Confirm favorite deletion?
Criminal Procedure keyed to Kamisar
United States v. Hubbell
Citation:530 U.S. 27, 120 S.Ct. 2037, 147 L.Ed.2d 24 (2000)
An Independent Counsel investigated Hubbell (defendant) for possible violations of federal law relating to the Whitewater Development Corporation. In the first prosecution in 1994, Hubbell pleaded guilty to charges of mail fraud and tax evasion. In the plea agreement, Hubbell promised to provide the Independent Counsel with full, complete, accurate, and truthful information about matters relating to the Whitewater investigation.
In 1996, while Hubbell was incarcerated, the Independent Counsel served Hubbell with a subpoena to produce 11 categories of documents before a grand jury. Hubbell appeared before the grand jury and invoked his Fifth Amendment privilege against self-incrimination. The prosecutor produced an order from the District Court ordering Hubbell to respond to the subpoena and granting immunity to the extent allowed by law. Hubbell produced 12,120 pages of documents and records, the contents of which led the Independent Counsel to initiate a second prosecution in 1998 for various tax-related crimes and mail and wire fraud.
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.