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Criminal Procedure keyed to Kamisar
Montejo v. Louisiana
Citation:556 U.S. 778, 129 S.Ct. 2079, 173 L.Ed.2d 955 (2009)
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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:
Montejo (defendant) waived his Miranda rights prior to being interrogated by police about a murder. Three days later, Montejo appeared in front of a judge who ordered that the public defender’s office be appointed to represent him. Later that same day, two detectives read Montejo his Miranda rights again and asked him to join them in searching for the murder weapon. During the trip, Montejo wrote an incriminating letter of apology to the victim’s widow. Montejo did not meet with his court-appointed attorney until after he returned. The letter was admitted at trial, and Montejo was convicted of first-degree murder.
- 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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