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Criminal Law Keyed to Ohlin
State v. Smith
Citation:2007 WL 1165822 (2007)
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- 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 April 15, 2005, the defendant hit Bryan Biser with a closed fist on the left side of his head. Biser never raised his arms, squared to fight, or said a threatening word. As Biser fell to the ground, the right side of his face hit a parked car, and then his head hit the pavement. The defendant “Dance” over Biser, taunting him. EMTs arrived and transported Biser to the hospital. Biser told the EMTs that he was diabetic and had taken his insulin that day, but the EMTs were not able to check his blood-glucose level.
At the hospital, Biser refused emergency treatment for his head injuries and his diabetes, despite an elevated blood-glucose level of 465. Biser stated that he had insulin at home to treat himself and did not want to purchase more at the hospital. He recycled a CAT scan and was told to return immediately if he experience any vomiting, confusion, or vision problems. He left the hospital and went home.
Later that day, people went to check on Biser and he seemed confused and did not remember being involved in a fight. The next day, they visited again but Biser did not let them in and told them he felt sick to his stomach and asked them to leave him alone. His cousin testified that Biser told her he took his insulin but that his head hurt and he wanted everyone to go away.
Biser was eventually found lying on the floor, unconscious. He struggled to breathe, and his feet and left arm had turned black. He was transported to the hospital. His CAT scan showed that he had a possible skull fracture, a small subdural hematoma, a subarachnoid hemorrhage, and that his blood-glucose level was 1,169 and he was in severe diabetic ketoacidosis (a lethal condition resulting in a failure to take insulin). He underwent exploratory surgery and died.
- 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.