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Criminal Procedure keyed to Saltzburg
Barker v. Wingo
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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 July of 1958, an elderly couple was beaten to death by intruders. One of the Suspects, Willie Barker. They were indicted on September 15th of that same year, counsel was appointed and the Commonweath decided to try Manning first to obtain a conviction before trying Barker. Manning was tried six times, the first four of which were fraught with mistakes and resulted in new trials. In February of 1963, after Manning was found guilty of the both murders, the Commonwealth moved to have Barker’s trial scheduled. It was then continued twice more. At the commencement of the trial, Barker moved to have the case dismissed for lack of prosecution o the grounds that his right to a speedy trial had been violated. The Motion was denied and he was convicted and given a life sentence. Barker appealed and ultimately came to the 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.