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Criminal Procedure keyed to Kamisar
Barker v. Wingo
Citation:407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972)
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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:
Barker (defendant), along with Manning, was indicted for beating an elderly couple to death. The government had a stronger case against Manning, and believed it would not be able to convict Barker without Manning’s testimony, so it sought and obtained continuances in Barker’s trial until Manning was finally convicted. Barker made no objection to the first 11 continuances. He was initially held in jail but later released on bond until trial. After the government’s 12th motion to continue, Barker filed a motion to dismiss the indictment, which the court denied. Barker objected to the government’s later motions to continue due to the illness of one of its witnesses. On the date scheduled for trial, Barker moved to dismiss the indictment again on the ground that his right to a speedy trial had been violated. The motion was denied, and Barker was convicted.
- 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.