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Marijuana Law – Keyed to Mikos
von Hofe v. United States
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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:
A police officer and a federal DEA agent received a tip from a confidential informant and seareched Harold and Kathleen von Hofe’s residence. The police office found sixty-five marijuana plants, a scale with marijuana residue, several marijuana pipes, jars with marijuana, and other items associated with the cultivation of marijuana. However, the officer did not find large amounts of cash, firearms, or glassine bags in the residence. Kathleen admitted that her husband owned the marijuana plants and claimed that she was not involved in the marijuana cultivation. Likewise, Harold admitted that he cultivated marijuana, owned the plants, gave the marijuana to his son and his friends, and that Kathleen was not involved in the cultivation of marijuana. The State brought criminal charges against both Harold and Kathleen von Hofe. Harold pled guilty to the manufacture and distribution of marijuana. Kathleen pled guilty to possession of marijuana. The federal government initiated a civil forfeiture action against the couple’s residence, and Kathleen asserted the innocent owner defense, which the jury rejected. Subsequently, Kathleen asserted that the forfeiture violated the Excessive Fines Clause, and the district court rejected. Kathleen appeals the district court’s judgment.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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