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Criminal Procedure keyed to Kamisar
Illinois v. Somerville
Citation:410 U.S. 458, 93 S.Ct. 1066, 35 L.Ed.2d 425 (1973)
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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:
Somerville (defendant) was indicted for theft. The day after the jury was impaneled and sworn in, before evidence was presented, the prosecutor realized the indictment was deficient because it did not allege that Somerville had the necessary intent to permanently deprive the owner of his property. Under Illinois law, the defect could not be waived by the defendant’s failure to object and could be asserted on appeal or in post-conviction proceedings to overturn the conviction. The trial court granted the State’s motion for a mistrial and the next day, the grand jury handed down a second indictment alleging the requisite intent. The court overruled Somerville’s claim of double jeopardy, and the case proceeded to 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.