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Criminal Procedure Keyed to Ohlin
Perry v. New Hampshire
Citation:565 U.S. 228 (2012)
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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:
Around 3 A.M. on August 15, 2008, Joffre Ullon called the Nashua, New Hampshire, Police Department and reported than an African-American male was trying to break into cars parked in the lot of Ullon’s apartment building. Officer Nicole Clay responded to the call. Upon arriving at the parking lot, she saw petitioner Barion Perry. Perry walked toward Clay, holding two car-stereo amplifiers in his hands. Clay asked where the amplifiers came from. “I found them on the ground,” Perry responded. Meanwhile, Ullon’s wife, Nubia Blandon, woke her neighbor, Alex Clavijo, and told him she had just seen someone break into his car. After finding that his car stereo was missing, Clavijo approached Clay and told her about his own observations. Clay asked Perry to stay in the parking lot and asked Blandon for specific description of the suspect. Blandon pointed to her kitchen window and said the person she saw breaking into Clavijo’s car was standing in the parking lot. Perry’s arrest followed this identification. Later at a trial, Perry sought to suppress the Blandon’s identification of Perry on the ground that it would violate the due process.
About a month later, the police showed Blandon a photographic array that included a picture of Perry and asked her to point out the man who had broken into Clavijo’s car. Blandon was unable to identify Perry.
- 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.