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Criminal Procedure keyed to Weinreb
Cupp v. Murphy
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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:
The Respondent, Daniel Murphy (the “Respondent”), was convicted of the second degree murder of his wife. After learning of the murder, the Respondent called the police and voluntarily submitted to questioning. During the questioning, the police noticed a dark spot on the Respondent’s finger. The police thought the spot could have been dried blood and during the questioning asked the Respondent if they could have a sample of what was under his fingernail. He refused. Irrespective of his protests, the police took a sample. It turned out that there were traces of skin, blood and fabric from the deceased’s nightgown in the sample. The evidence was admitted at trial. The Respondent appealed his conviction and argued that the taking of the samples were the product of an unconstitutional search under the Fourth and Fourteenth Amendments of the United States Constitution (“Constitution”). The Oregon Court of Appeals affirmed the conviction. The Respondent then moved for habeus corpus relief and the District Court denied his petition. Thereafter, the Ninth Circuit reversed and held the search was unconstitutional. They found that the police had probable cause to arrest the Respondent, but that they did not have the right to conduct the search for physical evidence.
- 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.