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Criminal Procedure Keyed to Miller
State v. Tanya Marie Anyan
Citation:104 P.3d 511 (Mont. 2004)
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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:
Police obtained a warrant to search a residence in which they believed the occupants were operating a methamphetamine lab. In the application for the search warrant, one of the officers stated that several people who had been seen near the residence had been charged with felonies and drug offenses. Also, one of those people had purchased ammunition, though there was no evidence that any individuals in the home possessed weapons. At 3:00 AM., law enforcement officers executed a no-knock raid on the defendants’ residence. The officers did not knock and announce their presence prior to entering the house, and they did not detect any activity or hear anything consistent with attempts to flee the scene. Several occupants of the house were charged with conspiracy to manufacture dangerous drugs, criminal production or manufacture of dangerous drugs, criminal possession of dangerous drugs, and possession of dangerous drugs with intent to sell.
- 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.