The State of Texas v. Sam Shapiro
Summary:
Sam Shapiro is charged with larceny under $1,200 for the theft of his classmate Emmet Blake's wallet. The prosecution has the burden of proving beyond a reasonable doubt that
First: That the defendant took and carried away property
Second: That the property was owned or possessed by someone other than the defendant
Third: That the defendant did so with the intent to deprive that person of the property permanently.
This case contains:
The affidavit of Sam Shapiro
The affidavit of Emmet Blake
A case reflection
A practice cross
An annotated practice cross
An example direct
Affidavit of Sam Shapiro
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My name is Sam Shapiro. I am 22 years old, and I work at Central Gas, a popular convenience store in Greensville, Texas. I also attend Grennets College. I am in my senior year.
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I’ve been working at Central Gas since I was 16, and I’ve continued throughout college to help pay for the cost of my education. I’ll admit, sometimes the customers can be frustrating, but I try to keep my cool and handle them with respect. There've been a few times when I was younger where I’ve lost my cool and started yelling at them, but that’s been the worst. Besides, I’ve grown up since my teenage years. I've said this a few times, but it’s been a year since my last incident, and I am pretty pleased with myself!
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Most days are pretty normal for me. I wake up, hit the gym, go to class, grab some lunch at the dining hall, go back to class, and then I study or go to work if I don’t have any clubs or volunteer work. May 4th, 2026, however, was a bit different.
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The day started off poorly. I slept through my first alarm and missed my morning lift session. I was pretty upset, and I wasn’t the kindest to my roommate, but I ended up apologizing. He understands I am trying to work on my anger and have been for a while. Then I went to my favorite forensics class: The Anatomy of The Perfect Crime. I barely got to register for it; it filled up super fast given the variety of crimes we examined, our wonderful Professor, and the fact that we only meet 2 times a week. Whenever I’m there, I try to pick up as much information as I can so I can use it later. We have many tests and a paper due in three weeks, so it’s been busy!
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As I was walking to class, I saw a sign on the door notifying me that we were meeting at an alternative location, so I sprinted to the other building. I guess you could say I got a workout after all. When I got there, I was the last to arrive in the small room lacking a lot of desks. I ended up sitting next to Emmett Blake, my high-school enemy who was so obsessed with me, he followed me to college. I got accepted early, and he committed in the spring. Usually, I can ignore him in class; we sit on opposite sides of the room. I catch him glaring at me every once in a while, but I just clutch my pencil tighter and mind my own business.
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I sat down next to Emmett and began to take notes. He was egging me on all class, and I was getting fed up.
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Eventually, I stopped and said, “Dude, just drop it. We’ll be back in the normal class tomorrow. Leave me alone.” I didn’t want another incident like back in high school where I shoved him off his chair, so I'm proud that I handled the situation maturely.
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Emmett clearly didn't like that and said, “Ok, ok, I’ll stop. I don't want another broken wrist.”
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Now, I was pretty pissed, but I just kept my focus, and I left class when Emmett went to grab his computer charger from a classmate a minute or two after the professor dismissed us.
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After class, I grabbed some food with my friends, and then I went to my dorm. I only have one class on Mondays, which is super nice, especially that day. After the class I just had, I wanted to hide out in my room for a while.
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In my room, I did my homework for my forensics class and took a nap. I think I heard some banging on my door, but then it went away. I was half asleep and didn’t even think to look outside to see if someone was waiting for me. I assumed one of my roommates got locked out for a bit and hoped all was okay. Either that, or they heard my snoring and left. I slept for a bit longer, then got ready for work. I changed into my uniform and some jeans, put my keys, wallet, and phone into my pockets, and left for Central Gas.
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At work, Emmett barged in and said, “Sam! Where the heck is my wallet! I know you took it from my backpack, so fess up.” Now, I have no idea where egotistical-Emmett was talking about. He's always hated my guts, but in college I tried to turn over a new leaf and stay in my lane. I explained to him that I didn't have his stupid wallet, to which he started to swear at me. I told him to leave because there were little children around, and I didn’t appreciate the way he was acting. When he refused, I told him again, slamming my fists on the counter and threatening to call the cops if he didn’t step outside. Eventually, he ran out. I’ll admit, I did yell the second time, but only because the children looked terrified. I also felt threatened by him being there.
