SmartBrief
Confirm favorite deletion?
Criminal Law keyed to Dripps
Strickland v. Washington
Citation:
466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674.Facts
Respondent was charged with three counts of murder, multiple counts of robbery, kidnapping, and assault, among other crimes. Counsel actively pursued discovery and pretrial motions. However, against counsel’s advice, the respondent confessed to the first two murders. Respondent then pled guilty to all charges, once again against counsel’s advice. Counsel further advised that the respondent invoke his right under Florida law for an advisory jury on the capital sentencing hearing, however, Respondent again rejected the advice and waived his right. Counsel decided not to look further into evidence of respondent’s character and emotional state, but did move to exclude from the sentencing hearing certain evidence he thought was potentially damaging. At the sentencing hearing, counsel argued that respondent’s remorse and acceptance of responsibility justified sparing him the death penalty. However, the judge found numerous aggravating circumstances and that there was insufficient mitigating circumstances. Respondent ultimately received three death sentences and a prison term for the other crimes.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
Topic Resources
Topic Outline
Sixth Amendment RightsTopic Refresher Course
The 6th AmendmentTopic Charts & Notes
Right To Counsel