1.17: Oxygen
What do these advantages suggest about the appropriate role of appellate courts in reviewing factual determinations made by “finders of fact” (juries or trial judges )?

8. See, e.g., tests for taking a case away from the jury:
Liesner DQ1.17: Oxygen
What do these advantages suggest about the appropriate role of appellate courts in reviewing factual determinations made by finders of fact?
DEFERENCE!!
See, e.g., tests for taking a case away from the jury:
Wisc 1914: “No reasonable doubts remain.”
Fed’l 2019: “No reasonable jury could find …”

9. Liesner Brief: Rationales
Not especially significant in a narrow case reviewing sufficiency of the evidence.
Might give “prevailing rule” as a doctrinal rationale.
Might give “superior advantages” as a policy rationale
Examples of each in Sample Brief posted after class today

10. Liesner v. Wanie: Context
1914

11. Liesner v. Wanie: Context
1914: Deaths
Joshua Lawrence Chamberlain (Civil War Hero)
John Muir (Naturalist)
Jacob Riis (Journalist/Author)
19th Century Industrialists
CW Post (Grape Nuts & Other Cereals)
George Westinghouse (Railroad Brake and Electronics)
Frederik Weyerhauser (Timber & Paper)

12. Liesner v. Wanie: Context
1914: Births
Alec Guiness
Joe Louis
Joe DiMaggio
Ralph Ellison
Danny Thomas
Dylan Thomas

13. Liesner v. Wanie: Context
1914: Introduced in U.S.
term “Birth Control” (coined by Margaret Sanger)
First Blood Transfusion
Doublemint chewing gum
Elastic Brassiere
Federal Trade Commission
Company that will become Greyhound Bus
Mother’s Day (by Congr. Resolution)

14. Liesner v. Wanie: Context
1914: Introduced in U.S.
New Republic Magazine
Panama Canal
Pygmalion by GB Shaw
Rookie Pitcher: Babe Ruth
Tarzan of the Apes
Teletype Machine
Traffic Lights using red-green signals

15. Liesner v. Wanie: Context
1914: World War I
105 Years Ago Thursday:
Sept. 5: 1st Battle of the Marne Begins
NE of Paris, French 6th Army Attacks Germans  Allied Victory (Keeps German Army out of Paris)

16. Liesner v. Wanie: Context
1914: World War I
102 Years Ago Yesterday:
Sept. 5: 1st Battle of the Marne Begins
NE of Paris, French 6th Army Attacks Germans  Allied “Victory”
Two Million Soldiers Participate

17. Liesner v. Wanie: Context
1914: World War I
102 Years Ago Yesterday:
Sept. 5: 1st Battle of the Marne Begins
NE of Paris, French 6th Army Attacks Germans  Allied “Victory”
Two Million Soldiers Participate
500,000 Killed or Wounded

18. Liesner v. Wanie: Context
1914: World War I
Sept. 5: 1st Battle of the Marne Begins
NE of Paris, French Attacks Germans  Allied “Victory”
Two Million Soldiers Participate
500,000 Killed or Wounded
Dec : Christmas Truce

19. Liesner v. Wanie: Context
1914: World War I
June 28: Archduke Francis-Ferdinand (Heir to the Austro-Hungarian Throne) Assassinated in Sarajevo:
“The Shot Heard Round the World”

20. Cf. “Some Shots Into a Brush Pile” (Liesner Trial Transcript)
Liesner v. Wanie
Cf. “Some Shots Into a Brush Pile”
(Liesner Trial Transcript)
featuring
KRYPTON & URANIUM

21. Liesner Trial Transcript
Note Anderson testimony (p.17):
“REPLEVIED”
Suggests replevin was cause of action.
(= Common law action for return of personal property)

22. Liesner Trial Transcript: DQ1.19: Best Evidence for Each Side
(Krypton) Liesners’ Attys must have argued:
L-Boys did mortally wound wolf
L-Boys did continue pursuit
(Uranium) Wanie’s Attys must have argued:
Uncertain that L-Boys mortally wounded wolf
L-Boys did not continue pursuit

23. Liesner Trial Transcript: DQ1.19: Best Evidence for Each Side
(Krypton) Liesners’ Attys must have argued:
L-Boys did mortally wound wolf. Ev?
L-Boys did continue pursuit
(Uranium) Wanie’s Attys must have argued:
Uncertain that L-Boys mortally wounded wolf
L-Boys did not continue pursuit

24. Liesner Trial Transcript: DQ1.19: Best Evidence for Each Side
(Krypton) Liesners’ Attys must have argued:
L-Boys did mortally wound wolf
Comparing wounds and possible sources (ammo/direction)
Abdominal Wound likely Fatal
Behavior of Wolf
L-Boys did continue pursuit
(Uranium) Wanie’s Attys must have argued:
Uncertain that L-Boys mortally wounded wolf. Ev?
L-Boys did not continue pursuit

25. Liesner Trial Transcript: DQ1.19: Best Evidence for Each Side
(Krypton) Liesners’ Attys must have argued:
L-Boys did mortally wound wolf
L-Boys did continue pursuit. Ev?
(Uranium) Wanie’s Attys must have argued:
Uncertain that L-Boys mortally wounded wolf
Lots of Shots/Wounds + Dog Bites
Wolves Hard to Kill
No Manure Inside Wolf
L-Boys did not continue pursuit

26. Liesner Trial Transcript: DQ1.19: Best Evidence for Each Side
(Krypton) Liesners’ Attys must have argued:
L-Boys did mortally wound wolf
L-Boys did continue pursuit.
Boys run after wolf; F shoots into brush pile
Boys testify F told Wanie
(Uranium) Wanie’s Attys must have argued:
Uncertain that L-Boys mortally wounded wolf
L-Boys did not continue pursuit. Ev?

27. Liesner Trial Transcript: DQ1.19: Best Evidence for Each Side
(Krypton) Liesners’ Attys must have argued:
L-Boys did mortally wound wolf
L-Boys did continue pursuit.
(Uranium) Wanie’s Attys must have argued:
Uncertain that L-Boys mortally wounded wolf
L-Boys did not continue pursuit.
Not very active attempts to enter brush pile
Ps didn’t claim from W (tho Trial Court says this is OK)

28. Liesner Trial Transcript: DQ1.20 Trial Judge’s Perspective
To make this decision, Judge must believe:
Abdomen shot was mortal wound (“gut shot”; wolf’s behavior)
Only shot that could have made that wound was Ed Liesner shot (bullet/angle)
Questions/Concerns?

29. Liesner Trial DQ1.20: Trial Judge’s Perspective
Trial Judge must have believed:
Abdomen shot was mortal wound (“gut shot”; wolf’s behavior)
Only evidence of shot that could have made that wound was Liesner shot (bullet/angle)
Keep in Mind
Judge might have experience with guns/hunting
Judge could see pelt & holes
Not every factual dispute is material to outcome.
Whether there was “manure” in abdominal cavity
Whether Wanie tried to hide bullet hole
Liesner Trial DQ1.20: Trial Judge’s Perspective