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Criminal Law Keyed to Weaver
State v Maestas
Citation:652 P.2d 903 (Utah 1982)
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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:
Maestas allegedly robbed a bank. He then tried to escape in a van. A police officer was waiting in the island in the center of the road and waited for Maestas and the van to approach. When the van approached the officer fired his pistol at the van in an effort to disable it unsuccessfully. Maestas, as the van drove by the officer, hung out the window and fired a revolver at the officer. A few blocks away the van crashed into a parked car and Maestas was apprehended by other officers.
At trial Maestas was found guilty of attempted first degree murder. However, the court granted Maestas’s motion to dismiss due to the argument that specific intent to kill could not be inferred from the evidence. On the appeal Maestas argues that attempted murder requires a higher showing of intent than the crime of murder itself.
- 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.