SmartBrief
Confirm favorite deletion?
Evidence Keyed to Sklansky
United States v. McCluskey
Citation:
954 F. Supp. 2d 1224 (D.N.M. 2013)Facts
McCluskey (Defendant), along with several co-defendants, was charged with murdering a couple at a New Mexico rest stop. The United States (Prosecution) sought to introduce DNA evidence based on swabs taken from the alleged murder weapon and the decedents’ car. The test results were based upon a low copy number (LCN), meaning that the quantity of DNA falls below the threshold of what is considered a reliable result. The government’s expert witness asserted asserted that the testing showed to “a reasonable degree of scientific certainty” that one of the co-defendants was the sole source of DNA on the sample. Defendant challenged the reliability of the evidence.
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.
- 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.
Topic Resources
9m 7sTopic Outline 
Topic Refresher Course 