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Criminal Law keyed to Dripps
People v. McNeese
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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:
Vivian Daniels entered into an oral agreement with Robert Earl McNeese (defendant) for Vivian to stay at Defendant’s apartment, pay rent, and on the condition that her common-law husband John Daniels, never enter the premises. John Daniels had a reputation for not liking African-Americans. Defendant was an African-American. After about three months, Defendant made unwanted sexual advances on Vivian and she decided to move out. Vivian went to an apartment shared by John Daniels and Keith Tollefson. Immediately thereafter John and his friend David Wessels, and Vivian went to Defendant’s apartment to collect some of Vivian’s belongings. While there, John choked Defendant and threatened to kill him if he harmed Vivian again. Defendant stabbed and killed John and Wessels and stabbed Vivian in the head, wounding her. Vivian ran out of the apartment and called the police. Defendant was charged with first-degree murder and first-degree assault. After a preliminary hearing, the county court bound Defendant over for trial on two counts of second-degree murder. Additionally, Defendant was bound over for trial on the attempted first-degree murder and first-degree assault charges arising out of the stabbing of Vivian. Defendant filed a motion to dismiss, alleging that he was immune from prosecution under the state’s “make-my-day"statute. The trial court granted Defendant’s motion. The court of appeals affirmed.
- 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.