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Criminal Procedure Keyed to Dressler
Blackledge v. Perry
Citation:417 U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628.
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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:
The defendant was charged with misdemeanor assault. Following a trial in the District Court, the defendant was convicted of this misdemeanor and given a six-month sentence, to be served after completion of the prison term he was then serving.
The defendant appealed to the Superior Court of North Carolina. Under North Carolina law, a person convicted in the District Court has a right to a trial de novo in the Superior Court. When an appeal is taken, the statutory scheme provides that the slate is wiped clean; the prior conviction is annulled, and the prosecution and the defense start over in the Superior Court.
After the filing of the notice of appeal, but prior to the defendant’s appearance for trial de novo in the Superior Court, the prosecutor obtained an indictment charging the defendant with felony assault. The indictment covered the same conduct for which the defendant had been tried and convicted in the District Court. The defendant entered a plea of guilty to the indictment in the Superior Court, and was sentenced to five to seven years.
The defendant appealed, arguing that the indictment on the felony charge constituted a penalty for his exercising his statutory right to appeal, and thus contravened the Due Process Clause of the Fourteenth Amendment.
- 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.