• Law Study Aids
    • Case Briefs
    • Lessons
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Business Associations
        • Criminal Procedure
        • Evidence
        • Family Law
        • Secured Transactions
        • Wills, Trusts & Estates
    • Outlines
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Agency
        • Conflicts of Law
        • Corporations
        • Criminal Procedure
        • Evidence
        • Family Law
        • Partnerships
        • Secured Transactions
      • Exam Prep Checklists
        • Access 1L Checklists
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • Access 2L/3L Checklists
          • Agency
          • Criminal Procedure
          • Corporations/Business Entities
          • Evidence
          • Family Law
          • Partnership
          • Trusts
          • U.C.C. ART. 9
          • Wills
    • Refresher Courses
      • 1L
        • Constitutional Law
        • Contracts Law
        • Criminal Law
        • Property Law
        • Torts Law
      • 2L/3L
        • Criminal Procedure
        • Evidence Law
    • Issue Spotting Essays
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
    • Multiple Choice Quizzes
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
    • Exam Prep Workshops
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
    • Charts and Notes
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
  • Courses
    • Practice Ready Workshop
    • 1L Prep Course
    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Search in posts
    Search in pages
    Advanced Search | Notes Search
    Start My FREE 7-DAY Trial
    Log In
    StuddyBuddy Pro
    Apple
    Facebook
    Google

    Forgot Password?

    Forgotten Password

    Cancel

    Register For This Site

    Group Poor Marked

    User Access

    Apple
    Facebook
    Google

    A password will be e-mailed to you. Cancel

    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Search in posts
    Search in pages

    • Law Study Aids
      • Case Briefs
      • Lessons
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Business Associations
          • Criminal Procedure
          • Evidence
          • Family Law
          • Secured Transactions
          • Wills, Trusts & Estates
      • Outlines
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Agency
          • Conflicts of Law
          • Corporations
          • Criminal Procedure
          • Evidence
          • Family Law
          • Partnerships
          • Secured Transactions
        • Exam Prep Checklists
          • Access 1L Checklists
            • Civil Procedure
            • Constitutional Law
            • Contracts
            • Criminal Law
            • Property Law
            • Torts
          • Access 2L/3L Checklists
            • Agency
            • Criminal Procedure
            • Corporations/Business Entities
            • Evidence
            • Family Law
            • Partnership
            • Trusts
            • U.C.C. ART. 9
            • Wills
      • Refresher Courses
        • 1L
          • Constitutional Law
          • Contracts Law
          • Criminal Law
          • Property Law
          • Torts Law
        • 2L/3L
          • Criminal Procedure
          • Evidence Law
      • Issue Spotting Essays
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
      • Multiple Choice Quizzes
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
      • Exam Prep Workshops
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
      • Charts and Notes
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
    • Courses
      • Practice Ready Workshop
      • 1L Prep Course
    Start My FREE 7-DAY Trial
    Log In Sign up
    StuddyBuddy Pro
    Apple
    Facebook
    Google

    Forgot Password?

    Forgotten Password

    Cancel

    Register For This Site

    Group Poor Marked

    User Access

    Apple
    Facebook
    Google

    A password will be e-mailed to you. Cancel

    SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.
    SmartBrief
    0
    Sections to print




    To print, please Start a Free Trial or Log in.
    Confirm favorite deletion?
    Cancel Yes, Delete

    Criminal Law Keyed to Lee

    Miller v. Superior Court

    Citation:
    115 Cal.App.4th 216, 8 Cal.Rptr.3d 872 (2004)

    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.
    Start Your Free Trial or Log in.
    • 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:

      Higareda went into a public restroom to change into his bathing suit. He entered a stall and hung up his pants, which contained his wallet, cell phone, and keys. As he was changing, Miller walked into the restroom and entered the stall directly across from Higareda.

      Higareda left the restroom in his bathing suit and forgot his pants hanging in the stall. After taking a few steps outside of the restroom, he realized this and went back to the stall only to discover that his pants were missing. Higareda began looking under the doors of the other stalls to find them, and he heard the sound of someone opening velcro from the stall directly across from the one where he had left his pants.

      Higareda became suspicious because his wallet had a velcro fastener. Higareda looked over the top of Miller’s stall and Miller asked what he was doing. Higareda told him that someone stole his pants and Miller told him to report it to a lifeguard. Higareda waited outside of Miller’s stall for 15-20 minutes, but Miller did not get out of the stall.

      Eventually, Higareda’s friend entered the restroom and Higareda told him that he thinks Miller stole his pants. The friend knocked on Miller’s stall and told him to give the stuff back. they exchanged words, and eventually Miller attempted to leave the restroom. The two blocked Miller from leaving and a scuffle occurred. The friend placed Miller in a headlock and Miller gave Higareda his wallet.

      Miller was arrested and charged with robbery. He filed a motion to dismiss, arguing that the evidence did not establish that he took the property from Higareda’s person or immediate presence. The superior court denied it, and he appealed.

    • 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.
    Start Your Free Trial or Log in.
    • 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.
    Start Your Free Trial or Log in.

    Topic Resources

    Topic Video

    Miller v. Superior Court9m 29s
    See complete Lesson, Quizzes and More

    Topic Outline

    Theft Crimes

    Status:

    Your Law School
    Success Begins Here

    • Case Briefs - the Socratic Savior! – Best in class and Largest Library of complete I.R.A.C. / C.R.E.A.C. Law School case briefs. Includes:
      • SmartBriefs® - Enhanced case briefs for optimal clarity
      • CaseCast® - Professor overviews of "What you need to know"
      • New MarginBrief® - A.I. - Powered for faster, more efficient case recall
    • Lessons - Professor delivered video for topic reinforcement
    • Outlines - Professor written - downloadable, amendable and includes test-taking tips and tools
    • Refresher Courses - Quick course reviews with interactive exercises
    • Quizzes and Exams - over 5,000 Multiple Choice and Essay questions all Professor curated and answered
    • Exam Prep Workshops - Delivered by Professors on how to disect, organize and answer law school exam questions
    • and so much more ...
    Start your FREE Trial

    Notepad Click anywhere in notepad to add a note

    Miller v. Superior Court