Confirm favorite deletion?
Criminal Law Keyed to Dressler
Perez v. Cain
Facts
Perez (D) drove with his 12-year old son from Texas to New Orleans where he fatally shot a police officer. His son informed the police that his father had believed himself to be pursued by hitmen, and had acted paranoid throughout the journey, such as keeping to back roads, suspecting himself to be shadowed by various cars and adopting different strategies to throw off his imagined pursuers. Perez’s wife and son also reported that he had been unusually nervous in the days before the drive. The son had also informed the police that Perez was being chased by gang members because he had cheated some drug dealers. However, the car showed no sign of drugs. Court-appointed doctors examined him to decide whether he was competent to stand trial. More than a year later, Perez was admitted to a forensic facility as being a danger to himself. His doctor there testified that Perez had disorganized thinking, difficulty in communication to an extent which pointed to the presence of mental illness and auditory hallucinations and delusions. After a period of treatment with anti-psychotics, he became mentally competent again and was transferred out of the hospital to stand trial. At trial he pleaded not guilty by reason of insanity. This plea was supported by evidence from his wife and son and the expert opinion of seven psychiatrists who unanimously testified that he suffered from severe mental illness, paranoia and delusions. They had no personal interest in the case, and all agreed that his symptoms were real. Six of them testified that his mental state had confused the distinction between wrong and right on the night of the shooting. The State did not prevent any expert witness but cross-examined them and also rebutted the son’s and wife’s testimony on the theory that the paranoid story had been made up by the family to fool the medical witnesses. The jury found him guilty of first-degree murder, and the court sentenced him to life imprisonment without parole. His appeals were rejected in state courts, and he filed for a writ of habeas corpus in federal court. The district court held that insufficient evidence was produced to allow the jury to find that he had failed to prove insanity. The State appealed, and the case was reviewed in the court of appeals.
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.