Confirm favorite deletion?
Criminal Law Keyed to Weaver
State v. McCoy
Citation:116 N.J. 293, 561 A.2d 582 (1989)
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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, McCoy, was arrested and indicted for receiving a stolen vehicle. Following his indictment, the Defendant pled guilty pursuant to a plea agreement. In providing a factual basis for his plea, he described the events of the incident. The Defendant stated that he was walking down the street when his friend drove by in a car, calling him over and he was about to get into the car with his friend. As soon as he placed his hands on the car, a cop told him to freeze and the Defendant ran. The Defendant was later apprehended by the cop. The Defendant testified that he was about to get into the car with his friend and ride around in it. He further testified that he knew the car was stolen. The trial court ascertained that his plea was knowing and voluntary and that the Defendant knew and understood his rights. Prior to sentencing, the Defendant moved to withdraw his plea, but the trial court concluded that the plea was supported by an adequate factual basis.
The Defendant appealed his conviction on the grounds that there was an insufficient factual basis to support the plea. The Appellate Division found that the facts were insufficient to establish that the Defendant had “received” the stolen automobile under N.J.S.A. [§]2C:20-7. Under, [§]2C:20-7 receipt equates with possession, which the statute defined as “intentional control and dominion.” In comparing the Defendant to an innocent passenger, the Appellate Division concluded there was no evidence that the Defendant intended to control the vehicle or that he and the driver were on a joint commission. Additionally, the Appellate Division stated that there was no evidence that the Defendant was in a position to assert dominion or control over the driver of the vehicle. However, the Appellate Division recognized that the Defendant’s conduct could subject him to a charge of attempted receipt of stolen property.
- 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.