Criminal Procedure keyed to Weinreb
United States v. Hubbell
Facts
The defendant, after pleading guilty to crimes arising out of his involvement with the Whitewater scandal, entered into a plea agreement with the Independent Counsel in which he agreed to provide full and accurate information regarding those matters. While incarcerated, the defendant responded to a subpoena duces tecum and appeared before a grand jury, where he promptly asserted his Fifth Amendment constitutional right not to incriminate himself. The Independent Counsel produced an order obtained pursuant to 18 U.S.C. Section:6002 granting the defendant immunity “to the extent allowed by law,” but thereafter used the documents that the defendant then produced before a Grand Jury to obtain a 10-count indictment against him. The District Court dismissed the indictment on the grounds that it violated 18 U.S.C. Section:6002. The Court of Appeals vacated the judgment and remanded the case for further proceedings to determine whether the Independent Counsel knew, with reasonable particularity, that the documents it sought existed prior to their production by the defendant.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.