SmartBrief
0
Confirm favorite deletion?
Criminal Law Keyed to Ohlin
Marsh v. Commonwealth
Citation:
57 Va. App. 645 (2011)Facts
The defendant went to his girlfriend’s apartment to attend a party with her. While she was getting ready, she noticed a ring and other items was missing from her jewelry box. She asked the defendant if took them, and the defendant told her that he needed some quick cash so he pawned the items. He told her he would get the jewelry back when he got paid the next day. She called the police and reported the missing items as stolen property.
A detective contacted the defendant and arranged for the return of some of the items. The defendant told the detective that he was trying to save up money to purchase the other items back. After giving him two to three weeks to retrieve the rest of the items and the defendant failing to do so, the detective retrieved them from the pawn shop and returned them to the girlfriend.
At a bench trial, the defendant testified that he had taken the items and pawned them to help carry him through a job he was working on. He said it was always his intent “to redeem [the jewelry] and give it back to her” as soon as he received his check.
The defendant made a motion to strike the charge against him, contending that the evidence was insufficient to prove he intended to permanently deprive the girlfriend of the jewelry. The trial court denied the motion, and found him guilty of grand larceny.
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.
9m 29s
