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Criminal Procedure Keyed to Lee
Oregon v. Kennedy
Citation:456 U.S. 667 (1982)
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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.
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- 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:
Kennedy (Respondent) was charged in Oregon state court with the theft of an oriental rug. At trial, the government called an expert witness on the subject of Middle Eastern rugs to testify as to the value and the identity of the rug. Kennedy’s attorney cross-examined the witness and attempted to establish bias. Kennedy moved for a mistrial, and the trial court granted the motion. The Oregon Court of Appeals concluded that retrial was barred by the Double Jeopardy Clause because the prosecutorial misconduct that occasioned the mistrial amounted to “overreaching.”
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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