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Criminal Procedure Keyed to Miller
State v. Jami Del Swanigan
Citation:106 P.3d 39 (Kan. 2005)
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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:
Police interrogated Swanigan (defendant) about a robbery. Swanigan denied involvement, but the officers told him that if he cooperated, that would be conveyed to anyone who might pursue the case. Conversely, they told him that if he did not cooperate, he would be charged with five recent robberies. One officer also falsely told Swanigan that his fingerprints had been found at the scene and he was caught on a surveillance camera. Swanigan then confessed to the robbery, but there were discrepancies between what Swanigan said he was wearing during the robbery and the surveillance footage. When an investigator showed Swanigan a photo of the robber, Swanigan then denied it was him.
Based on his statement, Swanigan was arrested and charged with aggravated robbery. At trial, an expert witness testified that Swanigan had an estimated IQ of 76 and difficulty dealing with anxiety.
- 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.