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Criminal Law Keyed to Gershowitz
State v. Rummer
Citation:189 W.Va. 369, 432 S.E.2d 39.
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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:
On June 21, 1991, C.D., a 21-year-old woman, C.D. was out driving with friends. She informed her friends that she wanted to go home, but the friends wanted to continue their drive. C.D. was let out of the car approximately eight blocks from her home. It was around 1am.
C.D. began to walk home. As she was walking, she became aware of a vehicle following her at a very slow rate of speed. Gradually, the vehicle passed C.D. and turned the corner. Shortly thereafter, C.D. became aware of a man following her on foot. She became concerned and increased her pace, but he followed even faster. As C.D. turned towards the man again, he caught her and roughly grabbed her. He put one hand between her legs and began rubbing roughly. He attempted to put his other hand up C.D.’s shirt, and grabbed her breasts through her shirt. C.D. tried to escape, but fell to the ground. The man fell on top of her and again roughly fondled her breasts through her shirt with both hands. She finally pushed him off of her and got up and ran to a nearby pay phone, where she called the police and her mother. The police were able to stop the car and C.D. identified the driver as her attacker.
The defendant was found guilty and convicted of two counts of sexual abuse. He appealed, arguing that two convictions were improper under the Double Jeopardy Clause because they arose from the same transaction. He argued that because the touching of the victim’s breasts and her sex organ occurred within a brief period of time, they should be considered one act yet he is receiving multiple punishments for the same act.
- 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.