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Evidence Keyed to Park
United States v. Hogan
Citation:763 F.2d 697 (1985)
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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:
At a jury trial, the government asserted that the Hogan brothers were implicated in an operation that smuggled marijuana from Mexico into Texas. The falcrum of the government’s proof was the testimony of Mark Carpenter, the pilot of Barry Hogan’s airplane, allegedly used in the importing scheme. Following his release and return to the United States, he was called to testify before the jury in a related case pending in the same court in which the Hogans were later to be tried, but before a different judge. He denied that he or the Hogans had any involvement in a drug conspiracy. Carpenter was indicted for perjury. The prosecutor told the jury that he anticipated that Carpenter would testify that the Hogans were not guilty and that his statements implicating them were the result of torture. Following Carpenter’s testimony, the government called four DEA and embassy officials to impeach Carpenter’s story of torture and fabrication. Defendants objected to the use of such testimony as hearsay and improper impeachment, but these objections were overruled.
- 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.