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Copyright 2010 by the National Conference of Bar Examiners.
State of Franklin v. McLain
Motion to Suppress Evidence and to Dismiss Count Two .3
Defendant’s exhibit: Transcript of call to CrimeStoppers Hotline .4
Excerpts from the Franklin Criminal Code.11
State v. Montel, Franklin Court of Appeal (2003) .12 State v. Grayson, Franklin Court of Appeal (2007) .15 State v. Decker, Franklin Selmer & Pierce, LLP M E M O R A N D U M To:
We have been appointed by the court to represent Brian McLain, who is indigent. The State of
Franklin has charged McLain with three felony counts: possession of methamphetamine with
intent to distribute, possession of equipment to manufacture methamphetamine, and manufacture
of methamphetamine. The evidentiary hearing on our motion to suppress concluded yesterday.
The judge wants our post-hearing brief before the end of the week.
I have attached the relevant portions of the transcript from the evidentiary hearing. Please draft
the argument section of our brief. We need to make the case that Officer Simon had no
reasonable suspicion that would justify the stop of McLain’s vehicle on the night in question.
In addition to the motion to suppress, I’ve moved to dismiss Count Two of the criminal
complaint, possession of equipment to manufacture methamphetamine, on the ground that it is a
lesser-included offense of Count Three, manufacture of methamphetamine. Please draft that
Do not prepare a separate statement of facts; I will draft it. However, for both of our arguments,
be sure to provide detailed discussion and analysis, incorporating the relevant facts and
addressing the applicable legal authorities. Be sure to anticipate and respond to the State’s likely
STATE OF FRANKLIN DISTRICT COURT FOR BARNES COUNTY State of Franklin, Plaintiff, ) CRIMINAL COMPLAINT 09-CR-522 McLain, ) Defendant.
The State of Franklin, County of Barnes, by District Attorney Sarah Russell, hereby alleges as
1. Count One. That on October 5, 2009, the defendant, Brian McLain, did knowingly
possess more than 15 grams but less than 100 grams of methamphetamine, a controlled
substance, in the City of Centralia, County of Barnes, Franklin, with intent to distribute or
deliver, in violation of the Franklin Criminal Code § 42.
2. Count Two. That on October 5, 2009, the defendant, Brian McLain, did possess
equipment or supplies with the intent to manufacture methamphetamine, a controlled
substance, in the City of Centralia, County of Barnes, Franklin, in violation of the
3. Count Three. That on October 5, 2009, the defendant, Brian McLain, was knowingly
engaged in the manufacture of methamphetamine, a controlled substance, in the City of
Centralia, County of Barnes, Franklin, in violation of the Franklin Criminal Code § 51.
STATE OF FRANKLIN DISTRICT COURT FOR BARNES COUNTY Franklin, Plaintiff, 09-CR-522 Defendant. MOTION TO SUPPRESS EVIDENCE AND TO DISMISS COUNT TWO OF THE COMPLAINT
Defendant Brian McLain, by and through his attorney, Marcia Pierce of Selmer & Pierce,
To suppress all evidence obtained as a result of the search of his vehicle and a shed
located in an alley next to 1230 8th Street, Centralia, Franklin, on October 5, 2009, on the ground
that the investigating officer lacked reasonable suspicion to stop the defendant’s vehicle and, as a
result, both the stop and the subsequent search violated the defendant’s Fourth Amendment
rights under the United States Constitution. See State v. Montel (Franklin Ct. App. 2003).
To dismiss Count Two of the criminal complaint as multiplicitous. The charge of
“Possession of Equipment or Supplies with the Intent to Manufacture Methamphetamine,” Fr.
Crim. Code § 43, is a lesser-included offense of Count Three of the complaint, “Manufacture of
Methamphetamine,” Fr. Crim. Code § 51. Prosecution of both charges is, therefore,
multiplicitous and violates the defendant’s right not to be put in jeopardy of life and limb twice
for the same offense as guaranteed by the double jeopardy and due process provisions of the
United States Constitution. See State v. Decker (Franklin Sup. Ct. 2005).
______________________ Marcia Pierce Selmer & Pierce, LLP Counsel for Defendant
Transcript of Call to Centralia Police Department CrimeStoppers Hotline October 5, 2009, 10:22 p.m. Operator: CrimeStoppers
Um, I’d like to report some criminal activity.