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The next day, I got a call from Patricia, the owner of Central Gas and my boss of 6 years. She told me I was fired and wished me the best. I tried to ask her why I was getting let go, but all she said was that my behavior yesterday was too much and she wouldn’t have a criminal working for her any longer.
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Soon enough, the police came to my dorm and arrested me. Apparently, Emmett's wallet was worth a lot of money and was a family heirloom. I guess they think a nice wallet brings them more money or something. Emmett's family has always been a bit odd.
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I’m now charged with stealing Emmett's wallet, which also had $500 cash inside. I did not do this, and I lost my job. I’m furious at Emmett. All I did was go to class and go to work! It's not my fault he lost his wallet. Besides, like I said, I have a job and work almost every single day. I don’t need Emmett's money, even though it's a convenience store. I make decent money due to my frequent shifts, and I have scholarships for school. I have other sources of income too, like helping the townsfolk with their lawn care. Like I said, I’ve got school covered and work a lot. I would never take money from a man I now hate. This is all a bunch of bologna. Emmett's uncle works for the police on campus! Surely he pulled some strings to arrest me!
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS 13TH DAY OF MAY 2026.
Sam Shapiro
Affidavit of Emmett Blake
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My name is Emmett Blake. I am 22 years old and go to Grennets College in Greensville, Texas. I am here on a baseball scholarship and don’t come from a lot of money. I work for what I have and am proud to say I am the first one in the family to go to a 4-year institution. I’m a Senior set to graduate in a few weeks.
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At Grennets, I wear a lot of hats. I am majoring in Criminal Psychology and minoring in sociology with the hopes of being a Criminal Psychologist one day. I am the star pitcher on the baseball team, president of our food bank club, and I tutor students for some extra cash. With my busy schedule, I find it hard to work, but I am employed at a restaurant in Greensville called Tanya's Tavern.
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I send most of my money back to Ma and Pa to help raise my 3 siblings. They are very appreciative.
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I've always been a hard worker. I got accepted into some Top 20 schools, but couldn't afford the tuition, so I'm playing baseball here at Grennets. It's definitely a large school, but we have some great professors that really work hard to help each and every one of us, and are ranked decently high. It's no Ivy, but we have some successful alumni and great resources. As for baseball, not going to lie, I don't really get along with the team or coach. They're too snobby for me, but hey, the school is free and I can pitch pretty well, so what's the harm!
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Unfortunately, my high-school rival, Sam Shapiro, also is a Criminal Psychology major here at Grennets. He’s always been nasty to me, so I don’t like him very much. I’ve always tried to be respectful, but sometimes I can't help but say a little comment. After all, he's put me through a lot.
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Other than that, Grennets is pretty nice, and I learn a lot. I wish Sam went somewhere else and the team was nicer, but what can I do?
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May 4th, 2026, was a great day turned horrible. The morning started off great. I woke up, got some breakfast with my buddies, and then went to class. My morning baseball practice was canceled, so I was in a good mood.
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My first class on Monday was a forensics class, The Anatomy of The Perfect Crime. It sure is one of my favorites, but Sam Shapiro is in it. Usually, I ignore him, but that day class was relocated. I knew about the building change and got to class early.
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Sure enough, Sam arrived, late, as usual, and unfortunately, the only open seat was next to me. During class, I asked him a few questions because I missed the last class because of a game. He was being pretty annoying and short with me, only giving me brief explanations and telling me to look at the slideshow online. I still thanked him for his attempted help, but for someone decently smart, I couldn’t understand why he wasn’t really helping me. After all, I put our differences aside.
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The questions I was asking were pretty basic, but then they got a bit more complex. I kept asking him more and more, and he seemed to get even more annoyed, so I stopped.
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Halfway through class, a girl came up to me and asked to use my computer charger. I recognized her from the softball team and told her to get it from my bag I brought to class. I turned back to the whiteboard, and she took that charger, saying thank you.
