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Criminal Procedure Keyed to Miller
State v. Theodore Nelson
Citation:638 A.2d 720 (Me. 1994)
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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:
An officer observed an unoccupied vehicle he knew belonged to his neighbor parked in a lot where there had been several complaints of theft. The officer watched from an adjacent parking lot and observed a white pickup truck belonging to Nelson (defendant) pull up next to the neighbor’s vehicle. Both Nelson and the neighbor exited the pickup and began drinking a 16-ounce can of beer. After about 45 to 50 minutes, Nelson drove away. The officer followed Nelson, activated his lights, and made an enforcement stop based on the observation of Nelson drinking a can of beer. There was nothing from the way Nelson operated the vehicle to suggest he was violating any traffic laws.
- 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.