I’m at the Oxford Street Shop-Mart. There’s a guy here, and he’s gotta be a meth
dealer. I mean, he just bought two boxes of Sudafed cold medicine and some
coffee filters, and I heard him ask the cashier if Shop-Mart had quit selling
Well, he’s kinda scuzzy looking, if you know what I mean. You know, shifty
looking. He’s a white guy, maybe mid-20s, with dark hair and one of those
goatees. He’s wearing jeans and a dark hooded sweatshirt.
I’ll notify the officer on call. What is your name, sir?
Hey, I don’t want to get involved. I don’t need any grief. I just called because this
guy is clearly up to something. He just left the store and is walking toward a red
Is there any other person with this individual?
Hey, I gotta go. I told you what I saw. [phone disconnected]
Excerpts from Suppression Hearing Transcript February 22, 2010
Direct Examination of Officer Ted Simon by Assistant District Attorney Lynn Ridley
Please state your name and occupation for the record.
Officer Ted Simon. I have been a police officer with the Centralia Police Department for
12 years, the last five in the narcotics division.
Describe your training and experience in dealing with narcotics.
In addition to my five years in the division, I’ve attended Federal Bureau of Investigation
courses every two years and have done additional training sponsored by the State of
Franklin crime laboratory. I’ve been involved in over 200 narcotics arrests, including
over 50 arrests for possession and manufacture of methamphetamine.
Yes. I worked second shift, from 3 p.m. to 11 p.m.
Sometime after 10 p.m. did you receive a call from dispatch?
Yes, at approximately 10:25 p.m. on October 5, I received a dispatch call indicating that a
suspicious man had been seen at the Oxford Street Shop-Mart purchasing items that the
caller said were used to make methamphetamine—coffee filters, two boxes of Sudafed
cold medicine—and that the individual had also asked if engine-starter fluid was sold at
Shop-Mart. Based on my experience and training, I know that all of those items are
frequently used to manufacture methamphetamine; in fact, because of the increase in
methamphetamine use, some stores, including Shop-Mart, won’t let you buy more than
two boxes of a cold medicine containing pseudoephedrine, such as Sudafed, at a time.
Did the caller describe this suspicious individual?
Yes, I was informed by dispatch that the individual was a white male in his mid-20s
dressed in jeans and a dark hooded sweatshirt. The caller also stated that the individual
had dark hair and a goatee, and that he had been seen leaving the store and walking to a
red Jeep Cherokee in the Shop-Mart parking lot.
Did you take any action in response to this call?
Yes, I drove my squad car to the Shop-Mart, arriving at 10:28 p.m.—I had been only a
few blocks away when I received the call.
Did you find an individual matching the description there?
Not in the Shop-Mart parking lot. However, across Oxford Street, I saw a red Jeep
Cherokee parked in front of Cullen’s Food Emporium. There was no one in the vehicle,
but after a minute I observed a white male with dark hair and a small beard, wearing
jeans and a dark hooded sweatshirt, come out of Cullen’s with a small paper bag in his
hand. He got into the driver’s seat of the red Jeep Cherokee.
The individual appeared to be reaching over into the backseat, moving something around.
He then started the vehicle and drove away. I followed him for a mile or so, until he
stopped in front of an apartment building at 1230 8th Street. A man who had been sitting
on the stoop stood up, walked over to the Jeep, and appeared to have a brief conversation
with the driver. The Jeep Cherokee then pulled away from the curb and turned into the
alley that runs between number 1230 and the next apartment building.
What is the neighborhood like around 8th Street?
Well, in the last year we’ve seen an increase in calls and reports of criminal activity on
8th Street and the surrounding area. Only two months before we had busted a guy who
had been growing marijuana plants in the basement of his apartment building on 8th
Street, just a few blocks north of where the Jeep Cherokee stopped.
Okay. Now, what did you do after the vehicle entered the alley?
I activated the squad car’s lights and turned into the alley behind the Jeep Cherokee. The
Cherokee came to a complete stop. I got out of the squad car and approached the vehicle.
There was only the driver in the vehicle. I asked him for his driver’s license so I could
identify him. He took his license out of his wallet and gave it to me.
Did you then identify the driver by his driver’s license?
Yes, the name on the license was Brian McLain and the photo matched the driver.
Do you see the driver, Brian McLain, in the courtroom today?