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After that class ended, I went to get my charger back. I put it in my pocket because it's one of those small portable ones, and went to my next class.
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As I was walking, I noticed that my jeans felt different. I keep my phone and wallet with me all the time, so I assumed it was nothing and kept walking.
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When I got to my next class, I reached for my wallet to get my ID to scan into the building, but it was gone. I knew my jeans felt different earlier! I assumed that the charger was my wallet. I started to panic until my friend let me into class. Then, I remembered I put my wallet in my backpack and felt more relieved. I was too stupid to actually check my backpack. That was a huge mistake because, as it turns out, I didn’t even put my wallet in my backpack.
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After my poor luck at my first class’s building, I tried the lost and found, my dorm’s lost and found, and even the campus police because my wallet had a lot of cash in it and was worth a pretty penny monetarily and sentimentally. But I couldn’t find it anywhere.
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Then, I began to think of the only time when my backpack was unattended. First, in the morning, when I was asleep, I was let into the building for my first class by my professor because I was super early, so I didn't have my ID out. I then would have kept my wallet in my backpack from the start of the day to when I was packing up my bag after my first class. I don’t think my roommate Brett Walters took my wallet. He’s my catcher and one of my only real friends on the team. We are super close and tell each other everything.
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The only other time that I knew my wallet was left alone was when I retrieved my charger from Sasha Lanet, the softball player, and that was when Sam Shapiro was sitting next to me. Conveniently, he left class right after I went back to my seat to grab my backpack before heading out.
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After my critical thinking, I decided to go find Sam. I went to his dorm building and asked a resident which one was his. He showered me, and I knocked on the door. I heard some weird gasping sound, then nothing. He didn’t even reply verbally. So, I waited in the dorm until he came out to confront him. I ended up using the public bathroom, so I didn’t catch him on the way out. I know this because I knocked again when I got back from the bathroom, and his roommate said he left for work.
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Having gone to high school with Sam, I know he works at Central Gas, so naturally, I went there. I yelled his name as he was walking in, but I think he had some earbuds in, so he didn't hear me. I saw my other friend on the way in, so I stopped and said hello before I talked to Sam.
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I told him that I knew he had my wallet. He got super angry and yelled at me to leave, so I did. I went back to campus police and reported the theft. The next day, justice was served, and Sam was arrested.
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I don’t know who else could have taken my wallet, and the police said that there was enough evidence based on our class interaction and past history to arrest Sam. Wouldn't you know, he had been accused of stealing wallets before!
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I can’t believe we are in court over this. It is so clear that he stole my wallet, and he was even arrested. Yeah, he still needed his trial, but come on, it’s so obvious. He should just fess up already!
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS 12TH DAY OF MAY 2026.
Emmett Blake
Reflection for The State of Texas v. Sam Shapiro
Both Emmett and Sam have affidavits riddled with information that is perfect for a cross. At the same time, they both have defensible information for a direct.
The first thing you should do after reading an affidavit is mark it up. Highlight any information for the prosecution/plaintiff, and highlight any info that could help the defense.
Next, come up with facts. Find any information that is indisputable and benefits either side, if there is a question about the truthfulness of a fact, examine it from multiple affidavits to find each witness's version. For example, if person A says “I saw Jenny get into a red car” and person B says “I saw Jenny get into a car” Person A must testify that the car was red, while person B does not have to because that information is not in their affidavit.
Most Importantly, make sure there is a theme for each witness, and for the overarching case. For Emmett and Sam, Sam’s theme could be “an innocent, hardworking college student who turned over a new leaf is brought back to his highschool days because of an accusatory classmate”. It doesn’t have to sound serious, but it’s what you want to get the judge thinking and feeling.
Sam:
Lots of Sam’s affidavit included descriptions of him being angry.
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I’ll admit, sometimes the customers can be frustrating, but I try to keep my cool and handle them with respect
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Now, I was pretty pissed, but I just kept my focus and I left class when Emmett went to grab his computer charger from a classmate a minute or two after the professor dismissed us.
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After the class I just had, I wanted to hide out in my room for a while.
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I didn't have his stupid wallet,
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When he refused, I told him again, slamming my fists on the counter and threatening to call the cops if he didn’t step outside.
