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Criminal Law keyed to Dripps
State v. Howard
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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:
Howard (Defendant) was engaged in an argument with a group of people at a friend’s house, and, knowing ahead of time that he might get into the argument, Howard had brought a shotgun. At one point during the argument, Danny Johnson lunged at Howard and Howard fired his shotgun at Johnson. At the same time, Stan Crager jumped in between Howard and Johnson trying to stop the fight. The shotgun blast hit Crager. Johnson then stumbled toward another gun that was sitting in the room, and Howard shot him, too. Both Crager and Johnson died. Howard was charged with two counts of first-degree murder. The trial court instructed the jury on the lesser-included offenses of second-degree murder and manslaughter. Howard requested a jury instruction on negligent homicide as well. The trial court declined his request and the jury convicted him of second-degree murder and manslaughter. Howard appealed alleging that the trial court erred by not instructing the jury on negligent homicide.
- 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.