Yes, he is seated at the near side of the defense table.
Let the record indicate that the witness has identified the defendant, Brian McLain.
Court: So noted.
He demanded to know why I had stopped his vehicle. I responded that I had reason to
believe that he had been purchasing items used in the manufacture of methamphetamine
and I requested consent to search his vehicle.
How did the defendant respond to that request?
He was angry and said, “Go ahead, I don’t have anything to hide.” He then made some
derogatory comments to the effect that the police should be out catching “the real
criminals.” A search of his vehicle revealed a paper bag in the backseat like the one I had
seen him carrying when he left Cullen’s Food Emporium. Inside it was a box containing
50 matchbooks. I also found a plastic Shop-Mart bag containing a receipt dated October
5, 2009, coffee filters, a package of coffee, and two boxes of Sudafed cold tablets. Each
box contained 20 tablets. In the glove box I found a plastic baggie containing what
I informed the defendant that I was placing him under arrest. I handcuffed him, read him
the Miranda warnings, and transported him to the Centralia West Side Police Station for
booking. I found $320 in cash in his wallet. During questioning, the defendant directed us
to a shed behind the building at 1230 8th Street where we found what is commonly
referred to as a “meth lab”: apparatus used to remove the pseudoephedrine in cold tablets
and produce methamphetamine for sale to drug users. The defendant’s meth lab
contained equipment and materials used in producing methamphetamine, some of which
showed recent use. Also, we found a glass beaker holding 18 grams of a whitish powder.
Testing by the Franklin Crime Lab found it to be street-grade methamphetamine.
Do you have an opinion, based on your training and experience, as to the street value of
Yes, based on my experience, about $2,500.
Based on your experience, is this an amount that would be kept for personal use only?
Absolutely not. It’s more than 150 sales.
Assistant District Attorney Ridley: Thank you. No further questions. Cross-Examination by Attorney Marcia Pierce
Officer, had you responded to reports of criminal activity at the Oxford Street Shop-Mart
Sure, it’s a busy place. I respond to a call there about once a month.
And hadn’t all those calls, before the night of October 5, 2009, been reports of shoplifting
and, let me see here, three reports of vandalism?
So this was the first time you’d had a report of someone purchasing items for the
manufacture of methamphetamine at that Shop-Mart store?
Those other calls, for shoplifting and vandalism, were all made by individuals identifying
themselves as either a Shop-Mart manager or an employee, weren’t they?
But the individual making the call to CrimeStoppers on October 5th didn’t leave his
name or otherwise identify himself, did he?
When you reached the Shop-Mart just five minutes after you were dispatched, did you
look for the person who made the report?
No, I was looking for the red Jeep Cherokee.
Buying coffee filters is not illegal, is it?
What about asking a store employee if the store stocks engine-starter fluid?
Did the anonymous CrimeStoppers caller mention that, in addition to the coffee filters,
the defendant purchased a package of coffee at the same time?
No, that wasn’t in the report I received.
But it’s not a grocery store that sells meat and fresh produce, is it?
So there wouldn’t be anything unusual about someone stopping by the Shop-Mart and
then going to Cullen’s Food Emporium to buy groceries, would there?
Franklin law doesn’t prohibit an individual from buying more than two boxes of Sudafed
So it’s only a Shop-Mart policy to allow a maximum purchase of two boxes at a time,
Isn’t it true that two boxes, containing a total of 40 tablets, would not be enough to
produce any significant quantity of methamphetamine?
Did the defendant ever exceed the speed limit or violate any motor vehicle law during the
You stated that two months before you arrested the defendant, your department arrested a
man for growing marijuana in his apartment building on 8th Street, right?
But you had never arrested an individual on 8th Street for maintaining a meth lab before?
No, that was the first meth operation we discovered on 8th Street.
You also arrested my client for possession of marijuana?
The Crime Lab tests came back negative for marijuana.
Atty.Pierce: Thank you. No further questions. Redirect by Assistant District AttorneyRidley
Have you had any reports of criminal activity that originated from the Oxford Street
Shop-Mart that turned out to be erroneous?
No. Since I’ve been assigned to this beat, every report I’ve received in regard to that
Shop-Mart has resulted in a criminal report being filed or an arrest.