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I’m furious at Emmett
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I would never take money from a man I now hate.
There are also descriptions of his suspicious behavior
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Then I went to my favorite Forensics Class: The Anatomy of The Perfect Crime. I barely registered for it, it filled up super fast given the variety of crimes we examined, our wonderful Professor, and the fact that we only meet 2 times a week. Whenever I’m there I try to pick up as much information as I can so I can use it later.
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I left class when Emmett went to grab his computer charger from a classmate a minute or two after the professor dismissed us.
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I also felt threatened by him being there
Using the information in Emmett's and Sam’s affidavit’s, we can come up with a fact pattern, then pick the facts we want to build our theme against Sam on.
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Sam Shapiro is 22, he goes to Grennets College with his high school enemy, Emmett Blake.
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Both Sam and Emmett attend The Anatomy of a Perfect Crime together, a forensics class meeting twice a week.
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On May 4th, 2026, the class was moved to a different location, Sam came in later than Emmett and took the only available seat, which was next to Emmett.
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Emmettt was asking Sam questions during class, and Sam got annoyed.
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When Emmett went to retrieve his charger, Sam was alone with the bag
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Sam left class when Emmettt went to get his computer charger from a friend
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After class, Sam got food with some friends, then he took a nap, while he was sleeping, he heard some banging on his door, thought it was his roommate who got locked out, and ignored it. Emmett heard a weird noise.
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Then, Sam left for work, with HIS keys, wallet and phone in his pocket.
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Emmett went to Central Gas and confronted Sam
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Emmett yelled at Sam and Sam yelled at Emmett
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The next day, Sam was arrested
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Emmett’s uncle works for the police who arrested Sam
Using the agreed upon facts, we can write an effective cross for Sam. Also, because in Sam’s affidavit he notes the relationship between Emmett's uncle and the police, it is reasonable to assume that Emmett knows his own uncle works there, so that can be included in the list of facts we use for the general case. The same logic works for “assuming” Sam knows he broke Emmett's wrist.
Note: This is different from a lack of personal knowledge. An example of a lack of personal knowledge would be if the softball player didn’t know Emmett or Sam in high school but testified “Sam broke Emmett's wrist in high school”
Let's take a look at a practice direct
Good Morning, Mr.Shapiro
Good Morning
Please state your name and age for the court
My name is Sam Shapitro, and I am 22 years old
Mr. Shapiro, why are you in court today?
I am in court because I am charged with stealing Emmet Blake's wallet
And, how do you know Emmet Blake?
I’ve known Emmet since high school, and now we attend Grennets College in Greensville, Texas together. He is in one of my forensics classes.
Tell me about that forensics class
Well, it's called The Anatomy Of The Perfect Crime. We have been in class together all year, but we typically avoid Emmet during class. Expect for May 4th, 206
What was different about May 4th, 2026?
That day our class was moved to an alternate location, I wasn't aware of this change so I showed up last and the only available seat was next to Emmet.
How did you feel about sitting with him?
I wasn’t happy about it given our pasts, but I’ve put my grievances aside and changed as a person since high school. During class, he kept asking me a bunch of questions, so I was getting a bit annoyed.
You said you've changed since high school, how did you act back then?
In highschool, I took Emmet off his chair and he unfortunately broke his wrist.
I see, now tell me about what happened after class on May 4th, 2026
After class, I ate some food with my friends and did my homework. Then, I took a nap. I think I heard someone banging on my door, but I’m pretty sure it was my roommate who got locked out.
How did you respond to the branding on the door?
I stayed in bed, I was half asleep when I heard it, and then it stopped, so I went back to sleep.
What did you do when you finished your nap?
I went to work at Central Gas
How was work that day?
It was crazy! Emmet barged in and accused me of stealing his wallet. We got into an argument and I started to yell at him to cleave because there were children around who looked super scared because of Emmet.
I’m sorry to hear that, what if anything happened after regarding this incident
The next day, I got let go from my job, and I was arrested for stealing Emmets wallet
I see. Can you tell me about your financial situation?
