SmartBrief
Confirm favorite deletion?
Criminal Law Keyed to Kadish
State v. DiPetrillo
Citation:
922 A.2d 124 (2007)Facts
On March 20, 2002, Craig DiPetrillo, a 30-year-old business owner, asked his 19-year-old employee Jane to work late to help set up a design library in the company’s basement. Instead of beginning work immediately, DiPetrillo took Jane to get Chinese food and beer, then to his house where he changed clothes before returning to the office around 5:30 p.m. After consuming food and several beers, DiPetrillo asked Jane to come to his desk, where he grabbed her wrist, pulled her onto his lap, and began kissing her. According to Jane’s testimony, she initially kissed him back but then protested, telling him “we can’t do this” and that he was her boss. DiPetrillo moved her onto the chair seat, stood over her, continued kissing her, and put his hand under her shirt to touch her breast despite her protests. He then pulled down her pants and underwear and digitally penetrated her vagina. When Jane stood up and attempted to walk away, DiPetrillo grabbed her around the waist and forcibly held her while he masturbated. The next day, Jane reported the assault to a supervisor and later to police.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
Topic Resources
Topic Videos 
14m 16s
10m 5sTopic Outline 
Topic Refresher Course 