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Criminal Procedure Keyed to Miller
State v. Manuel Turrietta
Citation:308 P.3d 964 (N.M. 2013)
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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:
Turrietta (defendant) was on trial for allegedly shooting a rival gang member. The State requested that the courtroom be cleared of unnecessary people during the testimony of former gang members who were set to testify against the defendant. The State argued that other gang members could pack the courtroom and intimidate the witnesses so they would not testify. Two of the witnesses testified that they began to receive threats from the defendant’s gang after they agreed to become informants. Court security also found the name of the defendant’s gang etched outside the courtroom doors. The court ordered that the immediate family of the defendant and victim, the attorneys, staff members, and the press would remain in the courtroom but that all other members of the public would not be allowed in the courtroom during the testimony of the two witnesses.
- 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.