Home: Criminal Law Case Briefs

Alabama v. Shleton Facts: Shelton (D), is an impoverished individual charged with a misdemeanor and was sent to the assistance of court-appointed...

Alexander v. State 52 Md.App. 171, 447 A.2d 880, 294 Md. 600, 451 A.2d 664 (1982) FACTS: -D was convicted of an assault on a correctional...

Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002) Procedural Posture: An association of businesses, all of which were involved in the...

Atkins v. VA (US SUP. CT.) Prepared by Candice Facts: A mentally retarded individual and another man robbed and shot and killed a man. Each...

B (A Minor) v. Director of Public Prosecutions House of Lords 1 All E.R. 833 Facts B, a 15yo boy, repeatedly asked a girl he thought was over...

Procedural History: A 15-year-old defendant is tried and convicted for statutory rape/soliciting sexual acts from a child under 14. Defendant...

Baldwin v. Com. Procedural Background: D was convicted in the Circuit Court, of attempted murder and eluding police. D appealed, and the Court...

Balint v US Supreme Court of the United States 258 U.S. 250 (1992) Facts Defendants were indicted for violating the Narcotic Act of 1914 by...

Procedural History: Doctors are charged with murder for removing life support, including nourishment from a patient in a vegetative state. Doctors...

Barber v Superior Court California District Court of Appeals 147 Cal. App. 3d 1006, 195 Cal. Rptr. 484 (1983) Facts A patient went into...

Beaty v. Commonwealth Procedural Background: Appellant was indicted on nine counts Now, I believe it’s in the KY Supreme Court. Facts: Cops...

Bell v. United States (p. 389) 1983 Procedural Background: Convicted after jury trial in USDC for the Southern District of FL. Now, it’s in...

1. Berry v. Superior Court, (1989); pg. 185, briefed 10/1/95 Prepared by Roger Martin http://people.qualcomm.com/rmartin 2. Facts: Berry owned a...

Biddle v. Commonwealth 206 Va. 14, 141 S.E.2d 710 (1965) Facts: -D waived her right to a jury trial, and was then tried by the court on an...

Booth v. State Prepared by Candice Facts: A man stole a coat and was going to sell it to a guy. The police caught him after he stole the coat...

Boro v. Superior Court 163 Cal. App. 3d 1224, 210 Cal. Rptr. 122 (1985) Facts A man called, identifying himself as Dr. Stevens, and told R that...

Brown v. United States 256 U.S. 335, 41 S.Ct. 501, 65 L.Ed. 961 (1921) FACTS: -D was convicted of murder in the second degree of Hermes. -D...

Burrows v. State 38 Ariz. 99, 297 P. 1029 (1931) FACTS: -The deceased was giving D a ride someone. -Deceased was very drunk so D had to drive....

Carter v. United States (p. 103) Procedural Background: Grand jury indicted him. Now it’s in SCOTUS. Facts: Guy stole money from a bank; held...

CARTER V. UNITED STATES 530 U.S. 255 (2000) Procedure: Upon grant of certiorari, petitioner challenged of the judgment of the United States Court...

Cheek v. United States, 498 U.S. 192 (1991) Prepared by Candice Facts: Pilot did not file taxes because he thought it was unconstitutional....

Cheek v. United States (Mini Brief) Supreme Court of the United States, 1991 Brief Fact Summary An American Airlines pilot was convicted for...

Procedural History: Defendant appeals conviction for not paying taxes based on the belief learned from an anti-tax group that taxes were...

Chen v. State Procedure: Appellant was convicted in a bench trial of attempted sexual performance by a child, and he was sentenced to seven years...

City of Chicago v Morales Supreme Court of the United States 527 U.S. 41 (1999) Facts Chicago enacted the Gang Congregation Ordinance act which...

City of Chicago v. Morales Supreme Court of the United States, 1999 Author: Hua Brief Fact Summary In 1992, the City of Chicago enacted...

Clark v. Arizona (p. 543) 2006 Procedural Background: Clark was charged with 1st degree murder for intentionally or knowingly killing a law...

COKER v. GEORGIA FACTS: D was charged with escape, armed robbery, vehicle theft, kidnapping and rape. D had escaped from a correctional...

COLUMBUS V. KIM 886 N.E.2d 217 Procedure: Defendant was convicted of harboring an unreasonably loud or disturbing animal, in violation of...

Commonwealth v Sherry 386 Mass. 682, 437 N.E. 2d 224 (1982) Facts Victim was a RN who was employed at the same hospital as defendants, all of who...

Procedural History: Defendant is tried and convicted of first degree murder in the death of his wife. Defendant appeals the conviction arguing that a...

Commonwealth v. Carroll Supreme Court of Pennsylvania 412 Pa. 525, 194 A.2d 911 (1963) Facts So that his wife would feel safe, Carroll had left a...

Commonwealth v. Donahue 148 Mass. 529, 20 N.E. 171 (1889) FACTS: -D is guilty of robbery and committing an assault in the process. -D...

Commonwealth v. Fischer Superior Court of Pennsylvania 721 A.2d 1111 (1998) Facts Fischer and another freshmen engaged in sexual acts in...

