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Criminal Procedure Keyed to Miller
State v. Landour Bouie
Citation:817 So. 2d 48 (La. 2002)
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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:
Bouie (defendant) was charged with attempted second-degree murder. He initially wanted to go to trial and believed he was innocent, insisting that he did not know his co-defendant planned to shoot the victim. The trial judge informed Bouie that if he went to trial and were found guilty, he would be sentenced to between 50 to 100 years of hard labor because he was on probation at the time of the offense. If Bouie pleaded guilty, however, the judge would sentence him between 10 and 25 years. The judge went on to say that the odds were not in Bouie’s favor because, in his 16 years as a prosecutor and a judge, he had only seen two people found not guilty in felony trials. Bouie then agreed to plead guilty, and the judge accepted the guilty plea. Before sentencing, Bouie moved to withdraw his plea, claiming that he was under extreme emotional stress when he entered the plea. The judge denied the motion.
- 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.