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Criminal Law Keyed to Gershowitz
State v. Korell
Citation:213 Mont. 316, 690 P.2d 992.
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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:
The defendant is a veteran who had several disturbing experiences during his tour of duty. Friends and family agree that he was a different person when he returned from the service. He was twice admitted to VA hospitals for psychological problems and treated with anti-psychotic drugs. He would periodically slip into paranoid phases during which he had trouble relating to male authority figures. His mental health varied dramatically.
In 1980, the defendant entered a community college program and participated in a clinical externship at St. Patrick’s Hospital. The defendant’s supervisor at the hospital was Greg Lockwood. Psychiatric testimony introduced at trial indicated that the defendant felt he had to kill Lockwood before Lockwood killed him. On the evening of June 25, 1982, the defendant drove to the Lockwood home in and entered the house through a side door and began firing. Although wounded, Greg Lockwood managed to engage the defendant in a struggle. A shot was fired in the direction of Lockwood’s wife. The defendant grabbed a kitchen knife and both men were further injured before Lockwood was able to subdue the defendant.
The defendant was charged with attempted deliberate homicide and aggravated assault. The defense sought to establish that the defendant was a disturbed man who was psychotic at the time the crimes were committed. The defendant was denied the opportunity to raise the insanity defense because Montana recently abolished the use of the traditional insanity defense. He was convicted.
- 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.