Confirm favorite deletion?
Criminal Law Keyed to Ohlin
Girouard v. State
Citation:321 Md. 532 (1991)
CaseCast™ – "What you need to know"
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. Review the Facts of this case here:
The petitioner and his wife, Joyce, had a marriage that was often tense, and there was some evidence that after marrying, Joyce had resumed a relationship with her old boyfriend, Wayne.
One night, the petitioner overheard her talking on the telephone to her friend, where she said her husband didn’t love her anymore. He asked her what she meant by her comments and she told him nothing. The petitioner got angry by this and kicked the plate of food Joyce had in front of her. He then went to lie down in the bedroom, where Joyce followed and stepped up onto the bed and onto his back. She pulled his hair and said, “What are you going to do, hit me?” She told him that she never wanted to marry him and insulted him further.
When she was done, the petitioner left the bedroom and got a knife. He returned to Joyce in the bedroom with the knife behind a pillow, and Joyce continued to insult him and she reiterated that the marriage was a big mistake, that she did not love him and that the divorce would be better for her. The petitioner then stabbed her 19 times. Realizing what he had done, he dropped the knife and tried to kill himself. When he realized he wasn’t going to die, he called police and told them that he murdered his wife.
The petitioner was convicted of second degree murder. He appealed, arguing that he should have been convicted of manslaughterinstead.
- 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.