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Criminal Law Keyed to Gershowitz
State v. Wilkins
Citation:703 S.E.2d 807, 208 N.C. App. 729.
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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.
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- 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 17 January 2008, defendant was driving to his mother’s house and he was pulled over. When Officer Bunt approached the car, he noticed that defendant was the only occupant of the car and that he was wearing a hat and sunglasses. Officer Bunt testified that when he knocked on the driver’s side window, defendant “kind of turned . . . away” and “refused to open” the window or the car door. Officer Bunt then opened the driver’s side door, and, upon being asked his name, defendant identified himself as Kendrick Wilkins. Officer Bunt knew that there were outstanding warrants for defendant, and after confirming the existence of the warrants, Officer Bunt arrested defendant.
Upon searching defendant, Officer Bunt discovered a small plastic bag inside of defendant’s pocket, which contained three smaller bags. Each of the three bags were “tied off” at the top and contained a substance Officer Bunt believed to be marijuana. The substance was later weighed and determined to be 1.89 grams of marijuana. Defendant testified that he purchased the marijuana for personal use.
Officer Bunt also found $1,264.00 in cash separated into 60 $20.00 bills, one $10.00 bill, nine $5.00 bills, and nine $1.00 bills. At trial, defendant testified that approximately $1,000.00 of the cash recovered was for a cash bond that his mother gave to him and the remaining $264.00 was from a check he had cashed. Defendant testified that he was carrying cash because he was “on the run” and if he were arrested the bail bondsman would not accept a check.
The defendant was convicted of felonious possession of marijuana with intent to sell or deliver. He appealed, arguing that the trial court erred in denying his motion to dismiss.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
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