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Criminal Law Keyed to Gershowitz
State v. Hemmer
Citation:3 Neb. App. 769, 531 N.W.2d 559.
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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:
On January 15, 1994, a sheriff deputy attempted to stop the defendant for a speeding violation. When the defendant would not stop, a high-speed chase ensued. The chase continued into a different county, at which time there were 8 to 10 law enforcement officers from four different law enforcement agencies involved in the chase.
During the chase, the defendant ran two roadblocks set up by police. One roadblock had been set up in the town of Osmond. As the defendant’s vehicle was being chased through Osmond by a State Patrol trooper, the sheriff parked his vehicle in the middle of a street in the path of the pursuit and exited the vehicle. The sheriff then attempted to “flag the defendant’s vehicle down” as it approached, but when the defendant’s vehicle did not stop, the sheriff was forced to “dive into a snowbank” to avoid being struck. The defendant was later apprehended in a rural area after his vehicle ran out of gas.
The defendant was convicted of the crime of attempted reckless assault on an officer. The defendant appealed, arguing that he cannot be found guilty of attempted reckless assault.
- 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.