AttorneyRidley: Thank you. Court: The witness is excused. FRANKLIN CRIMINAL CODE
§ 42. Possession with intent to distribute or deliver methamphetamine
(1) Except as authorized by this chapter, it is unlawful for any person to knowingly possess, with
intent to distribute, a controlled substance, to wit, methamphetamine. Intent under this subsection
may be demonstrated by, inter alia, evidence of the quantity and monetary value of the
substances possessed, the possession of paraphernalia used in the distribution of controlled
substances, and the activities or statements of the person in possession of the controlled
substance prior to and after the alleged violation.
(a) If a person knowingly possesses, with intent to distribute, 15 or more grams but less
than 100 grams of methamphetamine, the person is guilty of a felony.
§ 43. Possession of equipment or supplies with intent to manufacture methamphetamine
(1) No person shall knowingly possess equipment or chemicals, or both, for the purpose of
manufacturing a controlled substance, to wit, methamphetamine. . . .
(b) A person who commits an offense under this section is guilty of a felony.
§ 44. Possession of precursor chemicals for methamphetamine production
(1) It is unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, lithium
metal, sodium metal, iodine, anhydrous ammonia, or their salts, isomers, or salts of isomers with
intent to use the product to manufacture a controlled substance, to wit, methamphetamine. . . .
§ 51. Manufacture of methamphetamine
(1) It is unlawful for any person to knowingly manufacture methamphetamine. “Manufacture”
means to produce, compound, convert, or process methamphetamine, including to package or
repackage the substance, either directly or indirectly by extraction from substances of natural
origin or by means of chemical synthesis. Any person who violates this subsection is subject to
(b) A person who manufactures 15 or more grams but less than 100 grams of
State v. Montel
interlocutory order granting the defendant’s
police as the result of a Terry stop.
member of the rival gang. The police were
North Street, Franklin City Police, led by
unable to locate Montel that evening, and
Officer Tom Kane, spoke with Sam Barber,
did not find any evidence of the Elm Street
who told them that two men had shot at him
shooting, such as bullet damage or spent
through a fence while he was in his yard. He
shell casings. Nor were there any calls to
911 to report the shooting. A week passed
with no further investigation of the Elm
Mazda speed away shortly after the shots
Street shooting. Then, Officer Kane and his
were fired. Officer Kane knew that Barber
partner saw Montel drive by. They stopped
was a gang member and that his gang and a
the car and questioned Montel, who denied
Montel was charged with various firearms
Later that day, Officer Kane asked Barber if
he had any further information about the
shooting. Barber said that he had nothing to
add about his own shooting, but that he did
gathered in connection with the stop of the
car. The trial court granted the motion,
that same day. Barber said that his cousin
holding that “once the tip of the Elm Street
told him that she witnessed gunfire on Elm
shooting proved unreliable, the officers’
Street, in the same neighborhood, and that
criminal activity was not enough to establish
Mazda and a blue Honda with license plate
a reasonable and articulable suspicion of
SAO905. Barber refused to give police his
criminal activity adequate to stop his car.”
cousin’s name or any information about her.
tendency to identify a determinate person.”
police acted reasonably in stopping Montel
Florida v. J.L., 529 U.S. 266, 272 (2000).
and his passengers. Our review is de novo.
In State v. Sneed (Franklin Ct. App. 1999),
The Fourth Amendment protects individuals
from unreasonable searches and seizures.
Police, however, have the right to stop and
surveillance after receiving a tip from an
untested confidential informant that heroin
interrogate persons reasonably suspected of
dealing was taking place there. We held that
criminal conduct. Police may make a brief
the police did not have reasonable suspicion
investigatory stop if they have a reasonable
to stop the defendant, noting that there was
no testimony that the area was known for
afoot. Such stops by police are often called
drug trafficking or that there had been short-
“Terry stops” after the leading case, Terry v.
term traffic to the house. The officers in
Ohio, 392 U.S. 1 (1968). The test is whether
Sneed, as here, based their stop solely on
the officers have “a reasonable suspicion,
grounded in specific and articulable facts,
without having that information verified by
that the person [is] involved in criminal
activity” at the time. Id. To determine
whether the suspicion is reasonable, courts
will look at the totality of the circumstances
reliable because of the officers’ interactions
with Barber, and because Barber was able to
report a crime supposedly witnessed by his
cousin. But this is not a case involving a
“personal observation” or “firsthand
account” of a crime, as in those cases
information in the past—may be sufficient,
finding that the facts justified a Terry stop.
