Issues
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Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
The Columbine High School massacre had just occurred, and school officials, students, and parents across the nation were afraid that copycat crimes would occur in their own schools. Rumors circulated in Hoggard High that the school was to be bombed on 4 May 1999. A student in Mr. Ostrowski's keyboarding class discovered a screen saver on one computer which stated, 'The end is near.' Mr. Ostrowski contacted the police officer assigned to work with Hoggard High School. The screen saver had been created by D, a student. D admitted having written the message, and that defendant said he 'didn't mean anything by it. He put it on there for the meaning of the end of the school year or the end of time, or whatever.' Detective Kerr testified he knew the screen saver was a prank; however, he subsequently charged D with the crime of communicating a threat. At the close of evidence at trial, D made motions to dismiss the charge, which motions were denied. The jury found D guilty as charged. D appealed.
Holding & Decision
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Legal Analysis
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