Paul A. McLennon, Sr., Honors Moot Court Competition Final Round and Awards Dinner

Paul A. McLennon, Sr., Honors Moot Court Competition Final Round and Awards Dinner

This event occurred in the past

Date and Time

  • Wednesday, March 28, 2018 from 5:30 p.m. to 8:30 p.m.

Location

Warren Hall, Grace Courtroom and La Gran Terraza

5998 Alcala Park San Diego, CA 92110

Cost

0

Details

The Paul A. McLennon, Sr., Honors Moot Court Competition provides an opportunity for students to develop their brief writing and advocacy skills and to test these skills in an open, rigorous competition. Organized by the Appellate Moot Court Board, the competition consists of several preliminary rounds, culminating in the final round argued before a distinguished panel of judges. This competition was established by USD Professor Michael Devitt to honor long time family friend, attorney and naval officer, Paul A. McLennon, Sr. 

Registration for this event is now closed.

Esteemed Judges

Hon. Larry A. Burns, District Judge, Southern District of California
Hon. Cathy Ann Bencivengo, District Judge, Southern District of California
Hon. Gonzalo P. Curiel, District Judge, Southern District of California

Schedule

Final Round Competition - 5:30 p.m. (Warren Hall Grace Courtroom)
Dinner - 6:30 p.m. (University Center La Gran Terraza)

Case Before the Court

In State of Evergreen v. Samuel Malone, Respondent Samuel Malone, a citizen of Evergreen, was convicted of possessing a firearm in public without a proper permit, in violation of Penal Code Section 214.230.  Malone had a permit to keep the gun in his home but did not have the permit to carry openly in public.  Malone applied for the open carry permit but was still waiting for approval when he purchased the gun.  On his way home, he hit traffic and decided to park and wait it out.  He left his car and brought his gun with him and was arrested.  Malone hired attorney Ed Glosser to represent him, but after a personal disagreement he attempted to remove him.  Malone, who was indigent by the start of trial, sought appointed counsel to replace Glosser.  The trial judge denied the motion to withdraw and refused to appoint a public defender.  Malone was convicted and sentenced to one year in prison.

Malone argues his Second Amendment rights were violated by the arrest, because Section 214.230 is an unconstitutional burden on the right to carry a gun in public.  He argues that Section 214.230 fails strict scrutiny because it is overly burdensome and open carrying is a core right.  In addition, Malone argues that denying the motion to withdraw was a violation of his right to counsel under the Sixth Amendment.  Petitioner, the State of Evergreen, argues that open carriage is not a core right under the Second Amendment, and therefore intermediate scrutiny is the correct standard.  The state also argues that Section 214.230 passes muster under intermediate scrutiny.  Further, Evergreen contends that Malone had no good cause for dismissing Glosser and therefore his Sixth Amendment rights were not violated.

In this tournament, the United States Supreme Court will address: (1) Whether Evergreen’s gun statute violated Malone’s Second Amendment rights when he was arrested for unlawful possession of a firearm; and (2) Whether the trial judge violated Malone’s Sixth Amendment rights by denying the defense motion to withdraw and refusing to appoint counsel.

Directions and Parking
Visitors are required to display a valid permit Monday through Friday from 7 a.m. to 7 p.m. and are required to pay for parking on campus. Metered parking is available in multiple locations on campus, but we recommend you park in the Mission Parking Structure which is a short walk to Warren Hall and the University Center. Visit the Paid Parking Information page for additional information. 

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Warren Hall, Room 201
5998 Alcalá Park
San Diego, CA 92110