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Marijuana Law – Keyed to Mikos
Louisiana v. Kelly
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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:
Gwendolyn Minor, Co-Defendant, sold $20.00 worth of marijuana to a confidential informant at 2713 Dawson Street. A couple of days later, the informant indicated that the same address, 2713 Dawson Street, received a large amount of marijuana. Detective Godfrey obtained a search warrant to search the residence, and upon entry, the police found Defendant, Anthony Kelly, two his Defendant’s brothers, Co-Defendant, and Co-Defendant’s juvenile son (E.M.) and young daughter. Defendant and E.M. where found in upstairs with E.M.’s hands in the toilet, which Defendant was desperately trying to flush the toilet. The police officers retrieved a plastic bag, which contained twenty one smaller bags with marijuana from the toilet, partially smoked marijuana cigarettes, in plain view, on the living room table, twenty-one small bags of marijuana in Co-Defendant’s purse, rolling paper, and dime bags, used to package marijuana. Defendant alleges he did not live in the residence and was unaware that Co-Defendant was selling marijuana. The officers found Defendant’s clothes and shoes inside the residences closet and a letter to the Defendant listed with the same address. Defendant alleged that his most recent tax refund indicated a different address. Nevertheless, Defendant was charged and convicted with possession of marijuana with the intent to distribute. Defendant solely challenges the finding the he had the specific intent to distribute marijuana, not that Defendant was in possession of marijuana.
- 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.