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Criminal Law Keyed to Weaver
State v. Kinney
Citation:171 Vt. 239, 762 A.2d 833 (2000)
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- 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:
Kinney allegedly took the victim to a party, took her back to his parents’ house with the parents home and forced the victim to have intercourse with him. The victim did not scream and fell asleep in the same bed and asked to go home in the morning. Kinney was tried for aggravated sexual assault. At trial Dr. Tyler testified explaining rape trauma and the patterns of behavior that rape victims may experience. Dr. Tyler also testified as to false reporting and essentially testified that at least 98% of rapes reported actually occurred. Kinney never objected to any of Dr. Tyler’s testimony at trial and had an opportunity to cross examine Dr. Tyler at trial. Kinney claims that admission of Dr. Tyler’s testimony was erroneous.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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