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Criminal Procedure Keyed to Miller
State v. Edwin Urbina
Citation:
115 A.3d 261 (N.J. 2015)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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.
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- 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:
Edwin Urbina (defendant) shot and killed Edwin Torres. To avoid being charged with first-degree murder, Urbina entered into a plea agreement with the State: he agreed to plead guilty to one count of first-degree aggravated manslaughter in exchange for the State’s recommendation of a sentence not to exceed 17 and a half years imprisonment and five years of post-release parole.
At the plea hearing, the defense counsel questioned Urbina to establish the factual basis for his plea. During this exchange, Urbina stated that Torres and his cousin had pulled out their firearms first and he took his handgun out as an act of self-defense. He claimed he did not intend to kill Torres but that his handgun was automatic and six bullets struck Torres. Urbina’s counsel and the prosecutor, however, stated that no handgun was found on the victim. The prosecutor asked to amend the plea agreement to show a waiver of self-defense as part of the plea. The judge asked Urbina if he understood that, by pleading guilty, he waived self-defense. Urbina responded that he understood, and the court accepted his guilty plea. Urbina later appealed, arguing that the trial court erred in accepting his guilty plea because the factual basis indicated he was asserting a complete defense.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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