Marijuana Law – Keyed to Mikos
City of Kennewick v. Day
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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:
Doug R. Day, Defendant, was stopped by a police officer for suspicion of driving under the influence when Defendant drove around a police barrier that was set up to facilitate an investigation of a separate incident. Defendant claimed he had not been drinking. Nevertheless, Defendant refused to take a field sobriety test or portable “BAC DataMaster” test. Subsequently, Defendant was arrested and his vehicle was searched. The officer found marijuana and a marijuana pipe in the center armrest console. Defendant alleges that the items did not belong to him. Further, Defendant states that just picked up his vehicle from a repair ship. Moreover, Defendant’s BAC reading was .04, below the level of driving while intoxicated, therefore, Defendant was only charged with negligent driving in the first degree. Defendant offered Don Simmonson’s, the owner of the repair shop, testimony to prove his defense that the items found in his vehicle were not his. Mr. Simmonson’s testified that a former employee at the repair shop was fired because he was suspected to be using drugs outside of work. Likewise, the former employee had a prior incident at the repair shop with another customer, which the customer complained that drug paraphernalia was left found in her car when she picked up her car from the shop. Further, while Mr. Simmonson’s was testifying, Defense Counsel asked if he was aware of Defendant’s reputation in the community regarding his sobriety. At once, Prosecution objected to the question, and the trial court sustained the objection. Overall, the jury acquitted Defendant of reckless driving, but found him guilty of possession of drug paraphernalia.
- 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.