Criminal Law Keyed to Weaver
Pennsylvania v. Potts
Facts
David Owens (Owens) informed Ernest Potts (Defendant) that Michael Cunerd (Cunerd) was the person who burglarized his home. Defendant, accompanied by Owens, drove Cunerd to a deserted area and questioned Cunerd about the burglary. Owens was armed with a knife, and Defendant carried a pen-gun. Cunerd denied any involvement in the burglary. Defendant parked the car and ordered Cunerd out to fight. After a brief tussle between Defendant and Cunerd, Owens exited the car, and Cunerd fled. Owens chased Cunerd, caught him, and stabbed Cunerd to death. Defendant watched the murder from about 30 feet away. After Cunerd died, Defendant approached the body and told Owens to look through Cunerd’s pockets. At Owens’s suggestion, both men then fled. Defendant later admitted to police that he knew that Owens was armed when Defendant drove Cunerd to the deserted area. A witness, William Dales, told police that two days before the murder, Defendant had told Dales that Defendant was going to kill Cunerd.
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.