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Evidence keyed to Waltz
Clark v. State
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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 Appellant was convicted of murdering his ex-wife and sentenced to death. The deceased was killed by a gunshot wound from a .38 revolver at home in her bed. The Appellant’s former step-daughter testified that she awoke the night of the murder and saw the Appellant standing by her bed. He asked her for help in persuading her mother to come back to him, and she saw that he was carrying a pistol. Tomas Menchaca (“Mr. Menchaca”) testified that he was with the Appellant throughout the night of the murder. Mr. Menchaca’s testimony showed that the Appellant did visit the deceased’s home and that he was carrying pistols throughout the night. He also identified the knife found in the deceased’s home as belonging to the Appellant. A telephone operator in the City of San Angelo testified that she overheard a phone conversation between the Appellant and his lawyer. During the conversation, the Appellant stated “Well, I killed her.” The Appellant testified that he did not remem ber the events of that night because he was emotionally upset. The Appellant also made a motion for rehearing arguing that there should have been an affirmative charge to the jury on temporary insanity, and the trial court should have submitted to the jury the question of whether Mr. Menchaca was an accomplice.
- 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.