Welcome

Thanks for stopping by my little place on the web. This parking spot is not for me to rant (though there will certainly be some of that), but as a place for my former and current students to converse about the full gamut of law school questions and about the class assignments and goals: you know I feel that conversation is the best learning experience.

So, follow. Check in every few days and chat away: anything is fair game (remember, I live vicariously through all your wild lives). To start, some of you already in law school can express some wisdom since decision time is beginning to arrive for this year’s seniors, and those of you currently being abused can ask the world your questions about the class assignments.

This is for you. Enjoy.

-Prof. B.

Monday, February 13, 2012

How Much is an iPod Worth?


D.C. Appeals Judges Ponder Value of an iPod
Think you know how much your iPod is worth? Seems like a simple enough question, but if you want to prove it in the District of Columbia, you’re going to have to come ready with a lot more than just the purchase price.
Today the D.C. Court of Appeals vacated the conviction of John Foreman, who had allegedly stolen one of the Apple MP3 players back in April 2007, finding that prosecutors failed to show the device was worth at least $250, the minimum amount required for the first degree theft charge on which he was found guilty.
The victim in the case, Marcus Curry, testified that he had received the iPod in 2006 as a Christmas gift from his mother, who told the court that she had bought it for about $250. But in an opinion by Senior Judge Michael Farrell, the court found that the prosecutors failed to offer evidence that iPods retain their market value over time, leaving the jury to speculate whether that was actually the case. (In 2006, a 30 gigabyte iPod 5G retailed for about $249. The opinion doesn’t state whether that was the model Curry owned).
The government, represented on appeal by assistant U.S. attorney Sarah Chasson, argued that the iPod’s value was based partly on the more than 400 songs the victim had loaded onto it. But the court noted that the victim never testified how much he paid for the songs, some of which, he said, were downloaded for free.
“Permitting jurors here to rely on their own experience of what iPod downloads cost would not be a proper drawing of inferences ‘from the facts . . .proven in light of [their] own experience,’” Farrell wrote, “rather, it would substitute for a failure of proof on the point.”
The three judge panel, which included Farrell and Judges Anna Blackburne-Rigbsy and Phyllis Thompson, remanded the case back to the trial court, where it was first heard by Judge Harold Cushenberry, to consider a lesser theft charge. Curry was represented by a team from the D.C. Public Defender Service, including Christine Monta.

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