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Criminal Law Keyed to Osler
United States v. Grzybowicz
Citation:
747 F. 3d 1296 (11th Cir. 2014)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
Defendant and Patricia Cochrum worked together at the same restaurant. Because they were friends, they planned a joint trip with each other’s families to an amusement park. Ms. Cochrum would bring her boyfriend and two children while the defendant would bring his wife and son. The day of the trip the defendant showed up himself saying his wife and son were both sick. Ms. Cochrum showed up with her boyfriend, 5-year-old son, and 2-year-old daughter. They had enjoyed the park for about 4 hours when defendant insisted that Ms. Cochrum ride a roller coaster with her boyfriend while he watched her two kinds. She accepted this seemingly kind request from her friend and entrusted her kids to his care in a public place for 5 to 10 minutes. They rejoined the kids and left the park a little bit later. On the car ride home, Ms. Cochrum’s daughter complained that her genital area was hurting. Ms. Cochrum was not overly alarmed because her daughter had a rash in that area on and off. When she got home, Ms. Cochrum noticed the adhesive straps of her daughter’s diaper were not placed properly as they had been, but she dismissed it because her daughter occasionally plays with her diaper straps.
The defendant’s wife, Bette Schuster, looked through the defendants phone 2 days after his amusement ride trip, expecting to find evidence that he was cheating on her with Ms. Cochrum. Instead, she found four photos that had been sent from his phone to his email that were of a little girl in a yellow dress’s vagina. Ms. Schuster immediately told the person she was having an affair with, Richard Bartholomay who was a police officer, who immediately called the police. After a consented search to his home and computer, officials found 79 images of child pornography in the defendant’s computer. There were also saved links to file-sharing website for child pornography. The four images found on his cellphone were taken in the exact time that he was in the care of Ms. Cochrum’s children and she confirmed that her daughter was wearing the dress seen in the background of the photos. Defendant was charged with sexual exploitation of a minor to produce child pornography, distribution of child pornography, and possession of child pornography.
- 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.
