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Criminal Law Keyed to Osler
United States v. McNeal
Citation:865 F. 2d 1167 (10th Cir. 1989)
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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:
There was a robbery of a Kansas City Credit Union in September of 1965. One robber, wearing a fishing hat, assaulted the security guard, knocking him down three times and stole his firearm. The other robber, wearing an afro wig, went behind the teller’s cage, fired his gun at the security guard, and demanded money from the tellers. The robbers left with almost $5,000.oo and the security guard’s firearm.
In July of 1986 Ms. O’Neal was arrested on disturbance charges, and had in possession at the time of her arrest the gun that was stolen during the bank robbery. She purchased the gun from Terry McNeal in April of 1986. She identified Terry McNeal and his brother Bobby McNeal in the robbery photos. The government’s theory was that Terry McNeal had the fishing hat on and Bobby McNeal had the afro wig on. However, between the security guard, a customer at the bank at the time of the robbery, a bank teller, and the assistant manager either did not identify one or both of the brothers or switched their placement at the scene.
Terry McNeal (defendant) was convicted and appealed on the basis that the statue in question only covers bank deposits insured under the Federal Deposit Insurance Corporation or are state chartered credit union accounts, and his indictment mentioned the credit union’s deposits, which used incorrect terminology. The distinction that the money is insured by the federal government is important to establish the federal court’s jurisdiction over 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.