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Criminal Procedure keyed to Kamisar
Gagnon v. Scarpelli
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- 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.
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- 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:
The respondent pleaded guilty in July 1975 to a charge of armed robbery in Wisconsin. He was sentenced to fifteen years in prison, but the sentence was suspended and he was placed on probation for seven years. On August 6, 1975, the respondent and another man were apprehended in the course of committing a burglary of a house. The respondent’s probation was revoked without a hearing and without being represented by counsel. The respondent filed a petition for habeas corpus.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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