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Criminal Law Keyed to Johnson
State v. Hoang
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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:
Thai Do Hoang (Defendant) was paid $1,000 to burn down a building. Defendant hired three assistants, Dung Anh Tran, Thuong Nguyen, and Soubong. The four men went to the building, and Defendant broke one of the windows. Dung and Thuong entered, and Defendant gave them two gasoline containers through the window, though he stayed outside. Shortly thereafter, Defendant saw flames and smoke inside the building. Defendant waited for the other men to come back. However, upon hearing sirens drawing near, Defendant left. Dung’s body was found badly burned, and Thuong, also found in grave condition, later died of smoke inhalation. Pour patterns, as well as the gasoline cans and other evidence, established that the cause of the fire was arson, and Defendant was arrested the next day. Defendant confessed to his role in the arson. Defendant was charged with burglary, arson, and two counts of felony murder. The Kansas felony-murder statute provides, “[m]urder in the first degree is the killing of a human being committed maliciously, willfully, deliberately and with premeditation or committed in the perpetration or attempt to perpetrate any felony.” The trial judge dismissed the felony murder counts. 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.