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Criminal Law Keyed to Gershowitz
Sierra v. State
Citation:746 So.2d 1250.
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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:
Deputy Cheryl Kish was patrolling when a white Nissan Maxima caught her attention. She turned around to follow it, but lost sight of it for 15 seconds. She discovered the Maxima parked next to a warehouse. Kish did not see anyone around the parked Maxima, and she pulled in behind it and got out of her car.
Kish went to the front of the building and saw the defendant standing near the entrance of the warehouse. The defendant was searched, and while he carried $1195 in cash, no drugs were found on his person. No drugs were found in the Maxima, although the defendant’s fingerprints were found in the car, along with other prints which were not his.
No one was found in the building. The K-9 unit alerted on a refrigerator, and when it was opened, a deputy found a clear plastic bag with a white substance in it, which later tested to be cocaine. Another plastic bag containing what later proved to be cocaine was also found behind a couch cushion. No fingerprints were detected on the refrigerator, nor were any of the defendant’s prints found on the bags which contained the cocaine.
The defendant was convicted of drug trafficking. He appealed
- 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.