Commonwealth v. Fisher Prepared by Candice Facts: College students in a dorm room. Have two encounters in a short time span and the stories...

1. Commonwealth v. Hutchins, (1991); pg. 374, briefed 10/28/95 Prepared by Roger Martin 2. Facts: ∆ used marijuana to relieve symptoms of a...

Commonwealth v. Jones (p. 418) 2004 Procedural Background: None. Now, it’s in VA Supreme Court. Facts: Jones entered into a shoe store. The...

1. Commonwealth v. Malone, (1946); pg. 183, briefed 10/1/95 Prepared by Roger Martin http://people.qualcomm.com/rmartin 2. Facts: Malone was a...

Procedural History: Boy appeals sentence for killing his friend while playing Russian Poker. Sentenced to second degree murder and appeals. ...

COMMONWEALTH v. MOCHAN FACTS: D was charged with making harassing calls to V. Conduct was not prohibited by statute but PA Penal Code stated any...

Commonwealth v. Powell (p. 413) 2001 Procedural Background: Defendant was convicted of armed robbery. Now, it’s in the MA Supreme Judicial Court. ...

Commonwealth v. Rhoades Prepared by Candice Facts: A man lit a fire (arson) and a firefighter went in to save people and ended up dying due to...

Commonwealth v. Root Prepared by Candice Facts: ∆ was challenged to auto race by the deceased. Drove really fast and the deceased tried to...

Commonwealth v. Sa (p. 379) 2003 Procedure: Defendant was convicted jury of one count of aggravated rape, GL c 265, $22 (a). The COA concluded...

Commonwealth v. Teixera 396 Mass. 746, 488 N.E.2d 775 (1986) Facts: -D appeals a jury’s conviction of neglecting to support a child born out of...

1. Commonwealth v. Welansky, (1944); pg. 199, briefed 10/4/95 Prepared by Roger Martin 2. Facts: Welanksky was the owner of a nightclub....

Procedural History: Defendant club owner is convicted of involuntary manslaughter for maintaining an overcrowded bar with flammable decorations and...

Coolen v. State (p. 286) 1997 Procedural Background: Defense counsel moved for judgment of acquittal on the basis that the state failed to...

Cooper v. United States 512 A.2d 1002 (1986) FACTS: -D was convicted of voluntary manslaughter and carrying a pistol w/o a license -D and...

Cox v. Director of Revenue (p. 84) 2003 Procedural Background: Circuit Court of MO ruled that the Director of Revenue improperly suspended the...

Crawford v. State (p. 41) 1998 Procedural Background: Missip. TC – convicted him of kidnapping, raping, and murdering Kristy Ray a few days before...

Davis v. Commonwealth230 Va. 201, 335 S.E.2d 375 Facts: -Mary Davis was convicted of involuntary manslaughter of her mother Emily Carter. -The...

DIRECTOR OF PUBLIC PROSECUTIONS v. CAMPLIN FACTS: D, a 15 year old boy, killed V after V sodomized him and then taunted him for it. D split V’s...

1. Downden v. State, (1988); pg. 228, briefed 10/15/95 Prepared by Roger Martin 2. Facts: Dowden’s brother was arrested and held at the police...

Duncan v. Louisiana Supreme Court of the United States, 1968 Author: Hua Brief Fact Summary Duncan, an African American, was driving in...

Evans v. State Procedure: D's were convicted of criminal attempt to enter automobile after bench trial in the Superior Court, Ds appealed. ...

Ewing v. California (p. 23) 2003 Procedural Background: TC – determined grand theft should remain a felony. Now it’s in SCOTUS. Facts: On...

Ex Parte Fraley Prepared by Candice Facts: ∆ shot a man several times because this man killed his son. However, the ∆ shot this man 9 or 10...

Ex Parte Heigho 18 Idaho 566, 110 P. 1029 (1910) Facts: -D and Barton both hit each other a couple of times. -Barton’s friend, Mrs.Riegleman...

Finger v. Nevada Prepared by Candice Facts: ∆ accused of murdering his mother by stabbing her in the head with a kitchen knife. Nevada did not...

Francis v. Franklin Prepared by Candice Facts: Convict was at dentists office and managed to escape. Went to a man’s house to get a car from...

1. Garnett v. State, (1993); pg. 14, briefed 11/12/95 Prepared by Roger Martin 2. Facts: Garnett was a 20 yr old retarded man. He met a girl who...

Gebardi v. United States 287 U.S. 112, 53 S.Ct. 35, 77 L.Ed. 206 (1932) Rule of Law: Mann Act: Any person who shall knowingly transport or cause...

1. Gilbert v. State, (1986); pg. 178, briefed 9/24/95 Prepared by Roger Martin http://people.qualcomm.com/rmartin/ 2. Facts: Gilbert’s wife was...

Procedural History: Defendant is tried and convicted of second degree murder in the death if his wife. Defendant contends that the conviction should...

Girouard v. State Court of Appeals of Maryland 321 Md. 532, 583 A.2d 718 (1991) Facts Girouard’s wife taunted and barraged him with insults...

