SmartBrief
0
Confirm favorite deletion?
Criminal Procedure Keyed to Lee
McNeil v. Wisconsin
Citation:
501 U.S. 171 (1991)Facts
McNeil (Petitioner) was arrested for an armed robbery that occurred in West Allis, Wisconsin. While in jail on the charge, and after he had a public defender appointed to him for the West Allis robbery, he was questioned without counsel. A detective visited the defendant in jail, while the detective was investigating a murder in the town of Caledonia, in which the defendant was a suspect. It was unrelated to the armed robbery he was arrested for. The detective gave McNeil his Miranda rights and he signed a waiver. The detective returned two days later for more questioning, and admitted that he had lied about another witness’s involvement to minimize his own role in the Caledonia crimes and provided another statement recounting the events, which was transcribed, signed, and initialed. McNeil’s incriminating statements were later used against him in a trial for the murder and he was found guilty. He argued that his right to counsel under the Sixth Amendment was violated.
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
4m 2sTopic Outline 