Sample Legal Case Paper
QUESTION PRESENTED 1. Under Alabama’s burglary statute, does a former occupant of an apartment who partially moved out four to five days before committing a felony in the apartment and who has a estranged relationship with the occupant have an absolute right to enter?
BRIEF ANSWER
1. Probably not. A person has an absolute right to enter as long as he remains an occupant of the apartment, ownership is irrelevant, and an estranged marital relationship is not sufficient. Hawthorn had moved out of the apartment four to five days prior to the incident which is probably a sufficient amount of time for the courts to rule he was no longer an occupant. Additionally, his estranged relationship with Evergreen, his ex-fiancé, is not enough to constitute an absolute right to enter. Therefore, Hawthorn likely did not have an absolute right to enter.
DISCUSSION
Alabama’s burglary statute states:
A person commits an offense if, without authority, he enters or remains in a building or habitable structure with intent to commit an offense therein. Ala. Code § 13 A-7-7 (2000). A person enters without authority when he does not have either an absolute or conditional right to enter. Gauze v. State, 542 So. 2d 1365 (Ala. 1975). This memorandum will look at whether Hawthorn had an absolute right
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In our case Hawthorn was entering the apartment of his ex-fiancé. This relationship with the current occupant does not help establish an absolute right. In fact, Hawthorn’s relationship with Evergreen, his ex-fiancé, is significantly weaker than the estranged marriages found in both Sears and Davenport. Because estranged marriages were not enough to establish an absolute right, there is even less of a chance that Hawthorn’s broken off engagement would grant him an absolute
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