Government of the Virgin Islands v. Scuito United States Court of Appeals, 3d Circuit 623 F.2d 869 (1980) Facts Scuito gave the complainant a...

Green v. State 266 Ga. 758, 470 S.E.2d 884 FACTS: -D was convicted of felony murder of his wife, who died of a stress ulcer in the hospital a...

GREGG v. GEORGIA FACTS: Gregg found guilty of armed robbery and murder and sentenced him to death. On appeal, the Georgia SC affirmed the death...

Griffin v. State Prepared by Candice Facts: Police officers came on the scene of a car accident. Cop asked who was driving the car, and a man...

Harris v. State 353 Md. 596, 728 A.2d 180 (1999) Facts: -D got drunk and received a ride home fm his friend Jack gave him a ride home. -Along...

1. Henderson v. Kibbe, (1977); pg. 269, briefed 9/11/95 Prepared by Roger Martin http://people.qualcomm.com/rmartin/ 2. Facts: Respondent and...

Procedural History: Defendant is convicted of aiding and abetting a murder. Defendant appeals conviction on the basis that intent to aid and abet was...

Procedural History: Defendant felon is convicted of felony murder for shooting his friend while turkey hunting. Defendant appeals conviction on the...

HINES V. STATE 578 S.E.2d 868 (Ga. 2003) Procedure: A jury convicted defendant of felony murder based on the underlying crime of possession of a...

Holloway v. United States (p. 124) 1999 Procedural Background: The DC Judge instructed the jury that the government was required to prove BYRD...

1. Holmes v. Director of Public Prosecutions, (1946); pg. 147, briefed 9/27/95 Prepared by Roger Marting http://people.qualcomm.com/rmartin 2....

IN RE BANKS FACTS: The state argues that the court erred in ruling that the peeping tom statute is unconstitutional. Respondent contends that the...

IN RE JOHN Z 128 Cal.Rptr. 161 (Cal. 1985) Procedural Posture: Defendant challenged a judgment from the Superior Court of Los Angeles County...

Procedural History: Juvenile is convicted of larceny using the preponderance of evidence standard. Defendant appeals conviction on constitutional...

In the Interest of MTS Prepared by Candice Facts: Boy was staying at girl’s house. Girl said that he came into her room and she thought...

Jacobson v. United States 503 U.S. 540, 112 S.Ct. 1535, 118 L.Ed.2d 174 (1992) FACTS: -D was convicted of violated the Child Protection Act...

1. Jahnke v. State, (1984); pg. 388, briefed 10/28/95 Prepared by Roger Martin 2. Facts: ∆ was an “all-american” boy who was physically and...

Jones v. State (p. 222) 2000 Procedural Background: TC convicted him for felony murder; rational jurors concluded on the facts beyond a reasonable...

Jones v. United States, 308 F.2d 307 (D.C. Cir. 1962). Brief Fact Summary Mother of illegitimate baby placed the baby with the defendant. The...

Procedural History: Baby’s caregiver is convicted on involuntary manslaughter for failing to provide adequate care and appeals conviction. Facts: ...

Keeler v. Superior Court Supreme Court of California, 1970 Author: Hua Brief Fact Summary Petitioner put his knee into the stomach of Mrs....

Keller v. Superior Court (1970) p 168. Facts: Teresa Keeler gets divorced on Sept. 2 1968. Keeler did not tell appellant she was then pregnant by...

KIBBE v. HENDERSON FACTS: Kibbe and his co-defendant met V in a bar. V was intoxicated and the bartender refused to serve him further. V tried to...

Lambert v. CA (US SUP CT) Prepared by Candice Facts: ∆ was a resident of Ca for 7 years and had a forgery conviction. An LA law made it a...

1. Lambert v. California, (1957); pg. 26, briefed 11/12/95 Prepared by Roger Martin 2. Facts: Lambert was a convicted felon. She lived in Los...

Procedural History: Defendant appeals conviction for not registering as a felon in Los Angeles. Facts: • Los Angeles law says that any felon who...

Lawrence v Texas Supreme Court of the United States 539 U.S. 558 (2003) Facts Police were called to a private residence in response to a reported...

Letner v. State 156 Tenn. 68, 299 S.W. 1049 Facts: -D shot his gun toward a boat as a prank to frighten the boys that were in the boat -One of...

Lewis v. State 474 So.2d 766 FACTS: -D was indicted for murder and manslaughter. -The deceased was with D at the time of his death. -From...

Procedural History: Defendant is tried and found guilty of attempted murder (assault with attempt to murder) after he tried to kill a man who he had...

Maher v. People Supreme Court of Michigan 10 Mich. 212, 81 Am. Dec. 781 (1862) Facts Maher was charged with assault with intent to murder Hunt...

Marquiz v. People 726 P.2d 1105 (1986) Rule of Law: Where all alleged co-conspirators but one are acquitted of the conspiracy, the remaining...

Martin v. State Prepared by Candice Facts: A man was arrested at his home while he was drunk and the officers took him onto the highway. He...

Martin v. State Alabama Court of Appeals, 1944 Author: Hua Brief Fact Summary Police officers arrested Martin at his home, where he was...