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Criminal Procedure Keyed to Miller
Robert Rubalcado v. State
Citation:424 S.W.3d 560 (Tex. Crim. App. 2014)
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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:
Rubalcado was in a relationship with J.S.’s mother in Midland County and the family later moved to Ector County. In 2009, a complaint was filed in Ector County accusing Rubalcado of sexually assaulting J.S. When Rubalcado was released on bail, Midland police asked J.S. to call Rubalcado in an effort to induce discriminatory statements to aid their investigation. J.S. agreed to make the calls, and the police provided recording equipment to connect to her phone. At least one officer was with J.S. during each call, but they did not tell J.S. what to say. At times during each of the three calls, J.S. made comments such as, “Can I ask why you were doing those things to me? The way you were touching me and stuff like that.” The State offered the three recorded conversations at the trial in Ector County.
- 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.