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Criminal Procedure Keyed to Miller
Commonwealth v. Patricia Swinehart
Citation:664 A.2d 957 (Pa. 1995)
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- 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.
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- 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:
DeBlase was initially charged with the murder of his uncle. Before his trial, Swinehart (defendant), DeBlase’s aunt and wife of the victim, was arrested and charged with being DeBlase’s co-conspirator in the murder. DeBlase was subpoenaed as a witness in Swinehart’s trial and offered a grant of immunity pursuant to Pennsylvania law. DeBlase moved to quash the subpoena and refused to answer. The trial court found DeBlase to be in both civil and criminal contempt.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.