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Marijuana Law – Keyed to Mikos
Massachusetts v. Camerano
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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:
Drug task force officers engaged in a fly over surveillance over Defendant’s house, Antonio Camerano. The officers saw a green-colored, roofless structure where vegetation appeared to be growing. When the officers returned to the base, some of the officers obtained a warrant to search the open structure. Upon execution of the warrant, the officers learned that the residence belonged to Defendant and his wife. Approximately sixty feet behind the residence, the officers found the roofless structure that they saw when conducting the fly over surveillance. Additionally, approximately one hundred feet behind the roofless structure was a trailer. Behind the trailer, the officers found a blue utility trailer. There were no neighbors within one hundred yards of Defendant’s property. The officers noted that the aroma of marijuana was so strong that they could smell it from a distance of about sixty feet. Defendant’s wife denied knowledge of what was going on in the roofless enclosure. Robert Howell, a tenant of the Defendant that lived in the trailer, was also present was found to be the owner of the marijuana found on the premises. Thereafter, the officers searched Defendant’s residence and found no drugs or drug paraphernalia, no key to the roofless enclosure, or anything to connect Defendant to the marijuana. Nevertheless, the jury found Defendant guilty of conspiracy to possess marijuana with the intent to distribute it.
- 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.