Yes, I can pay for my education without worry and I make money from working at Central Gas. I also do some lawncare and landscaping on the side. I have some scholarship for school and am comfortable right now, I don't need any more money to be secure.
Thank you, Mr.Shapiro, thank you, Your Honor, no further questions at this time.
Let's look at an example cross of Sam Shapiro.
For the rules of evidence, we’ll use the National High School Mock Trial Championship Rules of Evidence (NHSMTC). Questions are normal, answers are in bold.
For our example, we need to prove
First: That the defendant took and carried away property
Second: That the property was owned or possessed by someone other than the defendant
Third: That the defendant did so with the intent to deprive that person of the property permanently.
The first two are pretty easy to prove, however the third element is a bit more complicated. In this case, we could argue that because Sam left for work and
It’s difficult to prove this with only one direct and one cross, so Sam with likely be found not guilty (unless there are more affidavits providing more information)
This cross is written without regard to any possible objections! While reading, think of what you would object to and then look at the annotated cross.
Also, this is a very basic cross!! howtomock may be hosting a mini mock trial competition using an extended version of this case, so we can’t reveal all of our ideas yet! :)
Good Afternoon, Mr. Shapiro
Good Afternoon
Theme: Tension between Sam and Emmett
You attend Grennets College in Greensville Texas, correct?
Yes, I’m in my senior year.
You worked at Central Gas in the same town as your school, yes?
Yes, I did.
But, you were recently let go because of an incident involving Emmett Blake, isn’t that right?
Unfortunately, I was.
And, you're pretty angry about this?
I don’t think anyone would be happy about being fired after they worked somewhere for 6 years, so yeah, I wasn’t happy.
Now, in the past, you’ve had your fair share of problems with Emmett Blake
In the past, yes.
You broke his wrist in high school, right
I did, but I’ve changed and I regret that!
And you omitted this information from your affidavit?
Yes, I didn’t find it relevant
So, its safe to say you and Emmett do not get along
Yeah, well now we’ve put our pasts behind us, but we aren’t friends
But, you still consider him your “high school enemy”
I guess
And you hate him?
After this, yes I do.
Theme: Sam was alone with the wallet and had the chance to steal it
Now on May 4th, 2026, you sat next to your “high school enemy” in class, yes?
I did
And, he was annoying you
Yes, he was. He kept asking me questions even though I told him to check the slides online.
So, you had a pretty good view of Emmett during the whole class, right?
He was next to me, of course I did
Because of this, you saw when he walked away near the end of class to retrieve a charger he lent to a classmate
Yes, he was right there
And, you left class while Emmett was not by his backpack?
I did
So, you were alone with Emmett's things?
If you want to put it that way, yes
And, you are in court today being charged with the theft of Emmett Blake’s wallet?
Yes, I am
Mr. Shapiro, in Central Gas when you had an encounter with Emmett, he informed you that he had his wallet in his backpack, correct
Yes, he accused me of taking it from his backpack
Theme: Sam would have intended to deprive Emmett of his wallet
And he accused you of doing this before you went to work?
Yes
And before work, you went to your dorm
I did
So, you spent some time away from Emmett
Yes, we don’t share a dorm
During this time, you did not contact Emmet, right
No, I did not contract him
Now, at your dorm you took a nap
Yes
You heard banging up during this nap
I heard some knocking on my door, I think. I was half-asleep
But, regardless, you still did not get up to see who was knocking?
No, I did not
So, if someone was trying to find you, you didn't give them the opportunity to talk to you
I mean, I guess so. I was sleeping
Then after this, you went straight to work without talking to Emmet?
Of course I did, I didn’t need to tell him anything
Thank you, Mr. Shapiro. Thank you, Your Honor. No further questions at this time.
By no means is this a perfect cross! Let's take a look at some of the objections that would have likely been made. See if you caught any of these!
Good Afternoon, Mr. Shapiro
Good Afternoon
Theme: Tension between Sam and Emmett
You attend Grennets College in Greensville Texas, correct?
Yes, I’m in my senior year.
You worked at Central Gas in the same town as your school, yes?
Yes, I did.
But, you were recently let go because of an incident involving Emmett Blake, isn’t that right?
