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Criminal Law Keyed to Weaver
State v. Blair
Citation:348 Or. 72, 228 P.3d 564 (2010)
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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:
Blair broke into the victim’s home. Blair stole multiple marijuana plants and household items. Blair attempted to rape and sexually abuse the victim. The next day the victim’s son found the victim with part of her leg tied in a blanket and attached to the bed post. The victim suffered from serious COPD, and the cause of death was due to the exacerbation of the victim’s COPD due to Blair’s burglary, attempted rape, and attempted sexual abuse.
At trial Blair requested that the jury instructions include that in order to find Blair guilty of felony murder he must have had some type of mens rea regarding the killing. The trial court did not include such instructions and Blair was convicted of felony murder, among other crimes.
- 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.