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Criminal Law Keyed to Ohlin
People v. Elmore
Citation:59 Cal. 4th 121, 172 Cal. Rptr. 3d 413, 325 P.3d 951 (2014)
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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:
53-year-old Ella Suggs was wearing a necklace and reading glasses on a chain around her neck while doing weekend shopping. A passerby saw Suggs sitting at a bus stop and saw the defendant walk past Suggs, stop, look in both directions, and return to confront her. He grabbed Suggs and appeared to pull on something around her neck. She raised her hands defensively and tried to walk away, but the defendant pushed her back to a seated position. The defendant raised both hands above his hands and plunged them towards Sugg’s chest before running away. Suggs had been stabbed with a paintbrush handle sharpened to a point. The weapon went through a lung and into her heart. The necklace and the reading glasses were missing.
It took four offices to subdue the defendant. His behavior was sufficiently bizarre that he was referred for psychiatric evaluation. Psychiatrists agreed that the defendant suffered from schizophrenia, but disputed whether he was actively psychotic when he stabbed Suggs.
The defendant was convicted of first degree murder. He appealed, arguing that the court erred when it refused to instruct on unreasonable self-defense because he was under the belief that Suggs was trying to harm him.
- 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.