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Criminal Procedure Keyed to Miller
Commonwealth v. Patrick Durham
Citation:843 N.E.2d 1035 (Mass. 2006)
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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.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- 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:
Durham (defendant) requested the names of all of the Commonwealth’s prospective trial witnesses and an opportunity to inspect all evidence that the Commonwealth intended to offer at trial. The judge granted the motion, with the condition that the defendant provides the Commonwealth with the same discovery. The Commonwealth then moved for the disclosure of statements from any prospective witnesses, including witnesses for the Commonwealth, that the defendant intended to offer at trial. The judge granted the motion.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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