Confirm favorite deletion?
Criminal Procedure keyed to Weinreb
Winston v. Lee
Facts
The Respondent, Lee (the “Respondent”), attempted to rob a store while armed with a gun. The storeowner, who was locking up at the time, was also armed when he saw the Respondent coming at him with a gun. The store owner fired hitting the Respondent and the Respondent also hit the store owner. The store owner identified the Respondent as the man who shot him while at the hospital. The Commonwealth moved in state court for an order that the Respondent must undergo surgery to remove the object under his left collarbone thought to be a bullet. Various hearings were conducted on this issue. The hearings involved expert testimony and whether the surgery would be difficult and/or risky. The state trial court granted the motion to compel surgery. The Respondent petitioned the Virginia Supreme Court for a writ of prohibition and/or writ of habeus corpus. The petition was denied. The Respondent then brought an action in federal district court. The federal court refused to issue a preliminary injunction. Just days before the surgery was scheduled, further X-rays were taken of the Respondent’s chest. They revealed that the bullet was lodged deeper in the Respondent’s chest than thought when the state court initially granted the motion. The Respondent thereafter moved the state court for a rehearing on the new evidence. The state trial court denied the rehearing and the Virginia Supreme Court affirmed. The Respondent then went before the federal court again and the District Court enjoined the surgery and the Court of Appeals affirmed.
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.