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Criminal Procedure Keyed to Miller
State v. Bryan Allen
Citation:294 P.3d 679 (Wash. 2013)
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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.
- 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:
Gerald Kovac, a White man, was approached by two Black men who offered to sell him marijuana. When Gerald refused, one of the men said he was going to kill him and lifted his shirt to show a gun. Kovac called the police and gave descriptions of the men. Several minutes later, a University of Washington patrol officer stopped two Black men near the crime scene. One of the men fled, but the other, Bryan Allen (defendant), did not. Allen matched Kovac’s description of the man with the gun as to race, clothing, hat, and sunglasses, but he was physically larger. Also, police did not find a gun, marijuana, or cash on Allen’s person.
Allen was charged with felony harassment. At trial, Allen requested a jury instruction regarding cross-racial identifications. The court refused.
- 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.