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Criminal Procedure keyed to Kamisar
Skilling v. United States
Citation:561 U.S. 358, 130 S.Ct. 2896, 177 L.Ed.2d 619 (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.
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- Brief Facts: A Synopsis of the Facts of the case.
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- 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:
Skilling (defendant) was charged with conspiracy to commit securities and wire fraud, as well as 25 substantive counts of securities fraud, wire fraud, making false representations to auditors, and insider trading. Skilling moved to transfer the trial to another venue because media coverage about Enron’s collapse and general hostility towards him in Houston had poisoned potential jurors. The trial court denied Skilling’s motion. Instead, it had prospective jurors answer a 77-question survey regarding their sources of news and exposure to Enron-related publicity, beliefs concerning Enron and what caused its collapse, opinions about the defendants and their possible guilt or innocence, and relationships to the company and to anyone affected by its collapse. It also gave counsel an opportunity to ask prospective jurors follow-up questions and gave the defendants 14 peremptory challenges. The jury found Skilling guilty of 19 counts and not guilty of 9 insider-trading counts.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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