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Criminal Law Keyed to Lee
Commonwealth v. Carr
Citation:398 Pa.Super. 306, 580 A.2d 1362 (1990)
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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:
Claudia Brenner and Rebecca Wight, a lesbian couple, were out hiking and stopped at the campsite for the night. While they were engaging in sexual intercourse, Brenner was shot in the right arm. After a short pause, more shots were fired and Brenner was struck four additional times. Wright ran for cover and was shot in the head and back. Wright died from her injuries.
Stephen Carr was arrested and taken into custody, wherein he made incriminating statements. He was subsequently found guilty of murder.
At trial, Carr defended himself by stating that he shot Brenner and Wight in the heat of passion caused by serious provocation from their homosexual acts. In order to support this defense, he showed a history of constant rejection by women, including his mother who may have been involved in a lesbian relationship. This was relevant, he contended, to show that he was impassioned when provoked by the women. The trial court refused to allow evidence of Carr’s history.
- 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.