Confirm favorite deletion?
Criminal Law Keyed to Ohlin
People v. Superior Court (Decker)
Citation:58 Cal. Rptr. 3d 421, 157 P.3d 1017 (2007)
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. Review the Facts of this case here:
The defendant, Decker, spoke with an undercover cop who he believed to be an assassin. He told the undercover cop that he wanted him to kill his sister and also her friend if he needed to in order to not leave behind a witness. He furnished the supposed assassin with a description of his sister, her home, her car and her workplace, as well as specific information concerning her daily habits. He agreed to pay $5,000 in cash as a down payment.
Before Decker handed over the money, the undercover cop asked if he was sure he wanted him to murder his sister. The defendant replied that he was “absolutely, positively, 100 percent sure, that I want to go through with it” and that he’s never been so sure of anything in his entire life. He also told him to kill her as fast as he can.
He was then charged with several charges, including attempted murder. The trial court dismissed the attempted murder charges, and the California Court of Appeal reinstated them. The defendant appealed, arguing that the evidence was insufficient to support a charge of attempted murder.
- 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.