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Criminal Procedure Keyed to Miller
People v. Derek Andrades
Citation:828 N.E.2d 599 (N.Y. 2005)
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*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.
- 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:
Andrades (defendant) was on trial for the second-degree murder of a woman with whom he had a sexual relationship. His accomplice, Cruz, confessed to the killing. Upon arrest, Andrades made written and videotaped statements admitting to carrying out the killing with Cruz. At a hearing on Andrade’s motion to suppress his confessions, defense counsel informed the court that Andrades intended to testify, that he had advised Andrades not to testify, that he was facing an ethical problem, and that he would simply allow Andrades to testify in narrative form. The court presumed that Andrades intended to offer perjured testimony on the stand and that counsel complied with his ethical obligations by informing the court without divulging privileged information.
Andrades testified that at the time he confessed, he had no recollection of the events leading to the victim’s death and specifically that he had no memory of stabbing the victim. He claimed he only recounted Cruz’s telling of the events. Defense counsel did not make a closing argument. The court denied Andrade’s motion to suppress his confessions.
- 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.
- 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.