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Criminal Procedure Keyed to Miller
Robert Taylor v. Commonwealth
Citation:995 S.W.2d 355 (Ky. 1999)
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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.
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- 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:
Robert Taylor (defendant), his girlfriend, and his girlfriend’s infant were leaving a festival when their vehicle stalled. Taylor went to a nearby house and asked for help. Herman McCreary drove his pickup truck and attempted to jump-start Taylor’s vehicle. After multiple failed attempts, Taylor pointed a rifle at McCreary and ordered him to lie on the ground. When McCreary complied, Taylor shot at the ground near McCreary’s head and hit him in the head with the rifle. Taylor then ordered McCreary to get into a ditch while he, his girlfriend, and the infant drove off in McCreary’s truck. Taylor was convicted of second-degree assault, first-degree robbery, and possession of a handgun by a minor.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.