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Criminal Law Keyed to Weaver
Fulcher v. State
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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:
After drinking excessively at a bar, Fulcher (Defendant) and his friend were arrested for public intoxication when a police officer found them lying in the alley behind the bar. The two men were placed in a cell with Martin Hernandez who was lying unconscious on the floor. When the jailer left he heard something like a person being kicked. Upon returning to the cell, the jailer noticed Defendant standing over Hernandez, kicking him in the head. Hernandez was bleeding profusely and immediately taken to a hospital. Defendant was charged with aggravated assault without a dangerous weapon. Prior to trial, Defendant entered a plea of not guilty by reason of temporary mental illness. However, after being advised that he would be committed to an institution for examination, Defendant changed his plea to not guilty. At a bench trial, Dr. LeBegue testified that Defendant suffered brain injury and was in a state of traumatic automatism at the time of the attack on Hernandez. Dr. LeBegue defined traumatic automatism as the state of mind in which a person does not have conscious and willful control over his actions and lacks the ability to be aware of and to perceive his external environment.
- 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.