SmartBrief
Confirm favorite deletion?
Criminal Procedure Keyed to Ohlin
Leyra v. Dennis
Citation:
546 U.S. 459 (2006)Facts
When the father failed to appear at his place of business on Tuesday, January 10, 1950, petitioner went to the father’s apartment about 3 P.M. and found the bodies of the aged parents. Police were called. Suspecting that the petitioner killed his parents, he was brought to the police station for interrogation. A concealed microphone had been installed. Up to this time he had not confessed to the crime. The petitioner had been suffering from an acutely painful attack of sinus and Captain Meenahan had promised to get a physician to help him. Dr. Helfrand, called upon by the captain,was not a general practitioner, but a psychiatrist with considerable knowledge of hypnosis. For an hour and a half the techniques of a highly trained psychiatrist were used to break petitioner’s will in order to get him to say he had murdered his parents. A tape recording of the psychiatric examination was made and a transcription of the tape was read into the record of this case.
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
Topic Outline
Fifth Amendment RightsTopic Refresher Course
The 5th AmendmentTopic Charts & Notes
Defenses