in and of itself, to warrant a Terry stop. But
The “tip” was hearsay. There was no way of
an anonymous tip is different; it must be
knowing Barber’s cousin’s state of mind at
corroborated, such as by investigation or
independent police observation of unusually
whether she could reliably and accurately
suspicious conduct, and must be “reliable in
its assertion of illegality, not just in its
Most importantly, the police had specific
known for drug activity does not, by itself,
reasons to doubt the veracity of the tip about
the Elm Street shooting by the time they
Because the tip relating to the identification
of the cars had a relatively low degree of
other reports about the supposed shooting
reliability, more information was necessary
investigation had not uncovered any other
evidence that the shooting had occurred. In
insufficient to provide reasonable suspicion
fact, the investigation undermined the tip’s
for the officers’ stop of the Montel vehicle.
reliability. Officer Kane testified at the
suppression hearing that it was “typical” for
In the end, the police had little more reason
neighborhood shootings to be reported to
911, and for evidence such as “ballistics
activity when they stopped him than they
damage or shell casings” to be found in the
did before receiving the hearsay tip. They
area, or reported gunshot wounds. He said
suspected him of being affiliated with a
their investigation of the Elm Street shooting
gang and knew of his recent arrest. And they
knew that there had been gang violence in
the neighborhood. But the government does
not suggest that the police had information
reliance on a tip, “reasonable suspicion” that
a crime has been or is about to be committed
violence. The only possible crime to which
“requires that the tip be reliable in its
the police could tie Montel—the Elm Street
assertion of illegality.” J.L., 529 U.S. at 272.
shooting—was the one that appeared, in all
The license plate number provided a solid
means of identifying Montel, but it did not
corroborate the tip’s assertion that he had
been involved in a shooting on Elm Street.
The fact that the area of Franklin City where
Montel’s car was stopped is a high-crime
area did not warrant the stop. See State v. Washington (Franklin Ct. App. 1988). A
person’s mere presence in a high-crime area
State v. Grayson
valid investigative stop is well-known and
the defendant in this drug-possession case,
need not be repeated here. SeeState v.
leave to appeal from an order denying his
Montel (Franklin Ct. App. 2003). The sole
question here is whether the anonymous tip,
police in the course of an investigatory stop.
as corroborated by independent police work,
exhibited sufficient indicia of reliability to
caller reported to police that Grayson would
provide reasonable suspicion to make the
stop. We consider it a close question. But we
particular time in a particular vehicle with a
are satisfied that the stop was appropriate
broken right taillight. The caller also said
under the totality of the circumstances.
Although not every detail of the tipster’s
“story” was verified, the other information
was sufficiently corroborated—in particular,
Police proceeded to the apartment complex
where they observed a vehicle matching the
described by the tipster, entered a vehicle
caller’s description. They saw a man leave
matching the description provided by the
tipster, and followed a route consistent with
enter the vehicle and drive off. The officers
that predicted by the tipster. We believe
followed the car as it took the most direct
these facts meet the “independent police
route to the motel reported by the caller.
corroboration” requirement and we therefore
Police stopped the vehicle “just short” of the
The law on the subject of the sufficiency of
“reasonable suspicion” necessary to make a
State v. Decker
Defendant George Decker was charged with
offense is necessarily included within the
greater offense if it is impossible to commit
assault. He moved to dismiss the charges as
the greater offense without first having
multiplicitous, claiming that the latter charge
is a lesser-included offense of the former.
