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Criminal Law Keyed to Kennedy
State v. Bingham
Citation:40 Wash. App. 553 (1985)
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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:
Leslie Cook, a disabled adult living in the Laurisden Home in Port Angeles, was raped and strangled on February 15, 1982. The defendant was the last person with whom she was seen with. The two of them got off the Port Angeles-Sequim bus together at Sequim about 6 p.m. on February 15. They visited a grocery store and two residences. The last of these was Enid Pratt’s where the defendant asked for a ride back to Port Angeles. When he was refused, he said they would hitchhike. Three days later, Cook’s body was discovered in a field approximately 1/4 mile from the Pratt residence. There was no evidence that the defendant had known Cook before February 15 or that he had a motive to kill her.
At trial, the State’s expert testified that, in order to cause death by strangulation, the victim’s assailant had to have maintained substantial and continuous pressure on her windpipe for three to five minutes. The State argued that that alone was enough to raise an inference that the murder was premeditated. He was convicted of first degree murder.
- 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.