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Criminal Law Keyed to Gershowitz
Midgett v. State
Citation:292 Ark. 278, 729 S.W.2d 410.
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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.
- 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:
The defendant had a son, Ronnie Midgett, Jr., who was eight years old. The evidence showed that Ronnie Jr. had been abused by brutal beating over a substantial period of time. Ronnie Jr. would not say how he had obtained the bruises or why he was so lethargic at school except to blame it all on a rough playing little brother. On a Wednesday, the child died. The other children in the house were not being physically abused by the defendant.
Ronnie Jr.’s sister, Sherry, aged ten, testified that on the Saturday preceding Ronnie Jr.’s death, their father was drinking whiskey and beating on Ronnie Jr. She testified that the defendant would “bundle up his fist” and hit Ronnie Jr. in the stomach and in the back. She said the bruises on Ronnie Jr.’s body noticed over the preceding six months had been caused by the defendant.
On the Wednesday that Ronnie Jr. died, the defendant appeared at a hospital carrying the body. He told hospital personnel something was wrong with the child. An autopsy was performed, and it showed Ronnie Jr. was a very poorly nourished and underdeveloped for an eight-year-old. There were recently caused bruises on the lips, center of the chest plate, and forehead as well as on the back part of the lateral chest wall, the soft tissue near the spine, and the buttocks. There was discoloration of the abdominal wall and prominent bruising on the palms of the hands. Older bruises were found on the right temple, under the chin, and on the left mandible. Recent as well as older, healed, rib fractures were found. The conclusion of the medical examiner was that Ronnie Jr. died as the result of intra-abdominal hemorrhage caused by a blunt force trauma consistent with having been delivered by a human fist.
The defendant was convicted of first degree murder. He appealed, arguing that there is no evidence that he killed Ronnie Jr. with premeditation and deliberation.
- 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.
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