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Criminal Procedure Keyed to Miller
Missouri v. Galin Frye
Citation:566 U.S. 134 (2012)
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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.
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- 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:
Galin Frye (defendant) was charged with felony driving with a revoked license. The prosecution first offered to recommend a three-year prison sentence in exchange for a guilty plea but subsequently offered to reduce the charge to a misdemeanor, which had a maximum sentence of one year in prison. Frye’s attorney did not advise Frye that the offers had been made.
Before the preliminary hearing, Frye was arrested again for driving with a revoked license. Frye pleaded guilty and the trial judge sentenced him to three years in prison. Frye appealed, arguing that his lawyer’s failure to inform him of the prosecutor’s plea offers constituted ineffective assistance of counsel.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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