SmartBrief
Confirm favorite deletion?
Evidence keyed to Fisher
Commonwealth v. Serge
Citation:
896 A.2d 1170 (2006)Facts
On the morning of January 15, 2001, Michael Serge shot his wife Jennifer Serge three times, killing her inside their home in Scott Township, Lackawanna County. At trial, Serge claimed self-defense, alleging his wife attacked him with a knife, and alternatively argued that extreme intoxication rendered him incapable of forming specific intent to kill. The Commonwealth countered that the killing was intentional and that Serge, using his decades of police experience, tampered with the crime scene to stage a self-defense setting by moving his wife’s body and strategically positioning her near a knife he placed on the floor. The Commonwealth presented a fifteen-second computer-generated animation costing between ten thousand and twenty thousand dollars, created by Randy Matzkanin of 21st Century Forensic Animations, depicting the Commonwealth’s theory based on forensic pathologist Dr. Gary Ross’s and crime scene reconstructionist Trooper Brad Beach’s expert opinions. The animation showed Serge shooting his wife first in the lower back and then through the heart as she knelt on the living room floor, illustrating the location of both parties, body positioning, and the sequence, path, trajectory, and impact sites of bullets fired.
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.
- 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.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.
Topic Resources
Topic Videos
11m 31s
10m 19sTopic Charts & Notes 