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Family Law Keyed to Weisberg
State v. Gutierrez
Citation:2019 WL 4167270 (N.M. 2019)
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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:
Gutierrez married his ex-wife, Nicole Cordova, in 2002. Nicole told Gutierrez that her uncle had raped her several times. Gutierrez told her “not to worry about anything anymore.” On the day of the murder of her uncle, Jose Valverde, Gutierrez told Nicole that he “took care of it.” Later, she went to help Gutierrez find a shotgun shell left at Valverde’s boxcar. Nicole saw Valverde’s body face down on the floor. Gutierrez later threatened that she would suffer the same fate as the victim if she ever told anyone about what happened.
Gutierrez married his second wife, Evelyn Franco, in 2006 and they lived with Gutierrez’s parents for a time. There was frequent fighting and arguments and Gutierrez’s parents would threaten to “send him away for the rest of his life.” When Evelyn asked Gutierrez what his parents were talking about, he informed her that he had committed a murder. He elaborated that his ex-wife’s uncle had molested her, so he went to his house, walked up to where he was laying on the couch, and fired a shotgun into his face, killing him.
Gutierrez was later convicted of murder by a jury trial. He appeals, contending that admission of the testimony of his former wives violates the spousal communication privilege.
- 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.
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- 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.