SmartBrief
0
Confirm favorite deletion?
Criminal Law Keyed to Gershowitz
Cotton v. State
Citation:
686 S.E.2d 805, 300 Ga. App. 874.Facts
The defendant was arrested for driving without a license. During a search of his person, officers found three identical small plastic “nickel bags” of marijuana and $60 (two $5 bills, one $10 bill, and two $20 bills) in the same pocket, as well as another identical small bag of marijuana on the ground near his feet. All of the marijuana in the four bags combined weighed 2.7 grams. There was no smoking device found. He was arrested in an area well-known for drug activity. He was also driving a car that did not belong to him in an apartment complex in which he did not live.
His girlfriend testified at trial. She testified that she lived in the apartment complex, that the defendant stayed at her apartment the night before, and that she gave him $80 the day before his arrest. She also testified that the defendant smoked marijuana every day and that it was not uncommon for him to possess four bags for his personal use.
He was convicted of possession of marijuana with the intent to distribute. He appealed, arguing the evidence was insufficient to support a finding that he possessed the marijuana with the intent to distribute.
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
15m 13sTopic Outline 
Topic Refresher Course 