Confirm favorite deletion?
Criminal Law Keyed to Osler
United States v. Serawop
Citation:410 F. 3d 656 (10th Cir. 2005)
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. Review the Facts of this case here:
Defendant was left to care for his infant Beyonce Serawop along with Beyonce’s two siblings and cousin, while her mother was serving a 12 day jail sentence for lying to police. Defendant had just started a new job that week as well. The day after Beyonce’s mother had left, defendant called for an ambulance, reporting that Beyonce was having trouble breathing. When she arrived at the hospital she was limb and pale, a spinal tap revealed head trauma. Beyonce was then airlifted to another hospital where she was pronounced dead upon arrival.
Medical examiners found the following on Beyonce- rib fractures, contusions on her face, and three skull fractures consistent with blunt force trauma. The examiners concluded that the skull fractures caused her death and that due to the malleability of an infant’s skill, a considerable amount of force would be needed to cause three fractures.
Defendant gave several different stories about what had happened. First, that Beyonce just stopped breathing. Then that Beyonce’s brother hit her in the head, that another child had dropped her, and also that he had tripped while holding her and hit her head on the edge of a TV stand. His last version was that he accidentally dropped her and she hit her head on the bathroom counter.
At trial, defendant argued first for a charge of involuntary manslaughter arguing that the fall caused the accidents and injury, and in the alterative the jury should find him guilty of voluntary manslaughter arguing that the force was due to the head of passion arising from the frustration of her crying for her mother. Defendant was convicted of voluntary manslaughter.
- 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.