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Jimmy’s Drug Possession Charge – Difficult
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This question should be answered using three IRAC structures. Please include all relevant keywords in your answer.
Jimmy is charged with drug possession with intent to sell. At trial, Jimmy testifies that he was walking through “the park on Fifth and Main” on “the third Monday of March of this year” as a shortcut to a bar. The prosecution argues that Jimmy was in City Park on St. Patrick’s Day of this year solely for the purpose of selling drugs. The court instructs the jury that it may, but is not required to, accept as conclusive the fact that City Park is the park on Fifth and Main. The court also instructs the jury that it must accept as conclusive the fact that St. Patrick’s Day was on the third Monday of March of this year. Finally, the court denies a request by Jimmy to take judicial notice of the city’s drug-related laws. Jimmy objects to the jury instructions and the denial of his request.
How should the court rule on Jimmy’s objections?
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