Necessity Flashcards
Allen Case
D witnessed his mother for first time in such condition, thus believed had reasonable belief to drive on suspended license was immediately necessary
D didn’t ask police officer for help
Gomez Case (Necessity)
D received numerous death threats;
Did not receive any protection from authorities;
Mir had biographical data about D thus D faced more than just “vague threats”
No cessation in string of threats; hence no time prior to D’s arrest where D could have safely dropped gun
Pennington Case (Necessity)
threat of imminent harm dissipated b/c 13 year boy complied with D’s request that he go back to his room
D had two prior drug convictions yet still decided to stay in relationship w/ chronic drug abuser
Pit Bull Hypo
D aggravated pit bull leading to the dog attacking defendant