SmartBrief
Confirm favorite deletion?
Criminal Law Keyed to Osler
United States v. Ridner
Citation:
512 F.3d 846 (6th Cir. 2008)Facts
Defendant had a criminal history of three violent felonies. The day of the incident, defendant walked to his former sister-in-law’s place with the ex-in-law and his brother (who was formerly married to her). He alleges that his brother was talking about suicide and getting his gun back from a pawnshop. This was concerning because their third brother killed himself, and this brother had attempted before. At this time, the former sister-in-law brought the defendant coffee and three shells. The brother, after drinking some coffee and chatting on the front porch with defendant, was feeling better. Defendant did not know there was any gun inside the home.
Minutes after the defendant was given the shells, officer pulled up to the home. Defendant ran through the residence, out the backdoor, and was chased by officers because they had an arrest warrant for him. Defendant was caught and 3 rounds of ammunition were found on his person and a matching gun under the seat of the couch. Defendant argued that he only had the ammunition to keep it from his suicidal brother.
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
Topic Outline
DefensesTopic Refresher Course
Introduction to Defenses and Self DefenseTopic Charts & Notes
Defenses