• Law Study Aids
    • Case Briefs
    • Lessons
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Business Associations
        • Criminal Procedure
        • Evidence
        • Family Law
        • Secured Transactions
        • Wills, Trusts & Estates
    • Outlines
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Agency
        • Business Associations
        • Conflicts of Law
        • Corporations
        • Criminal Procedure
        • Evidence
        • Family Law
        • Partnerships
        • Secured Transactions
      • Exam Prep Checklists
        • Access 1L Checklists
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • Access 2L/3L Checklists
          • Agency
          • Criminal Procedure
          • Corporations/Business Entities
          • Evidence
          • Family Law
          • Partnership
          • Trusts
          • U.C.C. ART. 9
          • Wills
    • Refresher Courses
      • 1L
        • Constitutional Law
        • Contracts Law
        • Criminal Law
        • Property Law
        • Torts Law
      • 2L/3L
        • Criminal Procedure
        • Evidence Law
    • Exam Prep Pro
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
    • Multiple Choice Quizzes
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
    • Exam Prep Workshops
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
    • Charts and Notes
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
  • Courses
    • Practice Ready Workshop
    • 1L Prep Course
    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Post Type Selectors
    Advanced Search | Notes Search
    Start My FREE 7-DAY Trial
    Log In
    StuddyBuddy Pro
    Apple
    Facebook
    Google

    Forgot Password?

    Forgotten Password

    Cancel

    Register For This Site

    Group Poor Marked

    User Access

    Apple
    Facebook
    Google

    A password will be e-mailed to you. Cancel

    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Post Type Selectors

    • Law Study Aids
      • Case Briefs
      • Lessons
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Business Associations
          • Criminal Procedure
          • Evidence
          • Family Law
          • Secured Transactions
          • Wills, Trusts & Estates
      • Outlines
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Agency
          • Business Associations
          • Conflicts of Law
          • Corporations
          • Criminal Procedure
          • Evidence
          • Family Law
          • Partnerships
          • Secured Transactions
        • Exam Prep Checklists
          • Access 1L Checklists
            • Civil Procedure
            • Constitutional Law
            • Contracts
            • Criminal Law
            • Property Law
            • Torts
          • Access 2L/3L Checklists
            • Agency
            • Criminal Procedure
            • Corporations/Business Entities
            • Evidence
            • Family Law
            • Partnership
            • Trusts
            • U.C.C. ART. 9
            • Wills
      • Refresher Courses
        • 1L
          • Constitutional Law
          • Contracts Law
          • Criminal Law
          • Property Law
          • Torts Law
        • 2L/3L
          • Criminal Procedure
          • Evidence Law
      • Exam Prep Pro
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
      • Multiple Choice Quizzes
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
      • Exam Prep Workshops
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
      • Charts and Notes
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
    • Courses
      • Practice Ready Workshop
      • 1L Prep Course
    Start My FREE 7-DAY Trial
    Log In Sign up
    StuddyBuddy Pro
    Apple
    Facebook
    Google

    Forgot Password?

    Forgotten Password

    Cancel

    Register For This Site

    Group Poor Marked

    User Access

    Apple
    Facebook
    Google

    A password will be e-mailed to you. Cancel

    SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.
    SmartBrief
    A.I Enhanced Margin Brief to quickly recall case brief A.I Enhanced Margin Brief to quickly recall case brief 0
    Sections to print




    To print, please Start a Free Trial or Log in.
    Confirm favorite deletion?
    Cancel Yes, Delete

    Criminal Law Keyed to Ohlin

    Commonwealth v. Nee

    Citation:
    458 Mass. 174, 935 N.E.2d 1276 (2010)

    Only StudyBuddy Pro offers the complete Case Brief Anatomy*

    Access the most important case brief elements for optimal case understanding.

    *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.
    Start Your Free Trial or Log in.
    • 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, a high school student, was convicted of conspiracy to commit murder.

