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Criminal Procedure Keyed to Miller
Damian Long v. United States
Citation:687 A.2d 1331 (D.C. 1996)
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*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. Review the Facts of this case here:
Long (defendant) left his friend’s apartment between 5:30 to 6:00 P.M. He was wearing a black jacket with fringe, a black shirt, black jeans, black boots, and a black skull cap. At around 10:30 P.M., a man matching Long’s description attempted to rob three people at gunpoint on Orren Street. The man then walked towards Trinidad Avenue. The Orren Street victims identified Long as their assailant and stated that after the attempted robbery, he walked toward Trinidad Street. They reported later hearing gunshots from that direction.
Also around 10:30 P.M., witnesses on Trinidad Avenue saw a man wearing all black take out a pistol and approach a man unlocking his car door. An altercation ensued. The witnesses ran inside their home and heard gunshots a few seconds later. The man was pronounced dead. Long returned to his friend’s apartment with blood on his face and a pistol in his hand. He told his friends that a man had tried to rob him on Trinidad Avenue and he shot him in self-defense.
The prosecutor charged Long with assaulting the Orren Street victims with intent to rob and felony murder of the Trinidad Avenue victim. The court denied Long’s motion to sever the offenses, holding that the offenses were not improperly joined.
- 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.