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Criminal Law Keyed to Gershowitz
People v. Dlugash
Citation:
41 N.Y.2d 725, 395 N.Y.S.2d 419, 363 N.E.2d 1155
ProfessorScott Caron
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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.
- 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:
The victim, Michael Geller, was found on December 22, 1973, in his bedroom. He was riddled with bullets; some were .25 caliber while others were .38 caliber. The defendant (Dlugash) became a suspect in Geller’s death through investigations, so investigators interviewed Dlugash. He said on December 21, 1973, he was drinking with friends, Bush and Geller. Geller asked Bush multiple times for $100 towards rent because he had been staying at the victim’s apartment with him. Bush refused and even said, “you better shut up or you’re going to get a bullet.” Geller asked for rent again and at this point, Bush shot him three times with a .38 caliber gun. A few minutes later Dlugash went over to Geller and shot him about five times in the head and face with a .25 caliber gun. Dlugash said that when he shot Geller he already looked dead. He said he shot Geller because he believed Geller was dead and Bush was threatening him with a gun to shoot Geller.
- 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.
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