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Criminal Law Keyed to Osler
United States v. Kimble
Citation:2012 WL 2049885 (WD La. May 22, 2012)
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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:
It is not a question that defendant suffers from mild to moderate mental retardation. His IQ is below average and he answers the questions consistent with an early grade-school child. Defendant started special education in first grade, and although he did not drop out of school until he was 20 years-old, he did not obtain a 6th grade reading level. He was in a serious car accident in 2001 that caused his physical and cognitive disabilities.
Two separate expert opinions were obtained. The first from Dr. Seiden found that the defendant was not competent to stand trial because he did not understand what the right to remain silent meant, he did not understand why he would want an attorney, and thought that if he did not answer questions he would be arrested. Though, he found that some of this could be remedied with education, his cognitive impairments and lack of concentration made him incompetent to stand trial. The second opinion was from Dr. Ahava who found that with five accommodations the defendant could stand trial. Those accommodations were: 1) shorter court hearings, 2) Defendant must get all pain medications by a single primary care physician, 3) require defendant to take his medication during intervals in the proceeding, 4) require all communications between the court and defendant be in the simplest language possible, and 5) require the defendant in his own words to repeat back essential communications.
- 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.