Confirm favorite deletion?
Criminal Law Keyed to Johnson
Dowden v. State
Facts
Dowden’s (Defendant) brother was arrested and held in the city jail at the police station. Defendant decided to help his brother escape and went with his sister-in-law and a friend, Clifford Blansett, to the police station with a rifle and a pistol. Upon entering, Defendant slammed open the door, pointed the automatic gun at two officers, and said he was there to get his brother. One of the officers, Captain Gray, lunged at Defendant, grabbing him and forcing him into the hallway. The door closed behind them. Officer Windham and a dispatcher, Denton, were in the office and could not see what was happening, but they heard a shot fired. Windham and Denton assumed Defendant had killed Captain Gray, because they could no longer see the officer. Windham and Denton then exchanged gunfire with Defendant. Windham heard movement in the hallway, and Denton yelled, “[h]e’s coming through the door.” After another gunshot, the door flung open, and Windham immediately shot three times while on his knees. Windham admitted that he did not look before he fired, because he thought it could only be Defendant coming through the door. It was soon discovered that the man lying in the doorway was not Defendant, but Captain Gray. Examination of the bullets indicated that Windham had killed Captain Gray. Defendant confessed to the events, stating that he opened the door to the office and started shooting after an officer lunged at him. Defendant was convicted of capital murder for the death of Captain Gray and sentenced to life in prison. Defendant appealed, arguing that the trial court erred in not granting his motion for a directed not-guilty verdict, because the evidence clearly showed that Officer Windham shot and killed Captain Gray. Defendant also complained that the court misinterpreted Texas’s penal code § 6.04(a), which states that a person is responsible if the result would not have occurred but for his conduct, either alone or together with another cause, unless the other cause was clearly sufficient to produce the result and the actor’s conduct clearly insufficient.
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.
- 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.