Confirm favorite deletion?
Criminal Law Keyed to Gershowitz
People v. Lee
Citation:136 Cal.App.4th 522, 38 Cal.Rptr.3d 927.
The defendant was an inmate at Corcoran State Prison. After monitoring phone conversations between the defendant and his wife, correctional officers suspected that his wife would be smuggling drugs into the prison for the defendant. She was intercepted upon her arrival for visitation that day. During the search, she relinquished a green condom containing three bindles of marijuana and loose tobacco, and a clear condom containing three small bindles of marijuana, two separately packaged rocks of cocaine base, and loose tobacco. The items had been hidden in her bra. The defendant was the one who told his wife to bring the drugs into and prison and told her how to package the items, as well as the number of items to bring.
The defendant was convicted of conspiring to violate Section 4573.9, which prohibited “any person, other than a person held in custody” from giving illegal substances to a prison inmate. The defendant appealed, arguing that because he could not commit the substantive offense since he is an inmate, he could not be properly convicted of conspiracy.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.