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Criminal Law keyed to Dripps
Miller v. Alabama
Citation:567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed. 2d 407.
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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:
In 2004, Evan Miller and his friend, Colby Smith, were at Miller’s home when a neighbor, Cole Cannon, came to make a drug deal with Miller’s mother. Miller and Smith then went back to Cannon’s trailer to smoke marijuana and play drinking games. Cannon eventually passed out and Miller stole his wallet, splitting the $300 he found with Smith. When Miller tried to put Cannon’s wallet back in his pocket, Cannon awoke and grabbed Miller by the throat. Smith hit Cannon with a baseball bat. After Cannon released Miller, Miller took the bat from Smith and struck Cannon repeatedly. Miller then placed a sheet over Cannon’s head and hit him one more time. Miller and Smith left Cannon’s house, but later returned to cover up evidence of the crime by lighting two fires. Cannon died from his injuries and smoke inhalation.
In November 1999, Kuntrell Jackson, Derrick Shields, and another boy decided to rob a video store. En route, Jackson learned that Shields was carrying a sawed-off shotgun in his coat sleeve. Jackson decided to stay outside. Shields and the other boy went inside and confronted the clerk, Laurie Troup, and demanded she give them money. Troup refused. Jackson then entered the store to find Shields continuing to demand money. Troup threatened to call the police and Shields shot and killed her. The three boys fled.
- 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.