Criminal Law keyed to Dripps
United States v. Turner & Kelly
While working for a federal public housing project, Robert Turner, Guinn Kelly, and Kenneth Givens (Defendants) submitted false time cards that showed they worked more hours than they truly did. Defendants were indicted on various charges stemming from specific dates and time, including stealing money from a federal agency in violation of 18 U.S.C. § 641, making a materially false statement to a federal agency in violation of 18 U.S.C. § 1001(a), and conspiring with another person to do either of the above in violation of 18 U.S.C. § 371. By the time of trial, a superseding indictment (S1) was returned against Defendants. On the fourth day of their initial trial, the district court declared a mistrial. Thereafter, the district court denied motions by Turner and Kelly to dismiss the indictment and they appealed. The U.S. Court of Appeals for the Eighth Circuit reversed and held that no “manifest necessity” existed for declaring a mistrial. The matter was remanded back to the district court. Four months later, the Government returned another superseding indictment (S4) against Turner and Kelly only. The factual basis for the charges in S4 was the same as the basis for the charges contained in S1. However, in S4 some pay periods were added to, or dropped from, those in S1 and some of the charges had been shifted around. A charge of aiding and abetting was included in the S4 indictment but not in S1. Turner and Kelly moved to dismiss S4 on the grounds of double jeopardy and res judicata. The district court denied the motions and Turner and Kelly appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.