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Criminal Law Keyed to Johnson
People v. Guenther
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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:
A group of people were drinking at a party at the home of Michael and Josslyn Volosin. Three men left the party and went across the street to the home of David Guenther (Defendant) and his wife, Pam, where they shouted at and challenged Defendant to go outside. The three men left after Pam said that she was going to call the police. The events that followed are in dispute, but Pam and Defendant alleged that Michael and his friends returned and that, when Pam opened the door, Michael grabbed Pam and pulled her outside. Pam screamed for Defendant, who came to the front door and fired four shots, wounding Michael and his friend Robbie and killing Josslyn. Defendant was charged with the second-degree murder of Josslyn and the first-degree assault of Michael and Robbie. Defendant moved to dismiss the charges, arguing that he was immune from criminal prosecution under § 18-1-704.5 of Colorado law, which provides that the occupant of a dwelling is immune from criminal prosecution for the use of physical force against a person who makes an unlawful entry into the dwelling. The trial court dismissed the charges against Defendant, and the prosecution 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.