      At trial, other students, Farley and Sullivan, testified that the defendant told them that he had a plan to “shoot up” the school and asked whether they were interested in joining him. On another occasion, the defendant asked Tobin Kerns, another student, whether Kerns would be interested in joining his plan. Kerns and the defendant discussed the plan with Sullivan and asked whether he would be interested in participating. Kerns and the defendant, along with Farley, Sullivan, and perhaps one other student, were to shoot and kill targeted students, teachers, and other staff at the school using an assortment of automatic and semiautomatic weapons. They would set trip wire explosives, line the hallway with napalm, and place bicycle locks on the main and rear doors to the school to prevent escape. The defendant told Farley that “he wanted to be exactly like Eric Harris,” one of the perpetrators of the Columbine mass murder.

      Kerns and the defendant developed a list of supplies needed, and a list of specific names that they planned to kill. They labeled a map with entry points and other information relevant to the planned attack. They also attempted to make some of the explosives.

      The defendant lived in Kerns’ house for approximately one month in the late spring or early summer of 2004. He left when Kerns was hospitalized after attempting suicide. The defendant said that the people at the hospital were “brainwashing” Kerns and that he should not be there, and suggested “breaking [Kerns] out.”

      In September, 2004, the defendant approached an officer and told her that “Kerns was scaring him.” The officer arranged a meeting for the defendant at his request. He informed the officers that Tobin Kerns had developed an elaborate plot to “blow up the school.” The defendant described the plot in detail. Over the course of the several hours he spoke with the police officers,  the defendant did not indicate that he had planned to participate with Kerns in the attack. Rather, the defendant led the officers to believe that Kerns “developed this whole thing himself and [the defendant] was just a follower,” who was not in concert with Kerns.

      The defendant appealed his conviction, arguing that the trial judge erred in refusing to recognize and apply the renunciation defense.

    • 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.
    Start Your Free Trial or Log in.
    • 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.
    Start Your Free Trial or Log in.

    MarginBrief™ Case overview for optimal recall

    A.I Enhanced Margin Brief to quickly recall case brief
    A.I Enhanced Margin Brief to quickly recall case brief

    Generating...

    Facts:
    Quickly review the Facts of this case including its key ideas for optimal understanding and recall.

    Quickly review the Facts of this case including its key ideas for optimal understanding and recall.

    Issue:
    Utilize our powerful A.I. tools to easily capture and understand the Issue in this case.

    Utilize our powerful A.I. tools to easily capture and understand the Issue in this case.

    Rule:
    Easily understand the Rule in this case so you have a complete and thorough appreciation for overall case concepts completely tying together what occurred, the court’s questions and the case outcome.

    Easily understand the Rule in this case so you have a complete and thorough appreciation for overall case concepts completely tying together what occurred, the court’s questions and the case outcome.

    Start Your Free Trial or Log in.

    Topic Resources

    Topic Video

    Commonwealth v. Nee10m 19s
    See complete Lesson, Quizzes and More

    Topic Outline

    Homicide

    Topic Refresher Course

    Conspiracy

    Status:

    Your Law School
    Success Begins Here

    • Case Briefs - the Socratic Savior! – Best in class and Largest Library of complete I.R.A.C. / C.R.E.A.C. Law School case briefs. Includes:
      • SmartBriefs® - Enhanced case briefs for optimal clarity
      • CaseCast® - Professor overviews of "What you need to know"
      • New MarginBrief® - A.I. - Powered for faster, more efficient case recall
    • Lessons - Professor delivered video for topic reinforcement
    • Outlines - Professor written - downloadable, amendable and includes test-taking tips and tools
    • Refresher Courses - Quick course reviews with interactive exercises
    • Quizzes and Exams - over 5,000 Multiple Choice and Essay questions all Professor curated and answered
    • Exam Prep Workshops - Delivered by Professors on how to disect, organize and answer law school exam questions
    • and so much more ...
    Start your FREE Trial

    Notepad Click anywhere in notepad to add a note

    Commonwealth v. Nee