Confirm favorite deletion?
Criminal Law Keyed to Osler
United States v. Hawkins
Citation:603 Fed. Appx. 239 (5th Cir. 2015)
Defendant texted his niece at 4AM to see if she wanted to exercise that morning. He lied and said the Fort Hood gym, where they usually work out, was closed and wanted to go to the isolated Belton Lake instead. They started with core exercises and after she got sore, defendant offered to message her stomach. She allowed the message, but the defendant moved his hands under her pants. Victims responded by saying “Uncle Ruel, I don’t think you should be doing that.” Defendant then pulled down her pants and began performing oral sex on her for a few seconds.
The victims jumped up, grabbed her phone, and then started running away crying. She flagged down a passing truck and told the driver that her uncle just molested her. The police then found the defendant who denied touching his niece in a sexual manner. At trial, however, defendant said he lied to the police and admitted to touching his niece but arguing that she consented to it. Defendant was found guilty. On appeal, defendant argues 1) that there is a mens rea requirement that he knew the sexual contact was without permission and 2) that proof did not exist here of that knowledge.
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.