Review the fact pattern provided below. At this time, Mr. Kant stands convicted of either petit larceny or shoplifting, as dictated by your state statutes, and your office has been hired to handle the appeal. Based on your lessons and reading material regarding legal analysis and writing, legal research, legal citation and appellate procedure, prepare the appellate brief based on relevant statutory and case law from your state of residence. Proper format is outlined in Statsky on pages 600-602, and detailed in your state court rules, formbooks, etc.
Thoroughly research the issues involved and address the statute/s from your state under which Mr. Kant would be charged and convicted. Locate at least one binding opinion upon which to base your arguments and apply the opinion in a thorough and concise manner. You should also apply any relevant secondary authority that might be used in support of your arguments. In completing this assignment, please focus on demonstrating your research, analysis, citation and writing skills over format of the brief.
Bear in mind that you do not have access to the trial court record for this assignment, which would not be the case in an actual law office setting. Therefore, you may embellish the facts as necessary to fully develop your arguments. Use care, however, not to allow those embellishments to change the issues involved.
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