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Criminal Law Keyed to Ohlin
State v. Brown
Citation:122 N.M. 724 (1996)
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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:
In early 1993, the defendant met Josephine Calanshe and they dated briefly. By the summer of that same year, they were both dating other people, though they remained friends.
On August 23, 1993, the defendant, along with a few friends, began drinking beer around noon, and continued drinking throughout the afternoon. That evening, they all went to Josephine’s house, where they continued to drink. It is estimated that they drank over 100 bottles of beer.
Josephine’s boyfriend, Oscar Zapata, was also at Josephine’s house. The defendant and Oscar shook hands and it appeared that there was no conflict between them. However, when Oscar and Josephine were kissing, the defendant shot Oscar in the back of the head.
The defendant took the stand and testified that he was so intoxicated on the night of the murder that he did not recall anything about the shooting. He testified that he had blackout episodes in the past due to excessive alcohol consumption and had been a heavy drinker since he was fifteen years old (he was nineteen at the time of the murder). He was convicted of first-degree depraved mind murder. He appealed, arguing that the court erred by not permitting the jury to consider his intoxication.
- 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.