The court of appeal affirmed the district
If, however, each of the offenses contains at
court’s denial of Decker’s motion to
least one element that the other does not, the
test is not satisfied. Id. For example,in State v. Jackson (Fr. Ct. App. 1992), a crack
The complaint charged that Decker entered a
cocaine pipe containing cocaine residue was
hotel room registered to his girlfriend, Mary
found on the defendant. He was tried for
Carls, through a locked door and without her
possessing the cocaine inside the pipe in an
permission. Once in the hotel room, Decker
amount less than five grams. He moved the
court for a jury instruction on the lesser-
paraphernalia, rather than cocaine. The court
Where the same event or transaction gives
convicted for possessing cocaine. Affirming
rise to two statutory offenses, courts must
the district court’s ruling, the court of appeal
included offense of the other. This analysis
begins with a comparison of the elements of
both offenses, known as a “strict elements”
test. If the elements of the “greater” crime
“lesser” crime, then the latter offense is a
lesser-included offense and prosecution of
Blockburger v. United States, 284 U.S. 299
(1932). This test is codified in Franklin
Criminal Code § 5(2). A lesser-included
burglary, “the State must prove each and
every element of the offense of assault and
the fact-finder must determine . . . an assault
was committed during the burglary”; if so,
elements of first-degree burglary, a violation
separate offense). Although the elements of
of Franklin Criminal Code § 23. To extract
first-degree burglary include, in almost
the elements, we determine what the statute
identical form, the elements of assault,
requires. Section 23 specifies that a burglary
Franklin case law does not require a strict
is committed when “a defendant knowingly
textual comparison such that only where all
enters an occupied structure with the intent
to remain therein unlawfully with the intent
coincide exactly will one offense be deemed
to commit a crime of violence . . . including
a lesser-included offense of the greater.
assault and causes serious bodily injury to
Instead, if, in comparing the elements of the
offenses in the abstract, the offenses are so
elements in this case as the defendant (1)
similar that the commission of one offense
will necessarily result in commission of the
unlawfully, (3) in a building or occupied
other, then the offenses are multiplicitous.
structure, (4) with intent to cause bodily
injury, and (5) causing serious bodily injury
burglary necessarily include the elements of
assault, assault is a lesser-included offense
The elements of second-degree assault, a
violation of Franklin Criminal Code § 12,
conclude that it was error to deny the motion
are that the defendant (1) with intent to
cause bodily injury to another person, (2)
caused serious bodily injury to that person.
burglary include the elements of assault.
Thus, assault is a lesser-included offense of
first-degree burglary. See State v. Astor (Fr.
You will have 90 minutes to complete this session of the examination. This performance test is designed to evaluate your ability to handle a select number of legal authorities in the context of a factual problem involving a client. The problem is set in the fictitious state of Franklin, in the fictitious Fifteenth Circuit of the United States. Columbia and Olympia are also fictitious states in the Fifteenth Circuit. In Franklin, the trial court of general jurisdiction is the District Court, the intermediate appellate court is the Court of Appeal, and the highest court is the Supreme Court. You will have two kinds of materials with which to work: a File and a Library. The first document in the File is a memorandum containing the instructions for the task you are to complete. The other documents in the File contain factual information about your case and may include some facts that are not relevant. The Library contains the legal authorities needed to complete the task and may also include some authorities that are not relevant. Any cases may be real, modified, or written solely for the purpose of this examination. If the cases appear familiar to you, do not assume that they are precisely the same as you have read before. Read them thoroughly, as if they all were new to you. You should assume that the cases were decided in the jurisdictions and on the dates shown. In citing cases from the Library, you may use abbreviations and omit page references. Your response must be written in the answer book provided. If you are taking the examination on a laptop computer, your jurisdiction will provide you with specific instructions. In answering this performance test, you should concentrate on the materials in the File and Library. What you have learned in law school and elsewhere provides the general background for analyzing the problem; the File and Library provide the specific materials with which you must work. Although there are no restrictions on how you apportion your time, you should be sure to allocate ample time (about 45 minutes) to reading and digesting the materials and to organizing your answer before you begin writing it. You may make notes anywhere in the test materials; blank pages are provided at the end of the booklet. You may not tear pages from the question booklet. This performance test will be graded on your responsiveness to the instructions regarding the task you are to complete, which are given to you in the first memorandum in the File, and on the content, thoroughness, and organization of your response.
www.pomed.org ♦ 1820 Jefferson Place NW, Suite 400 ♦ Washington, DC 20036 “Duality by Design: The Iranian Electoral System” International Foundation for Electoral Systems 1850 K Street NW, Fifth Floor, Washington DC Tuesday, March 29th, 12:00pm-1:30pm On Tuesday, the International Foundation for Electoral Systems (IFES) held a discussion for the release of the new IFES
Write your name and SID on the top of each page! If you need extra space, use the back of the sheet. No computers or electronic communications devices allowed. Two double-sided sheets of notes allowed. Please limit all responses to “short answer” questions to 1-2 sentences. 1. (35 pts) Consider a patient with the following physiologic values. Assume all measurements are taken at atmospheri