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Criminal Law Keyed to Johnson
State v. Weddell
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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:
On October 6, 1997, a Chevrolet truck drove onto the property of a business owned by Rolland Weddell (Defendant). One of Defendant’s employees approached the truck, which accelerated toward and hit the employee. A passenger in the truck, James Bustamonte, threatened the employee and asked for Defendant’s daughter. The next day, Defendant heard that Bustamonte was looking for Defendant’s daughter to speak about a drug deal. Defendant gave Bustamonte’s address to the police department, but when the police did not act on the information, Defendant went to Bustamonte’s home himself. Defendant saw the same Chevrolet truck from the previous day parked in the driveway and called the police. Fifteen minutes later, when Bustamonte exited the house, the police still had not arrived. Defendant parked his car behind the Chevrolet truck to prevent Bustamonte from leaving and pointed a gun at Bustamonte, attempting to make a citizen’s arrest by demanding that Bustamonte place his hands on the hood. Instead, Bustamonte attempted to run, and Defendant shot at Bustamonte a number of times. Defendant was later charged with assault with a deadly weapon and discharging a firearm at another person. Previously, § 200.160(3) of the Nevada Revised Statutes (NRS) codified the fleeing-felon rule under common law, which allowed a private person to use deadly force to detain a felon. However, the state legislature later repealed NRS § 200.160(3) and enacted NRS § 171.1455, which limited the use of deadly force by police officers when making a felony arrest. The district court determined that Defendant’s use of deadly force to effect Bustamonte’s arrest was permissible under Nevada law and dismissed the charges. The State 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.