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Criminal Procedure Keyed to Dressler
Faretta v. California
Citation:422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 526.
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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:
The defendant was charged with grand theft. He was appointed a public defender. He requested that he be permitted to represent himself. The defendant had a high school education and represented himself in a criminal prosecution before. He stated that he did not want to be represented by the public defender because he believed that that office was loaded down with a heavy case load. Initially, the trial judge accepted the defendant’s waiver of the right to counsel.
Several weeks later, but still prior to trial, the judge questioned the defendant about various legal rules. After consideration of his answers, the judge ruled that the defendant had no constitutional right to self-representation and that his waiver was not valid. The defendant was again appointed a public defender and he was convicted after a trial.
- 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.