Criminal Law keyed to Dripps
State v. Dobbins
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- 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.
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- Brief Facts: A Synopsis of the Facts of the case.
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- 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:
Ramona Dobbins (Defendant) approached ninety-one-year-old John Postudensek at his home and asked him to help her start her vehicle. While Postudensek was working on Defendant car, she left for a period of time. About twenty minutes later, Postudensek was walking back to his home when he saw Defendant walking toward him with a battery charger. Once inside his home Postudensek noticed that his wallet containing about $49, along with money on his dresser, and his battery charger were missing. Postudensek reported the incident to police and, in the course of the investigation, indicated that Defendant might have taken the items. Defendant was charged with second-degree burglary and she subsequently pled guilty to the charge. The presumptive sentence for the crime is a forty-three-month term of imprisonment. Defendant moved the court for a downward departure from the presumptive sentence, citing mental impairment and an opportunity to participate in a mental health program if the court imposed probation. The district court denied Defendant’s motion and sentenced her, according to the state’s guidelines, to forty-three months in prison. Defendant appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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