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Criminal Law Keyed to Ohlin
Owens v. State
Citation:93 Md. App. 162 (1992)
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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:
An officer responded to a complaint about a suspicious vehicle. It was parked in the driveway of a private residence. The car’s engine was on, and so were its lights. Owens was asleep in the driver’s seat with an open can of beer.
The officer woke him up, and he appeared confused and did not know where he was. There was a strong odor of alcohol on his breath and he failed to recite the alphabet clearly. He denied to submit to a blood test for alcohol. Additionally, he had an alcohol restriction on his license.
He was charged with driving while intoxicated. At trial, the State’s only witness was the officer. Owens did not take the stand and no defense witnesses were called. He was found guilty.
He appealed, arguing that the evidence was not sufficient to support a conviction.
- 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.