Unfortunately, I was.
And, you're pretty angry about this?
I don’t think anyone would be happy about being fired after they worked somewhere for 6 years, so yeah, I wasn’t happy.
OBJECTION: 401 (relevance)
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Sam’s feelings about losing his job are not relevant whether or not he stole Emmets wallet, however, if council responds to the objection by saying that it established tensions between Sam and Emmet making it more or less probable that Sam had reason (or motive) to seal Emmet's wallet, it will likely be overruled.
Now, in the past, you’ve had your fair share of problems with Emmett Blake
In the past, yes.
You broke his wrist in high school, right
I did, but I’ve changed and I regret that!
And you omitted this information from your affidavit?
Yes, I didn’t find it relevant
So, its safe to say you and Emmett do not get along
Yeah, well now we’ve put our pasts behind us, but we aren’t friends
But, you still consider him your “high school enemy”
I guess
And you hate him?
After he got me arrested, yes I do.
OBJECTION: 404 (character evidence)
- Character evidence can be objected to when the evidence of a person's character, or a trait, is trying to be used to prove consistency with a particular action. For example, this question is trying to establish that Sam hates Emmet. This information cannot be used to prove that Sam acted consistently with his diskette towards Emmet and stole his wallet. Likely, this question would be allowed because it is not pointing to a specific instance, like” you broke his wrist so you must have stolen his wallet”, it's establishing a foundation, but it's good to understand the line between character evidence and foundations.
If this question was objected to for character evidence council should argue that it is not being sued to prove Sam stole the wallet, rather that Sam and emmet do not get along.
Theme: Sam was alone with the wallet and had the chance to seal it
Now on May 4th, 2026, you sat next to your “high school enemy” in class, yes?
I did
And, he was annoying you
Yes, he was. He kept asking me questions even though I told him to check the slides online.
So, you had a pretty good view of Emmett during the whole class, right?
He was next to me, of course I did
OBJECTION: 401 (relevance)
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Why does it matter that Sam could see Emmet? Council should respond to this by saying that if Sam could see Emmet then he was aware of when Emmet was not by him therefore the question is being sued to prove that Sam could have taken Emmets property, making it highly relevant.
Because of this, you saw when he walked away near the end of class to retrieve a charger he lent to a classmate
Yes, he was right there
And, you left class while Emmett was not by his backpack?
I did
So, you were alone with Emmett's things?
If you want to put it that way, yes
And, you are in court today being charged with the theft of Emmett Blake’s wallet?
Yes, I am
Mr. Shapiro, in Central Gas when you had an encounter with Emmett, he informed you that he had his wallet in his backpack, correct
Yes, he accused me of taking it from his backpack
Theme: Sam would have intended to deprive Emmett of his wallet
And he accused you of doing this before you went to work?
Yes
And before work, you went to your dorm
I did
So, you spent some time away from Emmett
Yes, we don’t share a dorm
During this time, you did not contact Emmet, right
No, I did not contact him
And, at this dorm, you took a nap
Yes
You heard banging up during this nap, right
I heard some knocking on my door, I think. I was half-asleep
But, regardless, you still did not get up to see who was knocking?
No, I did not
So, if someone was trying to find you, you didn't give them the opportunity to talk to you
I mean, I guess so. I was sleeping
Then after this, you went straight to work without talking to Emmet?
Of course I did, I didn’t need to tell him anything
Thank you, Mr. Shapiro. Thank you, Your Honor. No further questions at this time.
Most attorneys in mock trials try to limit the amount of times they object to not annoy the judge, especially if they don't like objections, try to keep it to 3-4 times. Above, you'll notice that most of the objections can be overruled, and that because objections are highly subjective and it depends on how well both attorneys argue and what the judge believes, You may have thought that some questions could have been objected to, even if they were not marked with an objection for the annotated cross, and that's great! Everyone will have different opinions about objections, or let some questions slide, so it's very important to understand your own state's mock trial rules of evidence and what you feel comfortable objecting to.
Try writing practice crosses/directs, or even openings/closings! Feel free to email howtomock@gmail.com with any questions, examinations, or ideas :) We'd love to hear from you!