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Criminal Procedure Keyed to Dressler
United States v. Wade
Citation:388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149.
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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:
A man entered a bank, pointed a pistol at the female cashier and the vice president (the only persons in the bank at the time), and forced them to fill a pillowcase with the bank’s money. The man then drove away.
An indictment was returned against the defendant and he was arrested. Fifteen days after counsel was appointed to represent the defendant, an FBI agent, without notice to the defendant’s lawyer, arranged to have the two bank employees observe a lineup made of the defendant and five or six other prisoners. Both bank employees identified the defendant in the lineup as the bank robber.
At trial, the two employees, when asked if the robber was in the courtroom, pointed to the defendant. The defendant made a motion to strike the employees’ courtroom identifications on the ground that the lineup, without notice to and in the absence of his appointed counsel, violated his Sixth Amendment right to counsel. The motion was denied, and the defendant was convicted. The Court of Appeals for the Fifth Circuit reversed the conviction, finding that the lineup, held in the absence of counsel that was already chosen to represent the defendant, was a violation of his Sixth Amendment rights.
- 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.