SmartBrief
0
Confirm favorite deletion?
Evidence Keyed to Park
People v. Thomas
Citation:
2013 WL 97378 (1953)Facts
On April 6, 2007, Officer Justin Gutierrez and a colleague were on patrol in Fairfield, California, around an apartment complex where there had been numerous complaints of narcotics activity. Ultimately, defendant Antione Thomas, who had been sitting in a car that appeared to be the site of suspicious activity, was arrested and searched. He was then charged with selling cocaine base and convicted. Defendant claims the trial court improperly overruled defense counsel’s hearsay objection to Officer Gutierrez’s testimony about entries on defendant’s cell phone which the officer deemed to be evidence that defendant was selling drugs. On appeal, defendant claims Officer Gutierrez’s testimony regarding the contents of the cell phone should have been excluded as hearsay, and as a violation of the secondary evidence rule.
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.
- 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.
Topic Resources
12m 52sTopic Outline 
Topic Refresher Course 
Topic Charts & Notes 