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Criminal Procedure keyed to Kamisar
Gray v. Maryland
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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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- 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:
In 1993, Bell and Gray were tried jointly for the murder of Stacey Williams. Bell refused to testify and his confession was entered against him at trial. According to the Judge’s Order, when the confession was read, the name of Gray was to be deleted and, instead the word “deleted” was to be used. The jury convicted both parties and Gray appealed. The intermediate appellate court applied Bruton v. United States (391 U.S. 23), which held that a jury should consider a confession only against the confessing codefendant and the introduction of such a confession at a joint trial is a violation of the nonconfessing defendant’s sixth amendment right to cross-examine witnesses. The conviction was later reinstated by the Maryland Supreme Court, and cert was taken to the United States Supreme Court.
- 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.