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Criminal Law Keyed to Johnson
Powell v. State
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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:
Anthony Powell (Defendant) was charged with rape and aggravated sodomy related to sexual conduct involving his wife’s seventeen-year-old niece in Defendant’s apartment. The niece testified that the sexual acts occurred without her consent and against her will, while Defendant stated that he performed the acts with the niece’s consent. When giving the jury charge, the trial court provided instructions on the law of sodomy, O.C.G.A. § 16-6-2(a). The jury acquitted Defendant of the rape and aggravated sodomy charges, but found him guilty of sodomy, indicating that the state did not meet its burden of proving the sexual acts were committed by force and against the niece’s will. Defendant appealed his conviction, arguing that the statute criminalizing acts of sodomy engaged in by adults, in private and without force, is unconstitutional, because it infringes upon his state-granted privacy rights.
- 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.