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Criminal Law Keyed to Weaver
State v. Davis
Citation:905 S.W.2d 921 (Mo. Ct. App. 1995)
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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:
Blackwell, Tabbs, and Davis were drinking beer and gin. Tabbs was driving the three to the west end of St. Louis. During the ride one of the two others stated they were going to “jack” somebody. They spotted Hasty and Young getting groceries out of the back of their vehicle. Blackwell and Davis exited the vehicle, and Tabbs drove one block away. Blackwell approached Hasty with a knife and demanded her purse. She tried to hold onto to it. Davis approached Young, Hasty noticed that Davis was brandishing a handgun. Hasty heard the sound of chains rattling, and assumed Davis and Young were wrestling. Then Hasty heard “I want your money. Give me your wallet.” Hasty then heard three shots. Upon this, Blackwell was able to snatch the purse from Hasty. Hasty then went to the aid of Young. Young and Davis struggled for 30 feet. Young was mortally wounded and died before arriving to the hospital.
Tabbs and Blackwell testified for the state. Tabbs testified that he knew that Davis customarily carried a handgun in the small of his back. While he did not see it on this occasion, he did see Davis reach for the small of his back as Davis approached Hasty and Young. Blackwell testified he saw Davis and a man wrestling and he saw Davis pull the gun on the man and shoot him. Hasty testified that Davis was carrying the handgun as Blackwell and him approached.
- 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.