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Criminal Procedure Keyed to Miller
State v. Larry Henderson
Citation:27 A.3d 872 (N.J. 2011)
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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:
Womble (witness) was smoking cocaine with his girlfriend and Harper (victim) when two men entered the apartment. Womble knew one of the men, Clark, but not the other. While Clark attempted to collect $160 from Harper in another room, the stranger pointed a gun at Womble and told him not to move. Womble later testified that he got a look at the stranger, but not a really good look. Womble then heard a gunshot from the other room and saw Clark holding a gun. As Clark left, he warned Womble not to rat him out.
Harper died from the gunshot wound. Womble initially lied to investigators about the circumstances of the murder, but when the investigators confronted him about inconsistencies in his story, he admitted that he lied out of fear of retaliation and led them to Clark. Clark then gave a statement identifying his accomplice as Henderson (defendant).
An officer had Womble view a photographic lineup with seven filler photos and one photo of Henderson. Womble eliminated six photos but seemed indecisive about the final two photos. The investigators told Womble that they would provide protection against any threats of retaliation. In response, Womble identified Henderson as the culprit. At trial, Henderson did not retract his identification of Henderson but said he felt pressured to make a choice.
- 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.