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Criminal Law Keyed to Osler
United States v. Hillard
Citation:490 F.3d 635 (8th Cir. 2007)
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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:
In February of 2005, an officer responded to a 911 call. When they arrived, a partially-clothed woman named Ms. Cole answered the door and invited officers inside. Defendant was present and did not object. Ms. Cole asked the officers to follow her into a bedroom, defendant did not object or move. Officers observed Ms. Cole dress herself and saw several of her items throughout the room. Ms. Cole retrieved a .38 caliber revolver from under the bed, gave it to the officer, and said it belonged to the defendant. Ms. Cole then went into the kitchen and gave the officers a baggie of crack cocaine that belonged to the defendant. Defendant was then arrested for possession and defendant acknowledge that he purchased the firearm.
In August of 2005, officers were surveilling the defendant and saw him engage in several quick interactions. They obtained a search warrant and searched the defendant’s home. They found a .357 Magnum revolver under his bed and 237 grams of crack cocaine in the kitchen along with expensive jewelry, $791 in cash orders, and $1,100 in cash on his person. Defendant admitted in a written statement to possession of the crack cocaine and that he purchased the firearm off the street because he could not legally purchase a firearm due to his felon status. Defendant was indicted and convicted by a jury of two counts of possession with intent to distribute, two counts of felon possession of a firearm, and one count of possession of a firearm in furtherance of a drug trafficking crime. Defendant appealed arguing insufficient evidence.
- 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.