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Criminal Law Keyed to Kennedy
State of South Dakota v. Todd David Linson
Citation:896 N.W.2d 656 (2017)
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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:
On March 3, 2013, police were dispatched to the defendant’s residence to investigate a report of possible child pornography found on a computer. The defendant’s wife and sister were at the residence when law enforcement arrived, and they directed the officers to a computer that required a password to access. When the defendant arrived home, he provided the login password so the officers were able to look at web browsing history. After discovering that he had searched for pornography using terms associated with child pornography and observing that several websites in the browser’s history contained child pornography, the officers decided took the computer.
Two user profiles were found on the computer. Forty-one images of possible child pornography were found in the profile belonging to the defendant. An additional 360 images of child pornography were found in the unallocated space of the computer.
- 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.