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Criminal Law keyed to Dripps
State v. Delmarter
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Rodney Guy Delmarter (Defendant) was observed by a pharmacist at a Warren’s Drug Store near the prescription counter walking around the shelves and magazine racks. The pharmacist then noticed Defendant inside the pharmacy area crouched down on the floor near a camouflaged cash drawer containing about $1,800 where drugstore employees went to make change throughout the day. Immediately prior to Defendant entering the pharmacy area, a drugstore employee had gone to the drawer to obtain change. Often, clerks would shout requests for change from one end of the store to the pharmacy area. When the pharmacist confronted Defendant near the cash drawer, a struggle ensued and Defendant fled with two companions. Defendant was charged with simple assault and first-degree attempted theft. At trial Defendant testified that he went to the drugstore to buy cough syrup, placed his change on the pharmacy counter, and some of it rolled off the counter onto the floor inside the pharmacy area. Defendant was convicted of simple assault and first-degree attempted theft. After the jury returned its verdict, Defendant moved for a new trial and/or to reduce the conviction to attempted theft in the third degree. Both motions were denied. Defendant appealed only the first-degree attempted theft conviction. The court of appeals affirmed the conviction and Defendant appealed to the Supreme Court of Washington.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.