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Criminal Law Keyed to Johnson
State v. Latraverse
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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:
Salvatore Lombardi, an undercover police detective, purchased four stolen cars from Paul Latraverse (Defendant). Defendant was subsequently arrested and arraigned on charges of receiving stolen goods. Defendant was freed on bail to await a grand jury proceeding at which Lombardi was to testify. Late one night, Lombardi was at home when he heard a car with a loud muffler. Lombardi looked outside and noticed a car with a license plate from Defendant’s dealership stop across the street. After waiting several minutes, Lombardi radioed for police backup. As the backup vehicle approached, Defendant’s vehicle made a U-turn and drove away. The backup vehicle pursued Defendant’s car. Upon searching inside, the police observed a can of gasoline, a rag, matches, a baseball bat, a hanger stretched to open a car door, and a threatening note addressed to Lombardi. Defendant was charged with attempting to knowingly and maliciously dissuade a police officer from giving testimony before a grand jury. After waiving a jury trial, Defendant moved for a judgment of acquittal, arguing that he had abandoned his preparations to commit any criminal act. The trial judge ruled that the abandonment defense was unavailable and returned a conviction. Defendant appealed.
- 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.