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Criminal Procedure Keyed to Miller
Robert Bailey v. State
Citation:987 A.2d 72 (Md. 2010)
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- 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:
An officer saw Bailey (defendant) standing alone by a home at 11:35 P.M. The officer asked Bailey if he lived there but did not receive a reply. The officer, accompanied by another officer, approached Bailey. They could smell ether, which is associated with phyncyclidine (PCP), but is also a solvent used in household products. Upon smelling ether, the officer grabbed Bailey’s hands and conducted a search, finding a glass vial half-filled with liquid. Tests of the liquid confirmed the vial contained PCP, and Bailey was charged with possession of a controlled dangerous substance.
- 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.
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- 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.
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