SmartBrief
Confirm favorite deletion?
Criminal Law Keyed to LaFave
State v. Romano
Citation:
785 S.E.2d 168, 247 N.C. App. 212 (2016)Facts
The victim attended a party where she voluntarily consumed alcohol and Xanax, causing her to become extremely impaired. She eventually lost consciousness on a couch in the living room. While unconscious, the defendant, Leobardo Romano, engaged in sexual intercourse with her. The victim had no memory of the sexual act but was informed by witnesses who observed the defendant on top of her. DNA evidence confirmed sexual contact between the victim and defendant. At trial, the State proceeded on the theory that the victim was “mentally incapacitated” and “physically helpless” at the time of the sexual act, and the defendant was convicted of second-degree rape.
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.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.
3m 19s
