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Criminal Law Keyed to Ohlin
State v. Stewart
Citation:663 A.2d 912 (1995)
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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 August 31, 1988, the defendant gave birth to a son. Fifty-two days later, the baby died from dehydration.
During the week prior to the baby’s death, the defendant, her boyfriend, and a friend, Patricia McMasters, were on a multi-day cocaine binge. The baby also present at the apartment during this time. When they exhausted an existing supply of cocaine, they would pool their money and go buy more with the accumulated funds.
McMasters testified that during this time she saw defendant feed the baby only once. He was in a walker, and the defendant propped a bottle of formula up on the walker for the baby to feed himself. McMasters testified that she did not see defendant hold the baby to feed him nor did she see defendant change his diaper or clothes during this period.
The defendant was convicted of felony murder. The prosecution did not allege that defendant intentionally killed her son but rather that he had been killed during the commission of an inherently dangerous felony, specifically, wrongfully permitting a child to be a habitual sufferer.
- 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.