Ethics Keyed to Hazard
Jones v. Barnes
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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:
Respondent, David Barnes, was convicted of robbery and assault in New York and attorney Michael Melinger was appointed by the court to represent him in his appeal. Respondent sent Melinger a copy of a pro se brief that he had written, along with a letter listing several claims that he felt should be raised in the pending appeal. In his response, Melinger explained that many of these claims would not be allowed-as they were based on evidence not on the record-and listen the seven claims that he was considering, requesting Respondent’s input. Receiving no response, he proceeded to appeal the case on those claims and lost. Respondent challenged this decision, claiming ineffective assistance of counsel, and his claim was upheld by the Second Circuit.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.