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Criminal Procedure keyed to Kamisar
Lockhart v. Nelson
Citation:488 U.S. 33, 109 S.Ct. 285, 102 L.Ed.2d 265 (1988)
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- 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.
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- 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:
Nelson (defendant) pleaded guilty to felony burglary and was sentenced as a habitual offender. As required by statute, the prosecution offered certified copies of four of the defendant’s prior felony convictions, but one of the convictions had been pardoned by the Governor. Several years later, after Nelson filed a federal writ of habeas corpus, the prosecution learned that the conviction had been pardoned and the court held the enhanced sentence to be invalid. The state announced its intent to resentence Nelson as a habitual offender using another prior conviction, and Nelson raised a claim of double jeopardy.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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