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Criminal Procedure keyed to Kamisar
McCoy v. Louisiana
Citation:___ U.S. ___, 138 S.Ct. 1500, 200 L.Ed.2d 821 (2018)
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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:
McCoy (Defendant) was charged with three counts of first-degree murder for the killing of his estranged wife’s family. McCoy pleaded not guilty. McCoy’s attorney, English, believed that the evidence against him was overwhelming and that the best option to avoid a death sentence was to concede guilt. McCoy told English not to make that concession and pressed him to pursue acquittal. At the beginning of his opening statement, English told the jury that McCoy committed the murders. The jury returned a verdict of guilty on all three counts and three death verdicts. McCoy moved for a new trial, arguing that the trial court violated his rights by allowing English to concede guilt over his objections.
- 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.