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Criminal Procedure keyed to Weinreb
Kuhlmann v. Wilson
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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:
Defendant Wilson robbed a garage and killed the dispatcher. He claimed he witnessed the murder but denied involvement and was jailed. Police instructed an informant to share a cell with the defendant and not to question him, but to “keep his ears open.” After being told that his family was upset because they thought he had killed the man, the defendant told the informer of his involvement in the murder. The defendant was tried and convicted of murder, with the trial court denying his motion to suppress the statements. The defendant sought habeas relief and was denied by the District Court, a decision that was affirmed by the Court of Appeals. Then United States v. Henry, 447 U.S. 264 (1980) was decided, and the defendant sought retroactive application of its rule to his situation. This habeas relief was denied at the District Court level, but successful in the Court of Appeals. The prosecution was then granted certiorari.
- 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.